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APPENDIX

Journals of Senate and Assembly,

NINETEENTH SESSION

LEGISLATURE OF THE STATE OF CALIFORNIA,

V^oliiine 11.

SACRAMENTO:
T. A. SPRINGER, STATE PRINTER.

1872.

BOUND BY F. FOSTER, SACRAMENTO,

46605

OOl^TENTS.

1— Biennial Report of the Board of State Harbor Commissionors for the two fiscal years

ending July 1st, 1871.
2— Report of the Commissioners of Fisheries of the State of California for the years 1870

and 1871.
3 — Report of the Park Commissioners to the Legislature of 1871-2.
4— Report of the Regents of the University of California relative to the operations and

progress of the Institution.
5— Report of the Committee on Public Grounds and Buildings on the State University

Building.
6 — Report of the Joint Committee to Inquire into and Repoil upon the Condition of the

Public and State Lands l.ying within the limits of the State.
7_Report of Special Committee on Resolutions of Mr. Barker, of Nevada, concerning

Land Monopoly, etc.
8— Report of the Joint Committee of the Senate and Assembly on the Indian War

Indebtedness.
9 — Report of Joint Committee on State Prison, recommending certain persons in the

Prison to Executive clemency.
10— Report of Committee on Public Grounds and Buildings on the Institution for the

Deaf, Dumb, and Blind.
11— Majority and Minority Reports of the Committee on Elections, in the case of Flint

vs. Beck.
12— Report of State Hospital Committee in reference to the Insane Asylum at Stockton.
13 — Report of tlie Commissioner on Lunacy.

BIENNIAL REPORT

UX& 4 %hh ljHrki| |^ammi^Bioiiers

TWO FISCAL YEARS ENDING JULY 1, 1871.

D. W. GELWICKS STATE PRINTER

H E P O RT.

To His Excellency, H. H. Haight,

Governor of the State of California :

The Board of State Harbor Commissioners have the honor to present
herewith their biennial report for the period ending July first, eighteen
hundred and seventy-one.

SEA WALL.

In the last preceding report of this Board for the years eighteen hun-
dred and sixty-eight and eighteen hundred and sixty-nine, there was
submitted to your Excellency an extended statement of the object, pro-
gress and condition of the sea wall, together with the plan adopted for
its construction.

The exhaustive report heretofore made to your Excellency by our
predecessors, in which the completion of the sea wall is so strongly
urged, and its vital importance to the commercial interests of the coun-
try and State so clearly demonstrated, leaves us comparatively little to
say upon the subject, further than that we would unhesitatingly reiterate
all that has been therein said in regard to the urgent necessity for the
completion of the sea wall embankment, and respectfully refer you to
that report.

At the time of the submission of the last, the third section of the
sea wall — that is, the portion extending along East Street eleven hun-
dred and eighty feet southerly from the termination of the second sec-
tion, from the south side of Washington Street to a point fifty-two feet
six inches north of the northerly line of Howard Street Wharf — was but
partially finished. Since then the whole of said structure has been com-
pleted and accepted by the Board, in accordance with the report of its
engineer, and paid for, the total cost for the entire work of eleven hun-
dred and thirty feet being two hundred and seventy-one thousand two
hundred dollars.

Since the completion of the section last above referred to, the Com-
missioners have been reluctantly driven to abandon the work upon the
sea wall, the mone\' in the Harbor Protection Fund provided for that
purpose being exhausted, and the exigencies of other portions of the
water front requiring the use of all moneys passed to the credit of the
State Wharf and Dock Fund.

As you are no doubt aware, some portions of the sea wall have been
constructed for over four years. The Board has caused the entire work
to be carefully examined by the Engineer of the Board, who, it will be
seen from the report submitted herewith, finds every part in perfect
order, and well calculated to answer the purpose for which it was in-
tended. With the exception of a slight settling, caused, no doubt, by
the compacting of ihe material of which the embankment is formed, the
Board is aware of no change in any part of the work since its comple-
tion.

DREDGING.

When the members of the present Board of State Harbor Commis-
sioners entered upon the discharge of their duties, there was a contract
with W. H. Taylor for dredging along the city front, at the rate of fifty
cents per cubic yard. Upon the expiration of tl)e time conditioned for
said contract, which occurred on the fourth of September, eighteen hun-
dred and seventy, the Board advertised anew for sealed proposals for
dredging, and on the fourth of October four bids were opened in the
presence of such bidders as were there. On the seventh of October the
contract for dredging was awarded to A. Black, Esquire, he being the
lowest bidder, for the sum of thirty-four cents per cubic yard, who
thereupon executed the contract, gave good and sufficient bonds, in the
sum of ten thousand dollars, for the faithful performance of the work,
and entered upon its discharge, since which time one hundred and
three thousand seven hundred cubic yards have been dredged, at a cost
of thirty-five thousand two hundred and fifty-eight dollars, the whole
amount paid for dredging since the last biennial report being one hun-
dred and fifteen thousand threre hundred and fifty-eight dollars.

In this connection the Board would respectfully call your Excellency's
attention to the exorbitant prices which they have been heretofore com-
pelled to pay for this kind of work, and feel that they cannot do so more
forcibly than by adopting the language used by our predecessors on page
six of the last report, which is as follows:

"The business in this harbor has hitherto been a practical monopoly.
In all instances where any considerable amount of dredging has been
required the Board have solicited proposals theiefor by public advertise-
ment. The number of bidders has never exceeded two,'has seldom been
but one, and the minimum price has been fifty cents per cubic yard.
From careful estimates of actual cost by the Engineer of the sea wall,
the Board are satisfied that the work can be done at a much smaller
price and yield a fair profit. Undoubtedly the true policy of the State,
under all oi'dinary circumstances, is to open all public work to private
competition. But in this instance there is really no competition,
and duty requires her to protect herself against exorbitant rates.
They therefore recommend that authority be conferred upon them
by legislative enactment to purchase or construct, as they may deem
best, a dredging machine, together with a steam tug, necessary scows,
and such other apparatus as may be required to perform their dredg-
ing. If this authority be discretionary it will probably have the effect
to reduce prices to the basis of a fair profit; if it does not, the Board
have no hesitation in saving that the State ownership of a machine will
more than paj^ its cost during the coming vear."

We may also state that we learn from the annual report of the De-

partment of Docks of New York, for the year ending April thirtieth,
eighteen hundred and seventy-one, that the price paid for dredging in
the harbor of New York is twent}' cents per cubic yard, in curret)cy.
We also learn from this report that the cost of dredging machines in
New York is about twentj'-five thousand dollars (currency), and scows,
four thousand two hundred and fifty dollars (currency).

NEW WHARVES.

On the twelfth of February, eighteen hundred and seventy, the
Commissioners advertised for sealed proposals to supply materials and
construct a wharf along the water front on the eastern half of East
Street, from the south side uf Commercial Street Wharf to the north
side of Market Street Wharf, an average length of one hundred and
eighty-eight feet; and from the south side of Market Street Wharf to
the north side of LaRue's Wharf, an average length of ninety-four feet;
and from the south side of LaRue's Wharf to the north side •of M.ission
Street Wharf, an average length of three hundred and ninety-one feet;
making in all a total distance of six hundred and thirty-seven feet. On
the twenty-third of the same month the bids were opened in the pres-
ence of the respective bidders, and on the twenty-eighth the contract
was awarded to John Swett, Esq., he agreeing to do the work for twelve
thousand five hundred and twelve dollars and fifty cents; the lowest bid
made; and on the thirtj^-first of March succeeding, Swett executed the
contract therefor, giving good and sufficient bond in the sum of five
thousand dollars, for the faithful perforaiance of said work, and on the
thirtieth of April following completed the same, in accordance with the
plans and specifications, and was paid.

On the twenty-seventh of August, eighteen hundred and seventy, the
Commissioners advertised for sealed proposals to furnish materials and
build a wharf along the water front, on the eastern half of East Street,
from the south side of Mission Street Wharf to the north side of How-
ard Street Wharf, a length of five hundred and fifty feet. On the eighth
of September the bids were opened in the presence of the respective
bidders, and on the thirteenth the contract awarded to W. H. Martin &
Company, for twelve thousand two hundred dollars, they being the low-
est bidders ; bond given in the sum of five thousand dollars for the
faithful performance of the Avork, and on the eighteenth of October
following the work was completed and paid for.

On the expiration of the leases to Messrs. Sage and Edwards, of a
portion of Front Street, and to Messrs. Green and Searles, of Battery
and Greenwich Street Wharves, the Commissioners being convinced that
the rents received were below the value of the property occupied by the
respective parties, demanded an advance on same. Messrs. Green and
Searles submitted to an agreed amount, while Messrs. Sage and Edwards
refused to concede to any terms submitted by the Board. The Commis-
sioners believing it would be remunerative, and beneficial to commerce
and the State, that a wharf be constructed thereat, on the fourth of
November, eighteen hundred and seventy, advertised for sealed propo-
sals to supply materials and build a wharf along the water front, from a
point commencing .at the northerly line of Union Street, extending
thence northerly to the northern line of Greenwich Street ; thence west-
erly along the northern line of Greenwich Street to the westerly side of
Battery Street, a distance of one thousand two hundred and twelve feet
six inches from the point of beginning; thence southerly along Battery

Street a distance of two hundred and thirtj^-three feet. On the fifteenth
of the same month the bids were opened in the presence of the respective
bidders, and the contract for the work, on the twenty-fifth, awarded to
W. H. Martin and Company, for the sum of twenty-two thousand seven
hundred and fifty dollars, that being the lowest bid. On the second and
ninth days of February two suits were commenced in the Twelfth Dis-
trict Court; the first by John Cowell, and the latter by Nicholas Luning
et al., to enjoin the contractors from proceeding with the work. Both
of these injunctions, upon argument, were dissolved by the Court, except
as to that portion of the work contracted for inside of the red line of
eighteen hundred and fifty-one, from which judgment thn plaintiffs
appealed. In consequence of the Court sustaining so much of the
above injunction as applied to work on the inside of the red line, the
Commissioners required the contractors to make reduction froni the
price originally agreed upon for the whole, in an amount proportioned
to the work enjoined, which was done, and a deduction of three thou-
sand eigh^ hundred and thirty-eight dollars and twelve cents accord-
ingly made.

Subsequently it was found necessary, by reason of the incomplete
condition in which the work was left, and of the incorrectness of the
soundings made in eighteen hundred and sixty-six, to brace and other-
wise strengthen the structure, thus increasing its cost to twenty-two
thousand two hundred and thirty-one dollars and fifty-three cents,
which amount was fully paid.

PRE8EKVATI0N OF PILES FROM THE RAVAGES OF THE TEREDO NAVALES.

From the terrible ravages made by the teredo navales, or ship-worm,
on the piles heretofore used in the construction of wharves, necessitat-
ing their renewal at least every three or four years, incurring a heavy
outlay and much inconvenience, the Commissioners having carefully
inspected piles on which their predecessors and others had experi-
mented by subjecting them to the Eobbins wood preserving process,
and finding that the piles so treated showed no sign of decay or of
having suft'ered from the ship-worm, on the twentieth of September,
eighteen hundred and seventy, the Commissioners directed their Secre-
tary to authorize the Pacific Wood Preserving Company to subject the
piles proposed to be used in the superstructure on ttmt portion of the
sea wall between Mission and Howard Street Wharves, to their process
for preservation of wood. Subsequently, the Board desiring to satisfy
themselves fully as to the thoroughness of the treatment, instructed
their engineer to make an examination of the piles subjected to the pro-
cess. This he did by boring with a small augur to the heart of the pile,
preserving the chips produced by such boring, and having the same sub-
jected to a chemical anal.ysis at the hand of Ezra S. Carr, Professor of
Chemistry in the State University. A detailed account of Professor
Carr's analysis is given in the following letter:

University of California, )

Oakland, Nov. 5th, 1871. )
T. J. Ai-vokl, Esq. :

Dear Sir: 1 have carefully examined the specimens of wood you sent
me, which have been subjected to the Robbins process, with the follow-
ing result :

1st. A large portion of the soluble niti'Ogeneous (albuminous) matter
has been removed, thus diminishing the natural tendency of the wood
to deca}', and facilitating the penetration of the vapors from the coal tar.

2d. The coul tar vapors have penetrated from one to three and a half
inches from the surface, their presence being decidedly indicated in some
instances at the latter depth. The well known preservative character
of these vapors, and the repugnance of that scourge of our harbors, the
teredo, to them, indicate the value of the process when faithfully con-
ducted.

Eespectfully yours,

(Signed) EZRA S. CARR.

It is yet too soon to form a positive opinion as to the value of the pro-
cess, but the Board is encouraged to hope for the most favorable results.

The Board has been much embarrassed in the discharge of their duties
bj' the anomalous condition of portions of the water front. Individuals
owning lots on the water front covered by water, have constructed
thereat wharves and docks and claimed the right to receive and ship
goods over the same, and collect dockage from vessels.

It appears to the Commissioners that it was clearly the intention of the
law to place the entire water front under the control of this Board ; but
this intention is not so clearly expressed in the law creating the Board
as to place the matter beyond question, and parties have availed them-
selves of the fact to dispute the authority of the Board in some instances.
Should such a construction be placed upon the law by the Courts as is
contended for by interested parties, the action of the Board would not
only be greatly embarrassed, but the interest of the State would be seri-
ouslj' effected. In this connection we call your Excellency's attention to
an Act to provide for an open canal through Channel Street, in the City
and County of San Francisco, more particularly to the proviso in said
Act, which reads as follows: ^-provided, that nothing in this Act shall be
construed as conferring any right or power on any person whatever to
demand or collect tolls or wharfage."

Property owners in possession of lots along the line of said canal are
daily receiving and shipping a large amount of merchandise, and owing
to the interpretation of said proviso, but in violation of the Act organ-
izing this Board, are collecting dockage, wharfage and tolls, as they
assert, for the use of their property on the line of said canal, and deny-
ing the authority of the Board to interfere with them.

We would therefore respectfully suggest that such legislative action
be had as would remove all doubts and ambiguity on this subject, placing
the entire water fi-ont under the control of the Board.

TRANS-CONTINENTAL RAILROAD.

The building of a railroad across the continent, which has been com-
pleted since the last biennial report was submitted, has necessarily de-
creased the revenue before that time received by this Board. Large
quantities of freight, for which there were originally no facilities for
transportation save by water, are daily deposited by the various rail-
roads terminating there, and a deficiency in the receipts of the water
front, in proportion to the quantity of freight thus brought by the rail-
roads, has been consequently experienced.

This falling off of freight hitherto landed has lessened the value of

leasehold property along the line of the water front, and necessitated a
corresponding reduction in the rents hitherto charged

The Commissioners are in peaceable possession of all the wharves
along the city Iront, except that portion between Third and Fourth
Streets, along the line of the canal through Channel Street.

They have not made any new leases for a term of years, being satis-
fied that it is not for the interest of the State so to do. Wharves in
the hands of private parties compete with those under the control of
the Board, and if profitable to the lessees must divert a part of the
revenue from its legitimate purpose. Besides, owing to the great falling
off in the revenue of the water front, it has become apparent that the
bulkhead or sea wall cannot be constructed within any reasonable time
from the proceeds of the water front, as contemplated by the present
laws. This fact, it is believed, will induce the Legislature to devise some
other plan to provide the funds necessary to insure its early completion.
The Board therefore deem it advisable to keep the wharves, dock, etc.,
as far as practicable under their immediate control, so that the Legisla-
ture may not be embari'assed in their action.

In December last the Board adopted important changes in the rates
of dockage, wharfage and tolls. Owing to the fact that in the old
schedule tolls were levied, not upon the goods themselves, but upon the
vehicles in which they were moved, the rate of tolls were not only uncer-
tain, but in many instances very unequal, while the dockage charged
upon vessels was considered oppressive. The schedule adopted by the
Board, as will be seen by comparison with the former rates, reduced the
dockage upon vessels from twenty to twenty-five per cent., and made the
tolls chargeable upon the merchandise per ton, at a lower rate than pre-
viously established. The schedule also discriminates in favor of a few
articles of home production.

At the time these reductions were made, the Board were of opinion
that they bad no power under the law to make greater changes. They
are satisfied, however, that in time a further reduction will be desirable,
and the power of the Board should be extended so as to authorize said
I'eduction, when compatible with the interests of commerce.

Id conclusion, the Commissioners would respectfully call your atten-
tion to the accompanying reports of Mr T. J. Arnold, Engineer, and the
Hon. Thomas P. Ryan, special counsel of the Board; also, the annexed
financial statement, exhibiting a full report of the receipts and disburse-
ments of this oflSce from the date of the last biennial report to July first,
eighteen hundred and seventy-one.

Eespectfully submitted,

JOHN J. MARKS,
JASPER O'FARRELL,
WASHINGTON BARTLETT.

TABULAR STATEMENT.

RP]CEIPTS
From November Zd, 1869, to July \st, 1871.

Front Street Wharf (north of Union)

Vallejo Street Wharf.

Pacific Street Wharf

Jackson Street Wharf

Washington Street Wharf

Clay Street Wharf

Commercial Street Wharf.

Market Street Wharf.

LaRue's Wharf.

Mission Street Wharf

Howard Street Wharf

p]ast Street (Mission to Folsom)

East Street (Market to Mission)

East Street (Mission to Folsom)

Spear and Brj^ant Streets

Pacific Mail Steamship Company

Dry Dock Company (Union Lumber Association).

Mai n Street W harf.

Front Street (portion of)

Stuart Street (portion of)

Broadway Wharf.

Vallejo Street Wharf (Davis to Front)

Battery and Greenwich Streets

North Point Wharf

Second and Berry Streets

Western Pacific Railroad Company ,

Front Street Wharf (portion of)

Alameda Ferry Companj^

Montgomery and Francisco Streets

Davis Street (portion of)

Merchants' Drj- Dock

East Street (Market to Pacific)

Folsom Street Wharf

Channel Street

Total revenue from wharves.

SAN FRANCISCO HARBOR PROTECTION FUND.

Amount drawn by Commissioners, as per Orders Nos. 26 to
33, inclusive

Carried forward

$543 75

38.434 19

32,599 65

13,735 45

10,738 00

16,158 95

13,881 47

20,764 20

16,525 65

23,605 85

19,485 00

2,981 63

1,728 26

15,864 54

9,030 00

26,000 00

5,700 00

2.100 00

1,540 00

1,900 00

25,000 00

5,700 00

3,450 00

10,800 00

4,000 00

16,100 00

22,000 00

2,000 00

2,825 00

340 00

1,500 00

7,750 00

31,250 00

535 00

$401,566 59

165,892 70

$567,459 29

Receipts — Continaed.

Brought forward

STATE WHARF AND DOCK FUND.

Amount drawn by Commissioners, as per Orders Nos. 54 to
73, inclusive

SAN FRANCISCO HARBOR PROTECTION FUND.

Amount of loss on Legal Tenders sold by State Controller
as per Act of the Legislature, approved January 25th,
1870

Total

$567,469 29

172,217 3ti

8,475 00

$748,151 65

DISB UKSEMENTS
From November Bd, 1869, to July Ut, 1871.

URGENT REPAIRS.

Amount disbursed for repairs on various wharves, demanded
by immediate necessity

CLEANING WHARVES.

Amount paid, salaries of sweepers and hauling rubbish from
wliarves

DREDGING ACCOUNT.

Amount paid for dredging, as per sundry contracts

EXPENSE ACCOUNT.

Amount paid for rent of office, books and stationery, print-
ing and advertising, etc

CURRENT EXPENSES OF WEIARVES.

Amount paid salaries of Wharfingers and Collectors

EXPENSES OF WHARVES.

Amount of loss on Legal Tenders sold by the State Con-
troller, as per Act of the Legislature, approved January
25th, 1870

LEGAL COUNSEL.

Amount paid salary of counsel to Board

SALARY ACCOUNT.

Amount paid salaries of Commissioners and Secretary

LEGAL EXPENSES.

Amount paid expenses in connection with litigation

SEA WALL ACCOUNT.

Amount paid contractors and salary of Engineers

Carried forward

832,378 99

12,210 00

115,358 00

7,697 SO
89,762 50

8,475 00

5,000 00

20,933 33

196 75

172,559 35

$333,579 93

Disbursements — Continued.

Brough t forward

CONSTRUCTION ACCOUNT.

Amount paid for building new wharves

HARBOR PROTECTION FUND.

Amount remitted to State Treasurer

STATE WHARF AND DOCK FUND.

Amount remitted to State Treasurer

Total

$33C,579 98

56,859 36

48,:'.24 39

228,19(5 18

$748,151 05

HATES OF DOCKAGE, WHARFAGE AND TOLLS FOR THE
PORT OF SAN FRANCISCO.

Established hy the Board of Slate Harbor Commusioners, December \st, 1870.

DOCKAGE.

Vessels under 10 tons, per day

Vessels 10 tons and under 25 tons, per day

Vessels 25 tons and under 50 tons, per day

Vessels 50 tons and under 75 tons, per day

Vessels 75 tons and under 100 tons, per day

Vessels 100 tons and under 150 tons, per day

Vessels 150 tons and under 200 tons, per day

Vessels 200 tons and under 250 tons, per day

Vessels 250 tons and under 300 tons, per daj-

Vessels 300 tons and under 400 tons, per day

Vessels 400 tons and under 500 tons, per day

Vessels 500 tons and under 600 tons, per day ,

Vessels 600 tons and under 700 tons, per day

Vessels 700 tons and under 800 tons, per day

Vessels 800 tons and under 900 tons, per daj"-

Vessels 900 tons and under 1,000 tons, per day

Vessels 1,000 tons and under 1,100 tons, per day

Vessels 1,100 tons and under 1,200 tons, per day

Vessels 1,200 tons and under 1,300 tons, per day

Vessels 1,300 tons and under 1,400 tons, per daj'

Vessels 1,400 tons and under 1,500 tons, per day

Vessels 1,500 tons and under 1,600 tons, per day

Vessels 1,600 tons and utider 1,700 tons, per day

Vessels 1,700 tons and under 1,800 tons, per day

Vessels 1,800 tons and under 1,900 tons, per day ;

Vessels 1,900 tons and under 2,000 tons, per day

Vessels 2,000 tons and under 2,200 tons, per day

Vessels 2,200 tons and under 2,500 tons, per day

Vessels 2,500 tons and over, in proportion.
Vessels loadin<^ and ballasting, half the above rates.
Vessels. in outside berths or slips, loading or discharging cargo,
half rates of dockage.

00
50
50
00
00

6 00

8 00

10 00

12 00

14 00

16 00

17 00
19 00

21 00

22 00

23 00
25 00
27 00
29 00
81 00
33 00
35 00
37 00
39 00
42 00
45 00
47 00
50 00

TOLLS.

Vehicles drawn by one or more animals

Loads, when in excess of two tons, 12J cents additional
for each ton or part thereof, except grain, flour, pota-
toes and other vegetables, when in excess of two tons,
10 cents additional for each ton or part thereof.

Loads of lumber, when hauled on the wharves, of 2,000
feet or less

Loads, when in excess of 2,000 feet, 10 cents additional
for each 1,000 feet or part thereof.

Extra vehicles

Cattle or horses for transportation

Sheep or hogs

Handcarts

25 cents each

25 cents

10 cents

3 cents

10 cents

each
each
each
each

WHARFAGE.

The following articles, when landed upon the wharf and remaining
for a period not exceeding one week, shall pay wharfage as follows:

Wood, per cord ,

Lumber, per thousand foet

Bricks, per thousand

Coal, per ton ,

Stone, iron and general merchandise, per ton

25 cents
20 cents
20 cents
20 cents
12i cents

Hay, when landed on any wharf, and remaining there for a period not
exceeding forty-eight hours, shall pay wharfage at the rate of twenty
cents per ton. and the same rate for every additional twenty-four hours
or fractional part thereof.

Lumber re-shipped from the wharves into lighters or other vessels
shall pay ten cents per thousand feet.

Lumber loaded into or discharged from vessels lying in a slip or upon
the waterfront shall pay ten cents per thousand feet

All goods landed upon the wharf and taken from thence in lighters or
other vessels shall pay twelve and one-half cents per ton wharfage.

All goods received or discharged by vessels lying along side of the
wharf, or in slips, from or into lighters or other vessels, shall pay ten
cents per ton wharfage.

RULES AND REGULATIONS.

Dockage to commence upon vessels making fast to the wharf, and to
conclude when she hauls out — the days of hauling in and out to be
counted as one day. No allowance to be made for Sundays, holidays,
ballast days or rainy days.

Vessels shall rig in jib, flying-jib and spanker booms, when required
by the wharfinger, and shall also haul or change berths at their own
expense, by his direction.

No merchandise will bo allowed to remain upon the wharf over night
without permiasion of the wharfinger, and then only at the risk of the
owner.

All goods remaining on the wharf after the owner or consignee has
been notified to remove the same, will be removed by the wharfinger at
the expense of the owner.

All goods, wares and merchandise shall be charged by weight or meas-
urement, according to custom. Two thousand pounds shall constitute a
ton, except coal, iron and stone.

No load exceeding five tons shall bo admitted on or off the wharves,
except single packages

Parties holding portions of the water front under lease from the Board
of State Harbor Commissioners are obligated to charge and collect the
above rates.

REPORT OF THOS. J. ARNOLD,

ENOINEER OF SEA A^^ALL.

HEI^ORT.

Engineer's Office, ^

Board of State Harbor Commissioners, I

San Francisco, July 8th, 1871. )

To the Bons. John J. Marks, Jasper 0' Farrell and Washington Bartlett,

State Harbor Commissioners :

G-entlemen : It becomes my duty at this time to submit to you a
report of the work that has been accomplished on the water front of
this city during the period I have had the honor of being Engineer of
the sea wall, and to inform you of the condition and requii-ements of so
much of that work as you have committed to my charge.

At the time I was appointed Engineer (May seventeenth, eighteen
hundred and seventy), Mr. J. P. Pierce, under a contract with your hon-
orable Board, dated May sixth, eighteen hundi-ed and sixty-nine, was
engaged in the construction of a section of the sea wall embankment
between Mission and Howard Streets. Mr. Pierce's contract was com-
pleted and his work accepted August nineteenth, eighteen hundred and
seventy, since which date, owing to the exhaustion of the fund appro-
priated for that purpose, all work on the sea wall has been suspended.

The total length of embankment authorized by statute to be con-
structed is eight thousand three hundred and thirty-seven feet; of this
amount, three thousand two hundred and fifty-two feet having been
completed, there remains a length of five thousand and eighty-five feet
yet to be constructed.

During the past year I have devoted much time to the careful study of
the practical workings of the plan adopted by the Board for the improve-
ment of the water front, and although sufficient time has not elapsed to
set at rest all questions of detail connected with its execution, I am con-
vinced beyond a doubt of its entire success, and am prepared to indorse
fully the following statement made by the Board of State Harbor Com-
missioners in their biennial report for the two years ending November
thii'd, eighteen hundred and sixty-nine :

" More than two years have elapsed since its execution was com-
menced, and the Board have now the satisfaction of saying that, modi-
fied by an abandonment of so much of it as pertains to superstructure,

it has justified their most sanguine expectations, and in their judgment
has proved a complete success. A wall of loose rock, impervious to the
action of either air or water, made solid by constant settling and pack-
ing (for it is almost conclusive, from experiments, that the embankment
forces itself vertically through the mud to solid earth), seventy-five feet
wide at the bottom and half that width at the top, protected from all
inward pressure, at a depth of twenty feet below mean low tide, by a
mass of earth reaching a mile or more beyond the wall, is, in the opinion
of the Board, as substantial a structure as is required. No portion of
the wall has moved a hair from its original base, and it seems as perma-
nent a barrier against either inside or outside pressure as solid masonry
would be."

The slight settlement of the embankment which has occurred during
the last year (from one to three inches), is due to the mass of material
becoming more dense and compact, and will continue, possibly, for a
considerable length of time.

I have not been able to discover any lateral movement of the embank-
ment.

NEW WHARVES.

A new wharf, seventy-five feet wide, has been constructed along East
Street, from the southerly line of Mission Street to the northerly line of
Howard Street, a distance of five hundred and fifty feet. The piles used
in this structure were subjected to the Robbins preserving process, the
value of which treatment as a protection against the attacks of the ship
worm having, it is believed, been fully established. The wharf is, in all
respects, a substantial and first class structure.

Another new wharf, fifty feet wide and one thousand one hundred and
thirty-seven and a half feet long, has been built along the water front,
extending from the northerly line of Union Street to the northerly line
of Greenwich Street, and thence westerly to a point seventy-five feet
easterly of the westerly line of Battery Street.

In consideration of the fact that the sea wall will probably be con-
structed at an early day, over the ground occupied by this last named
wharf, it was deemed unadvisable to incur the expense of preserving
the piles, and in other respects the work was done at the smallest possi-
ble expense to the State. Should the building of the sea wall by any
cause be delayed, it will be necessary to widen the wharf to seventy-five
feet to accommodate the business which the locality is attracting to it,

URGENT REPAIRS.

Owing to the age and faulty construction of some of the wharves
originally built by private parties, but now under the control of the
Board, the expenditures for urgent repairs have been unexpectedly
large. It has been found necessary to raise, and in part rc-build, por-
tions of LaRue's and Pacific Street Wharves, and to substitute new
plank and new timbers in several of the older ones. In making these
repairs, under your instructions, the strictest economy has been observed.
Before the ensuing winter, however, it will be found indispensable to
renew the superstructure of Clay Street Wharf and parts of LaRue's,
Pacific, Jackson and Commercial Street Wharves. A number of. new
piles will also be required at the above named wharves.

DREDGING.

During the past twelve months two slips and two berths have been
partially dredged out, viz : the slip between LaRue's and Mission Street
Wharves, that between Jackson and Clay Streets, and two berths at
Vallejo Street Wharf.

The price now paid for dredging is thirty-four cents per cubic yard;
being a reduction of sixteen cents per cubic yard from prices previously
paid for similar work.

The large amount of mud which has collected in the slips and along
the wharves will soon have to be removed to render them accessible to
shipping, and the expenditure for this purpose during the ensuing j^ear
must be very considerable. Dredging affords onl}' temporary relief, and
unless some means can be devised to prevent the rapid accumulation of
sediment adjacent to the city front, it will be necessary hereafter to
reserve a large fund to keep the wharves open to shippin .

The gravity of the evil demands serious consideration.

The primary cause of the deposit of mud at the points above named
is, without doubt, the configuration of the water front as fixed by the
Act of eighteen hundred and fifty-one, by which it is made to conform
to the lines of certain streets, some of which form right angles with the
general direction of the tidal currents. The controlling idea evidently
was to locate the water front solely with reference to street lines. As
now established, it is in complete harmony with the system of streets,
but as improvements are made upon it the flow of the water is diverted
from its course into the angles, the current is checked and a large pro-
portion of the sediment and mud held in suspension is deposited. On
the exposed angles, and at the ends of the wharves where the tide has
uninterrupted sweep, we find deep water, while at the inner angles it is
only by dredging repeatedlj^ that sufficient water can be obtained to
float a vessel of ordinary draught.

The wharves, as now located and constructed, also impede the flow of
the water, and contribute largely to this result. They are built upon
arbitrary lines, without regard to the direction of the currents ; the sup-
porting piles are placed ten feet apart, and crossing the current diago-
nally, as some of them do, they present a serious obstruction to the flow;-
of the water.

It was expected that the sea wall would prevent the encroach mewt ©f'
mud from the vshore. and relieve the harbor from the inroads v/hjeh
threatened to impair its capacity and usefulness. That it will, when
completed, bean effectual barrier against the intrusion of mud from that
source there can be no doubt, but the great mud flats extending; north
and south of the city, and the vast amount of sediment constantly being
discharged into the bay will continue to yield a full supply of Tnaterial
to the "traps" along the water front, and furnish unceasing "work for
the dredger.

The first, and perhaps only complete remedy that suggests ilseM, is to
modify the line of the water front so that it shall conform to the geBeral
direction of the currents of the bay. The exact location of the aew line
could only be determined by a careful survey, but it is evident, that it
would not be changed materially along that portion of the water front
between Pacific and Howard Streets, where the sea wall has been com-
pleted. It should be changed, however, between Vallejo and Union
Streets, and the amount paid for constructing that portion of the sea
wall, sixty-seven thousand dollars, would be lost to the State,

The above remarks are the result of careful observation, and are sub-
mitted to your honorable Board from a purely engineering stand-point.
Of the legal difficulties that may be encountered in an}' attempt to
change the water front; of the effect of such action on proprietary
rights, and of its policy as a public measure, I do not venture to express
an opinion, but I do desire to state my conviction that, in fixing the line
of the water front where it is now located, a serious blunder was com-
mitted, and that so long as the error remains uncorrected the dredging
of the slips will be a burdensome tax upon commerce and upon the peo-
ple of the State.

If from any cause the error is found to be irremediable, the question
as to tiie best method of mitigating the evil will demand serious consid-
eration.

An Act of the Legislature, passed March fifth, eighteen hundred and
sixty-four, requires that all wharves thereafter to be constructed should
be built upon the extension of the streets terminating on the water
front, and that they should not extend more than six hundred feet into
the bay. The streets south of Market Street are five hundred and fifty
feet apart, and in order to obtain sufficient accommodation for shipping,
and for other reasons, the wharves on Market, Mission and Howard
Streets are six hundred feet long. The mud is deposited from the sea
wall to the extreme end of these wharves, and accordingly in each slip
there is an area of six hundred by five hundred and fifty feet that
requires dredging. If these wharves were reduced in length to three
hundred feet, and a new wharf of the same length were built in the
center of each slip, the same accommodation for shipping would be
obtained and the area to be dredged would be reduced just one-half.
The amount of dredging could be further reduced by constructing the
wharves on a different plan fi'om that now in use. They should be
located upon lines running either in the same direction or at right angles
to the general course of the currents. In the latter case, when practi-
cable, they should start from the outer angles of the water front, and
the superstructure should rest upon pile piers, placed thirty feet apart.
The necessary strength could be obtained by means of trussed beams,
and the amount of surface exposed to the water would be greatly
reduced.

I would respectfully suggest that the Board apply for the necessary
legislation to enable them to construct wharves at such points and upon
such lines as in their judgment the interests of the harbor and the
requirements of commerce may demand.

The following is a summary of the amounts expended during the last
fourteen months for the several items above enumerated :

For completing section of sea wall, including amounts pre-
viously reserved

Wharf on East Street, between Mission and Howard Streets.
Wharf on water front, between Union and Battery Streets..,

Urge n t repairs

Dredging

Total

^68,011 84
14,001 00
22,231 53
20,864 92
6S,793 00

$193,902 29

Before closing; this report 1 desire to acknowledge my indebtedness to
Commissioner O'Furrell for many valuable hints and suggestions drawn
from his long experience as a Civil Engineer, and to Commissioners
Marks and Bartlett, for the uniform courtesy and support they have
extended to me in the discharge of my official duties.

Kespectfully submitted,

T. J. ARNOLD,

Engineer Sea Wall.

REPORT OF THOMAS P. RYAN,

SPECIAL COUNSEL.

KEI^OKT.

San Francisco, July, 1871.
To the Board of State Harbor Commissioners :

Gentlemen : Since the last biennial report the following new suits
have been commenced, viz: John Cowell vs. W. H. Martin et al., in the
Twelfth District Court, in and for the City and County of San Francisco.

This was an action brought to enjoin defendants, contractors under
the Board of State Harbor Commissioners, from driving piles along the
water front of the harbor of said city and county, in front of the prop-
erty claimed by plaintiff.

And also the suit of Nicholas Luning et al. vs. W. H. Martin et al.,
contractors under the Board, in the Twelfth District Court, which was
a suit of the same nature as the preceding one.

Upon argument the injunction in each of these cases was virtually
dissolved, the Court so far modifying them as to permit the said con-
tractors (defendants in each of the above entitled actions) to complete
the work along said water front outside the red line of eighteen hun-
dred and fifty-one.

From the order modifying the injunction in each of the above entitled
cases the plaintiffs therein respectively have appealed to the Supreme
Court, and said appeals are still undetermined.

In the case of The People of the State of California vs. John G.
Klumpke et al., in the Supreme Court, in which the judgment of the
Court below in favor of The People was aflEirmed, upon petition of
defendants a reheai'ing was granted, the case was reargued and a new
trial ordered.

In the case of Adolph Weber vs. The Board of State Harbor Commis-
sioners et al.. in the Circuit Court of the United States, in relation to
property on the water front, between Market and Commercial Streets,
in this city, judgment was rendered in favor of defendants in said Circuit
Court, from which judgment plaintiffs appealed to the Supreme Court of
the United States. The briefs of counsel on both sides have been for-
warded to Washington, and a decision aflBrming the decree of the said
Circuit Court is confidently expected at an early day.

In the cases of The People vs. Steamers Moses Taylor and America,

two actions similar in character, began and prosecuted with success in
the State Courts, and appealed thence to the Supreme Court of the
United States by defendant, the appeals have since been dismissed.

Within the last few days James D. Walker has commenced suit in the
Circuit Court of the United States vs. The Board of State Harboi- Com-
missioners, to recover the possession of certain water front property,
two hundred and twelve and a half by two hundred and seventy-five feet,
in the vicinity of Francisco and Montgomery Streets, and five thousand
dollars damages for the detention of the same.

Having nothing further to communicate,

1 am, very respectfully, yours, etc.,

THOMAS P. EYAN,

Special Counsel.

REPORT

Commissioners of Fisheries

STATE OF CALIFOENIA,

THE YEARS 1870 AND 18 71.

T. A. SPRINGER STATE PRINTER.

HEFOHT.

To His Excellency, H. H. Haight, Governor of California:

The Commissioners of Fisheries for the State of California, apjiointed
under an Act of the Legislature, entitled ''An Act to provide for the
restoration and preservation of fish in the waters of this State,"
approved April second, eighteen hundred and seventy, respectfully
submit their first biennial report.

H E P O H T

California has a seacoast extending through ton degrees of h^titude,
and a shore line of nearlj' eight humlred miles. The Coast I^ange of
mountains, which adjoins the coast line for the greater part of this dis-
tance, creates h}' its western watershed nearly one hundred streams and
rivers emptying into the Pacific Ocean. These streams and rivers vary
from twenty to sixty miles in length. The drainage of the western
slope of the Sierra Nevada, through seven degrees of latitude, forms
several hundred streams, whose united waters make the Sacramento and
San Joaquin Itivers — the first navigahle for a distance of one hundred
and eighty miles, and the last navigable one hundred miles from the
ocean. The waters from the eastern slope of the Sierra Nevada flow" into
brackish and salt lakes, in the State of Nevada, having no outlet into
the ocean. Pyramid, the largest of these lakes, receiving the waters of
the Truckee Eiver, is forty miles long and twenty miles wide. The
inland bays and fresh water lakes of California cover more than six
hundred and fifty square miles — an area half as large as the State of
lihode Island.

These few statistics are given that it may be clearly understood how
extensive is the field over which, under the law, the Eoard is expected
to prevent the wanton destruction of fish and required to compel. the
owners of dams to jiermit the free passage of fish to their native spawn-
ing beds. When it is further understood that the members of the Board
neither receive nor expect compensation for their services other than
the satisfaction of doing something towards the preservation of the fish
now in our waters and adding to the food supply of the people by the
introduction of new vai'ieties, it will be acknowledged that if but a
beginning has been made in this work, at least public attention has been
called to the importance of the subject. If a few men of intelligence,
living on the banks of each bay, river, and lake, will inform themselves
of what has been done in other States and countries for the propagation
and jireservation offish, they will create a public opinion that will cause
the enactment of proper laws and compel their enforcement. The result
will be that after a few years our I'iver fisheries will be largely increased,
giving emjoloyment to a large number of men, and furnishing a cheap
supply of nutritious food to many more people.

FISH WAYS.

The most important means for the preservation of the fish now in our
rivers, is in the oonstruetion of fish Ladders over all dams otherwise
impassahle. Even traps, seines, and spears will not utterly destroy the
fish if some few are permitted to reach their natural spawning beds. It is
the instinct of all anadromoas fish, after leaving the ocean, to seek the
particular stream or rivulet in which they were hatched to deposit their
eggs. To reach the particular spot and the parent bed of gravel they
will make every eftbrt. Vrhere impassable dams have been placed across
streams, the fish will come j'ear after year and leap by the hour to scale
the falls until utterly exhausted. If no means are provided by which
the fish can pass the dam, in three or four years the stream above the
dam will be without fish. A fish ladder is ordinarily so simple and inex-
pensive an aftair that it would seem that men owning dams would, if
informed, construct them without the requirements of a compulsory
statute. A good fish ladder for use on our mountain streams is made in
the form of a long box of plank, open at both ends, four feet wide and
three feet high. One end of the box is fastened at the top of the dam,
the other end is extended to and fastened in the center of the pool below
the dam. In the inside of the box and fastened on its bottom are pieces
of plank about four feet apart, placed transversely, and called '-riilles."
Each rifile is about a foot high. These rifiies do not extend from side to
side of the box, but only about two thirds across. To illustrate: if the
first rifile is fastened on the right side of the box at a right angle to its
side, it will extend thirty inches across the box; the next, four feet above,
will be fastened on the left side of the box and extend thirty inches
across it; and so on, alternately, until the top is reached. The water
passing into the tqp of this box, is caught by these riflles and diverted
right and left by them until it reaches the stream below. The fish com-
ing up the stream to the dam seek and explore every crevice and open-
ing where water is passing. If the lower end of the fish way is placed
near the centre of the pool below the dam, they readily find it, and
immediately enter it. Even if the ladder is placed at so great an angle
as fortj'-five degrees, the fish have no difficulty in passing through it;
they will jump through almost any current a distance of four feet, and
each riffle gives them a resting place behind which they recover for the
next jump. At one dam on a tributary of the Trq£kee a mill owner
consented to put in a fish way, at the earnest solicitation of one of the
Commissioners, and to prevent the expenses of a suit. He said the law
was an infringement of his rights, and when the Legislature passed an
Act to compel him to spend money in such foolish business they should
have appointed a schoolmaster to teach the trout how to use the con-
trivance; he did not believe a fish could be coaxed to go near it. The
next evening after the fish way was placed in position the fish were pass-
ing it every few minutes; the mill owner became a convert to the prac-
tical use of fish ways. He soon tore away the cheajD and temporary
afiair built to complj'^ Avith the law under compulsion, and has erected in
its place a substantial ladder that will last for j'ears. A fish kddcr is
but an artificial imitation of the means by which river fish in their
annual laiigrations pass up rapids. After reaching the foot of a rapid
the fish rest; they will then suddenlj' dart up the stream and seek shelter
in the slack water behind some rock; here, after more rest, as if to recover
strength for the next great exertion, they will dart again and get behind
another rock; and so on, until the rapid*^ is passed. From the descrip-

tlon given of an ordinary fish ladder, it will bo seen that tJiey arc easily
built and that the cost is but a trifle. The average cost of all fish lad-
dors in Maine, including permanent stone structures over manufacturing
dams, does not reach two hundred dollars. Many statistics have been
kept showing the increase of fish as a result from the construction of
fish ladders, especially in Great Britain. As an illustration, I quote
from the report of Charles G. Atkins, Esq., Fish Commissif)ncr of Maine.
In comparing the salmon fisheries of Europe with those of Maine, he
says: "Their fisheries were nearly exhausted through excessive fishing
and the erection of barriers, and by a careful management, including
the construction of fish ways, have been made to yield large returns. I
will instance the river Galway in Ireland. The salmon fisheries of the
Gal way are owned b}' Thomas Ash worth, who came into possession of
them in eighteen hundred and fifty-two. Thc}^ were in an exhausted
condition. Mr. Ashworth had good fish ways built over the dams, of
which there was one at the head of the tide; had fishing restricted and
protection given to the fish on their breeding grounds. What success
attended his oflTorts is shown by the annual catch as exhibited in the fol-
lowing table:

Salmon.

Eighteen hundred and fifty-three.,
Eighteen hundred and fiftj'-four...
Eighteen hundred and fifty-five....

Eighteen hundred and fifty-six

Eighteen hundred and fifty-seven.
Eighteen hundred and fifty-eight..
Eighteen hundred and fifty-nine...

Eighteen hundred and sixty

Eighteen hundred and sixty-one...
Eighteen hundred and sixty-two..
Eighteen hundred and sixty-three
Eighteen hundred and sixtj^-four..

1,603

3,158

5,540

5,371

4,857

9,639

9,249

3,177

11,051

15,431

17,995

20,512

"Thus the produce of this fisherj^ rose in twelve j'ears from, one
thousand six hundred and three to twenty thousand five hundred and
twelve, and this in spite of a dam at the head of the tide, where five
sixths of all the water is used by mills and canals, only the one hundred
and sixtieth part running through the fish way, where all the salmon
must pass; in spite of civilization, in spite of the disappearance of forests
and the cultivation of the land. The fish way through which pass all the
salmon that ascend this river is supplied with water by a gate two feet
square, and through this aperture forty thousand salmon are estimated
to have passed in one year."

The law, so far as it relates to fish ladders, appears to oj)erate satis-
factorily. Thus far all mill owners on the Truckee and its tributaries,
Avhose dams obstruct the passage of fish, have, with one exeej»tion, con-
structed fish w^ays. The Commissioners have furnished many mill
owners with plans for the construction of fish waj's. From our
experience during the past two years, it would seem that as a rule the
mill owners, with but few exceptions, are a body of intelligent m.en, whq

on]}" require to have made clear to them the fiict that the construction
ofti.sh ways does not interfere with their business, while it adds to the
public good, to induce them to place tish ways over their dams.

SALMON.

The salmon is the most important visitor to our rivers. It has appro-
priately been called the "king of fish." The richness of its flesh, its
large size, the certainty of its annual return from the ocean, the rapidity
with which, under favorable conditions, it is multii^lied, ail render it an
important article of human food. It has probably been the chief source
of subsistence to more peoj^le than any other fish. The question as to
whether the number of salmon is gradually decreasing in the Sacra-
mento and San Joaquin Rivers seems ditticult to be answered. Some of
the fishermen contend that it is, and others point to the catch of
eighteen hundred and seventy in proof that it is not. There are no fish
weirs to trap them, and but few dams on the tributaries of tli-^se streams
to prevent them from reaching their spawning beds. The weight of
testimony is on the side of those who believe the quantity to be
decreasing; and the most intelligent of the fishermen are so firmly con-
vinced of the fact that they ask that a law be passed and enforced to
prevent, for a certain period, the catching of fish while they are filled
with ripe spawn. But there is no concurrence as to when this "close
time " should be. The fishermen in one part of the river say it should
be at one time, and the fishermen in other parts say it should be at
others. When the great army is passing by Rio Vista, it would be, in the
opinion of the fishermen of Rio Vista, a proper season for a close time
at Sacramento and Tehama; and when this army has reached Sacra-
mento, it would, in the opinion of the Sacramento fishermen, be a proper
season for a close time at Rio Vista and Tehama. What would be just
to all the fishermen, and give the next generation a chance to eat this
delicious food, would be to prohibit, by strict law, rigidly enforced, the
catching of salmon by any process during twenty-four hours each week;
say, from midnight of Saturday to midnight of Sunday. Probably the
most serious cause for the decrease of salmon in our rivers arises from
mining. It is the most serious, because it cannot be remedied.
Formerly salmon were plenty and largel}" caught by the Indians in
Feather River, in the Yuba, and in the American; but of late years they
have ceased to visit these rivers. It is not because tRe waters of these
rivers are muddy. All migratory fish that seek rivers in which to
deposit their s^jawn, do so in the season wdien the freshets cause the
w^ater to be muddy. They will pass through mudd}^ water, if beyond
they find clear water and clean gravelly bottoms. The gravel beds that
formerly existed in these streams are now covered with a deposit of
mud, washed down from the mines; and on this the eggs of the salmon
will not hatch. Neither will the eggs of the salmon or trout hatch in
water containing any considerable quantity of sediment. A small
quantity of the finest sediment deposited on the egg prevents it from
hatching.

Salmon, after the second year from being hatched, pass the greater
j)art of the time in the ocean; they there find their principal food.
AVhile in fresh water their growth is slow, in salt water they increase
in size and weight with great rapidit . The}^ can only breed in shallow
streams of cool, fresh water, such as they find in the tributaries of our
rivers descending from the mountains. "^To such places the}^ annually

resort; and to reach them, thej' will make the most extraordinary exer-
tions. Sahnon arc caught I'y the Indians in the small streams that
empty into the Sacramento from the sides of Mount Shasta, at an eleva-
tion of more than four thousand foot above the level of the sea; to reach
which they must have passed throug-h at least tifty miles of almost con-
tinuous rapids, liishop Farr stales that salmon are also caught in the
headwaters of Snake Kiver, east of Salt Lake. As Snake JJiver is a
tril)utary of the Columbia, these fish must annually make a journey into
the interior of more than a thousand miles from the ocean.

Some breeding fish enter our rivers during the Summer, but they do
not deposit their eggs until late in the Autunm. During the time they
remain in fresh water they lose in weight, and the quality of their flesh
deteriorates; its color becomes nearly white, and it ceases to be firm.
The great army arrives in our rivers after the first heavy rains. Upon
arriving they seek the brackish water in the vicinit}' of where the salt
and fresh waters meet. Here they remain for several (hxjs, or perhaps
weeks. It is supposed that the brackish water kills the small parasites
which attach to them in the ocean. It is this instinct that retams them
in brackish water that gives to Eio Vista its prominence as a fishing
point.

The salmon, like most other fish, reproduces its kind from oggfi which
are extruded from the female fish in an undeveloped and infecund state.
The male fish performs his office of fecundation after the eggs are in the
water. It is a remarkable fact, that the salmon will return, j^ear after-
year, to deposit its spawn in the particular stream in which it was
hatched. Salmon hatched artificially in Scotland and kept in breeding
ponds, were, for several years, marked before being dismissed to the
ocean; the salmon, thus marked, invariably returned to the stream in
which they passed their infancy, and, so far as is known, these marked
salmon have never been taken in any other river. The pair, having
arrived in their pai'ent stream, find a gravel bed, where the water is
clear and cold. The female burijpws a hole in the gravel, about four
inches deep, and of a diameter nearl}^ equal to her length, then pressing
her body against the upj^er edge of the hole, the eggs are extruded and
fall into this nest. The male, who is in close attendance, extrudes his
milt into the water which flows over these eggs, and they are thus
fecundated. The female immediately busies herself in covering the eggs
wiLh the gravel. This process is again repeated in a few days, as more
eggs become ready for extrusion, until the season's work is over, when,
the fish return, poor and thin, and, after remaining for a short time in
brackish water, leave for unknown places in the ocean, to return the
following season, largely increased in weight. The only condition
requisite for the hatching of the eggs is, that cool pure water, free from
dirt or setliment, shall constantly pass over them. In from ninety to
one hundred and thirty days the young fish are hatched. For the first
twenty or thirty days they require no food, other than the yolk sac
which is attached to them. The young fish remain in the river from
one to two 3'ears before leaving for the ocean. It has been obsei'ved in
Scotland, where the artificial breeding of salmon was first largely prac-
ticed, that of a given quantity of eggs hatched in one season, about one
half the young fish would leave for the ocean the same year, while the
other half would remain until the following season. This has been
found to be the unvarying rule, i^o reason has been assigned why this

migratory instinct should control but about half the j'oung fisl; in the
year in which they were hatched, other than that Providence, Avhile
appareutl}^ not caring for the individual, makes stringent laws for the
preservation of the species.

The preservation of our salmon fisheries is a subject of great impor-
tance. Salmon were formerl}- as abundant in the rivers of New Eng-
land as they are now in California and Oregon; but traps, weirs, pounds,
seines, gill nets, and the erection of dams without fish ladders, at last
nearl}' exterminated them. Now these States are making appropria-
tions for the artificial hatching of these fish, and the rivers are being
successfuU}' restocked.

So much more is known of the habits of the salmon than formerly",
that it is not diflicult to determine what may be done to increase the
number offish, and at the same time increase the quantity that may be
caught. The men who pursue the business of fishing for salmon, appre-
ciate the necessity for their preservation and acknowledge the propriety
of laws requiring a " close time," as well as laws against pounds and
weirs, and laws regulating the size of gill nets. We believe the time
has arrived when the present and future interests of California require
careful and just legislation. We would, therefore, recommend that a
standing committee be appointed in both Houses of the Legislature on
coast and inland fisheries. These committees could visit the fishermen,
and, after learning their views, so amend the present law and frame new
laws as to protect legitimate fishing, and at the same time provide for
an increase of fish in the future.

TROUT.

This fish is found in nearly all of the streams that- discharge into the
Pacific ocean from tbe Coast Eange of mountains and in the greater
number of the mountain streams of the Sierra Nevada. They vary
greatly in size and appearance in diff'er^)t waters and at different seasons,
but so far no variety is exactlj' similar to any of the brook trout of the
New England States. The large brown and silver trout of Lake Tahoe
and the Truckee Eiver are pronounced by Mr. Seth Green — who is con-
sidered to be an authority in such matters — not to be trout, but species
of the sebago or land-locked salmon. These fish make annual migra-
tions from Lake Tahoe to the brackish waters of Pyramid Lake. Many
of the fishermen of Tahoe insist that the so-called silver trout does not
leave the lake, but as they' are occasionally caught in the river, it is
2)robable the}^ also migrate, but perhaps at an earlier or later season.
The habits ol' the trout are similar to those of the salmon. It seeks a
bed of gravel or coarse sand in clear running water, near the head of a
stream, burrows a nest and covers its eggs. Lithe streams of the Coast
liange of mountains the trout spawns in November and December; in
the streams of the Sierra Nevada in March and April. Trout will also
spawn and the eggs will hatch in lakes which are supplied by springs
that rise in the bottoms. In this case they will deposit their eggs among
the gravel where the spring rises, the motion of the water from the
spring having the same effect in bringing the eggs to maturity as the
water in a running brook. It has been observed that there are no trout
in our mountain streams above large falls. The trout will migrate from
one part of a stream to another. If there were ever trout above these
falls they would pass below them in their migrations, and the falls pre-
vent their return. In many places a very little work would create a

piiRsaii'o for the fisli, which would liave the effect of grcat1,y increasing
the nuinbers of this most delicious species. The rei)orts of our assist-
ants, from which we have largely copied, will show how ra})id has hcen
the destruction of the trout in this State. It is to be hoped that the
dissemination of intelligence as to the construction of fish ladders and
the enforcemcTit of the law against trapping and illegal fishing, as well
as the stocking of streams and lakes in which no trout were found, and
the restocking of those from which they have disappeared, will have the
effect to repair the waste that has been committed. It having been
noticed that on many streams on Avhich there were sawmills, the trout
after a few j-cars disappeared, it was supposed that the fioating sawdust
in some manner killed the fish, but as in other streams on which there
had been sawmills for years there were still trout to be found, the Maine
Commissioners devoted much investigation to solve the mj'stery. They
found that trout readily swam among the floating sawdust, and never
seemed to avoid it. At last they ascertained that where the mills were
below the gravel spawning beds of the trout the fish were still plenty,
but where the mills Avei'e above the fish had ceased to be. Wherever
the sawdust had sunk and covered the spawning beds, the trout, after a
few years, had disappeared, for the trout has the same instinct as the
salmon — it returns to spawn in the particular stream in which it was
hatched.

Canada, which is in advance of most of our States in her laws for the
preservation of her fisheries, forbids, under penalties, all sawmills from
running sawdust into the streams. In. a short time it will be requisite
to pass similar laws in this State, for, in addition to the destruction of
trout, the sawdust \vill cover the spaw^ning beds of the salmon as
effectually as the mud from mining has their gravel beds in, the Ameri-
can, Yuba, and Feather l^ivers. On the Truckee Eiver, about five miles
above the Town of Truckee, the Brothers Comer have an establishment
for the artifical hatching Of trout. They have been engaged in this
business for the past three years, and have successfully hatched and
have in their ponds more than half a million offish. Their business is a
success in every resj^ect except financially. There is not in this State,
as yet, a large demand by individuals for the young trout to stock
streams, and the feeding of so large a number of fish kept in small ponds
requires a considerable outlay. The Commissioners have been requested
to expend some portion of the appropriation at their disposal in^ pur-
chasing a part of these young fish to be placed in sti'cams that are now
without trout. It would be an appropriation of money within the spirit
of the law, but there is some doubt as to whether the wording of the
Act authoi'izes this kind of expenditure. Several of the States have
hatching houses in which various kinds of fish valuable for food are
hatched, and distributed to ail who desire to stock lakes and streams.
The destruction of our native fish has not gone so far that a similar plan
is required in California, but we believe it will be found that the drought
of the past two years will have had the effect of materially decreasing
the trout in all the streams. The sand and gravel beds at the heads of
streams where they deposit their spawn must, to a great extent, have
been bared by the receding water before the eggs came to maturity. If
authorized, we will expend a portion of the appropriation in purchasing
3^oung fish to be distributed to restock streams, or to place in streams
and lakes which have no trout in them.

The Comer Brothers procure their eggs for hatching from the fish
caught in the small streams that discharge into Lake Tahoe. Their

plai] of operation is similar to that of oth'cr breeders of trout. Having
caught a number of trout, male and female, at the season when they
commence to go uj) stream, they are kcj^t in a small trap or pound until
the females are found to be ready to deposit their eggs, ^i'his can be
readily told l)y an examination of the fish. The first oi^eration is to pro-
cure a tin jian or other shallow vessel of water, a mala trout is then
taken from the j^ound and his belly i^laced in the water in the pan, a
gentle pressure of the hand will express a few drops of the milt; he is
then returned to the pound; a female trout is then taken, and hy the
same process her eggs are also expressed into the same pan. The water
in the pan is then gently stirred so as to insure all the eggs coming in
contact with the milt. In a few minutes the water containing the milt
is washed away and replaced by pure water. These impregnated eggs
are then placed in the hatching boxes, which are a series of shallow
wooden boxes nearly filled with fine gravel, over which a stream of pure
cool Avater is slowly but constantly passing. A trout yields from five
hundred to four thousand eggs, depending upon its size and age. A
salmon yields an average of a thousand eggs to each pound of its weight.
The eggs are spread upon the gravel, and after the water has continu-
ously passed over them for from forty to eighty da3's, depending upon
its temperature, the young trout make their appearance. They require
no food for the first thirt}^ days, the yolk sack of the egg, which is
attached to them, affording nourishment during this period. After this,
the Messrs. Comer feed them on finely chopped liver until they are suffi-
ciently large to be turned into the ponds, where they are fed upon any
kind of coarse meat or fish, finely chopped. Trout will live and thrive
in water of a temperature between forty and sixty-five degrees. This
is about the only question to be settled by persons who desire to stock
streams with trout. If the water in summer does not get waimier
than sixty-five degrees, the experiment may be tried with every proba-
bility of success. The quality of the water does not seem to be material.
They live and thrive in water that is impregnated with minerals, and in
salt water, and in artesian well water, provided only the temperature is
not too warm. Persons who live near small lakes and streams, now
without fish, and containing water of the proper temperature, could, at
trifling ex^Dense and care, provide themselves with a constant supply of
delicious and healthy food b}" hatching a few eggs, or by turning in a
few of the young fish. Both eggs and young fish are ijjadily transported
almost any distance. Salmon eggs have been taken from Scotland to
Australia and hatched, and the Acclimatization Societ}^ of San Francisco
has successfully imported the eggs of the Eastern brook trout and
hatched them in this State. It has been estimated that an acre of water
can be made to yield as much food as four acres of average land.

SHAD.

Your Commissioners made arrangements with Mr. Seth Green, the
noted i)isciculturist of Eochester, JSew York, for the importation of a
lot of young shad to be turned into the Sacramento Eiver. No shad
proper {alosa prcestabllls) are found in the rivers of the Pacific Coast,
while there are found several varieties of the same family, such
as herrings, anchovies, and sardines. As shad readily enter rivers
while muddy from the spring freshets, and spawn in water of a tem-
perature as high as sixty five degrees, there was reason to hope that if
the shad could be brought here alive and turned into the river they

Avoulil find suitable food, and in time go to the ocean and return to prop-
agate their species. As the shad is ver}^ prolific, each full grown female
yielding from fifty to eighty thousand eggs, and as the flesh is esteemed
to l»e nutritious and valuable food, it was deemed proper to make the
first experiment of importing new varieties with the young of this fish.
The eggs of the shad are hatched in from two to tour days after they
are spawned, therefore, if there Avere no other reason, time alone would
jn'event the importation of the eggs.

Mr. tireen felt so much doubt as to the possibility of transporting the
3-oung fish for so great a distance that he determined to superintend the
ex})eriment in person. lie left Kochester, New York, with an assistant,
on the twentieth of June, with fifteen thousand of the J'oung fish just
hatched, contained in eight tin cans holding about twelve gallons of
water each. The water had to 'be changed at ever}" convenient oppor-
tunity, and as on a part of the journey the weather Avas quite warm,
constant attention hail to be given to prevent the water in the cans from
reaching a higher temperature than eighty degrees. At Chicago he lost
a few fish from a film of oil from the machinery of the waterworks
with which the water attempted to be used was covered. At Omaha
the river water killed a few; the cause of this he had not time to inves-
tigate. The water of Bear liiver (discharging into Salt Lake) and the
M'aters of the Humboldt and Truckee Eivers were found to agree with
them and containing plcnt}' of food. Mr. Green arrived on the twenty-
seventh of June. As it was adviafible to put the young fish in the river
at as high a point as was practicable, for the reason that the instinct of
the shad is, like that of the salmon, to return to spawn at the same place
where it was hatched, the}' were the same day transferred to the cars
of the California and Oregon Eailroad and taken to the Sacramento
Iiiver at Tehama. Here the temperature of the water was found to be
sixty degrees of Fahrenheit. Upon dipping up the river water in a
glass and pouring a lot of the young fish into it, they were found to be
lively and the water to contain large quantities of some minute substance
on which they feed. All the conditions being favorable, the}" were
turned loose in their new home. It is expected they will remain in this
river until about January, b}' which time they will be three or four
inches long; they vrill then go to the ocean, to return the next year
weighing from a pound to a pound and a half, ready to commence the
increase of their kind. Thus far the experiment has been a success.
The water of the river is adapted to them; it contains the proper kind
of food for their young, and the waters of our coast are filled with the
sand flea, a small species of the shrimp, on which the fish feeds after
reaching the salt water. The onl}' thing to be feared is that there may
be in the ocean some kind of fish which may so completely exterminate
them that none will be left to come back and spawn. If after one or
two years even one shad is taken in the river, the result will be satis-
factory, as it will demonstrate the fact that all the conditions are favor-
able to their successful propagation in the waters of our rivers; we could
then at trifling expense fill our waters with this valuable fish. When
first hatched, and in a condition proper to be transported, one freight
car would bring over two million of them. If, after two years, none
should be taken, it would not then be well to abandon the experiment.

The English, year after year, shipped impregnated salmon eggs to
Australia; the eggs hatched, and the young fish in due time went to the
ocean; but for years none were found to return. Some fish — supposed to
be the bonita — destroyed them all. At last, after repeated experiments.

some escaj^ed, and in eighteen hundred and sixty-seven, large fish, re-
turned from the ocean, were taken in the river. Shad were formerly
jjlentifiil in all the rivers emptying into the AtLantic Ocean from Georgia
to the St. Lawrence. They, therefore, frequent warmer waters than the
salmon. Over-fishing, tra))s, i)oiinds, weirs, small meshed seines, and
dams without fishways at last nearly exterminated them. Through the
efforts of the Fish Commissioners of the several Eastern States they are
again becoming plentiful. For a number of years all efforts at the arti-
ficial hatching of the eggs of shad had been failures. It was ascertained
that the fish came into the rivers at about the same time as the salmon,
but that unlike that fish, they did not spawn until the warm Sunnner
months. Their eggs are not placed upon gravel, but float in tiie water.
Schools of them will play about the river for days, when, upon some
sudden impulse, the milk from the male and the spawn from the female
will be exuded into the water, at times, it is said, making the water
cloudy. In from two to four days the eggs hatch, when the young fish
immediately swim for the centre of the river, keeping their heads against
the current. At last Mr. Seth Green, after much jDatient investigation
and numerous experiments, invented a box, the l^ottom of which was
covered Avith fine wire netting. On this wire netting the impi-egnated
eggs were placed; a series of these boxes, fastened together by a rope,
were allowed to float in the current of the river. To the sides of each
box were fastened, at an angle, pieces of board, which, floating in the
water, caused the wire bottom of theibox to be partial!}^ turned against
the current. The effect was that the current, entering through the wire
netting, kept the eggs in constant motion*. All the conditions of nature
were satisfied, and the experiment became a success. Mr. Green obtained
a patent for his invention, which, as it is largel}^ used, is quite valuable.
Within the past four years, under the direction of Fish Commissioners
and bj' aid of small appropriations, more than five hundred million shad
have been artificially hatched in these boxes in the rivers of the Eastern
States north from Virginia. The result of the first and second year's
hatching in the Hudson and Connecticut is becoming manifest; more
fish have been taken this year in those rivers than in any year during
the past twenty. So many fish were caught that the fishermen were
unable to take care of them, and fresh shad were sold in the Xew York
City markets as low as ten cents a shad.

These results, from the experiments of enthusiasts, is increasing almost
without expense the food supply of the people, are worthy the attention
of statesmen. So much attention is now being given to the subject that
Congress has passed a law appointing a Commission to investigate our
river and coast fisheries, learn the habits of the fish, and report as to
what legislation is required to aid in increasing the food supply from
this source.

IMPORTATION OF NEW VARIETIES.

Your Commissioners have it in contemplation to attempt, at the proper
season next year, the importation from the East of white fish from the
great lakes, to be placed in Lake Tahoe; black bass, a superior game
fish, to be placed in some lake to breed and be distributed; eels, to be
put in the Sacramento Kiver; and lobsters, to be deposited in some
appropriate place in the bay of San Francisco. We have also oj^ened a
correspondence with gentlemen in China, with the object of learning
what valuable food-fish can be obtained in that country, and the pro-

cesses of the Chinese, who are saiii to pursue largely the artificial hatch-
ing offish. Fronx the I'ollowing extract from one of the letters received
it will be seen that the Chinese have not yet learned how, artificially, to
impregnate the spawn, but depend upon catching the eggs for hatching
after they have been naturally fecundated. Our corresj)ondent says:

" Eeferring to your letter of May twenty-fifth, inquiring concerning
the manner of breeding fish, we would say that we find the Chinese, at
certain i)oriods of the year, spread their cloths across the river at some
distance above Canton and catch the eggs which are washed down from
the smaller streams and ponds higher iip. These eggs have been already
impregnateil by the male fish at the ])lace in which they are laid, and
when thus caught are placed in ponds, where after a short time they
hatch and are thus raised. There are no breeding ponds near Canton,
and it is said to be impossible to breed fish in ponds on any large scale,
as the eggs are devoured by the male fi.sh after impregnation unless he
be immediately removed, which is impractical where there are any
number. The ponds in which the eggs are placed for hatching must be
running water. We would suggest the plan of sending two or three
men, acquainted with the process of breeding, to California, where they
could experiment on the rivers and lakes, which very much resemble
those in the country where it is at present ^^racticed."

EXTRACTS FROM REPORTS,

Our field is so extensive and there is so much to be done in the way
of investigation preparatory to intelligent legislation on the subject of
inland fisheries, that we deemed it advisable to employ two assistants —
the first, Captain E. Wakeman, to examine and report on the fisheries of
the Bay of 8an Francisco and some of the rivers that discharge their
waters directly into the Pacific Ocean; the other, Mr. George C. Has-
well, to examine and report upon the fisheries of Lake Talioe and the
Truckee River and its tributaries.. The following extracts from their
reports will be found of great interest. Eeferring to the bay fisheries,
Captain Wakeman says:

" Since the date of m}^ commission I have visited with the yacht
' George Steers,' repeatedly, all the fishing grounds that are frequepted
by the Italian and Chinese fishermen in the waters of our bay. The
only Chinese fishing station that I find is located a short distance to the
north of the ' Two Sisters.' Here, on an extensive mud flat, are stakes
or poles set firmly in the ground, and occupying an area of several miles
in extent, from which poles are kept constantly set the nets, which are
taken up at each slack water of the flood and ebb tide. From twelve
(12) to fifteen (15) boats are employed, having (3) three men in each
boat. Shrimps are taken here and cured for the Chinese market by
being boiled in large vats in salt water, then spread out on the cleanly
swept ground and dried in the sun, being raked over frequently during
the day. The scales or skin become separated from the meat and looks
like fiue sawdust. The meat and refuse is then sewn up in the best
quality of bags and placed on board the Chinese junk of about thirty
tons and sent to San Francisco, from whence it is shipped to China.
Scarce any class of fish are taken in these nets but shrimp, and thou-
sands of tons must find their way to China annually. Their nets are
similar to those used by the Italians, with this difference, viz: the middle

of the net, which assiunes the character of a bag, is, with the Chinese,
opened by untying a string, and the whole catch is dropped into th^
boat with ease. The net is then closed again with the string and put
back into the water to remain until next slack. Three of these nets
generally load a large boat, which are all of a large and commodious
class.

"Saucelito Baj^ is constantly used by the Italians, smelt being the
principal fish, with soles, flounders, sardines, and anchovies. In some
cases nothing but crabs are taken, which destroy the nets and irritate
the men so that they are inclined to leave them on the beach to die; but
I have had, in all cases, everything that was not marketable put back
into the water. In fact, crabs are the only fish that are left upon the
beach, all other kinds being taken out of the nets with tin pans, the nets
being in about from one to two feet of Avater. All that part of the
catch that is desired is taken and thrown into the boat without coming
in contact with the sand and dirt, and the small fish are permitted to
remain in the water; nevertheless, large quantities of the 3"0ung fish die
from pressure or other cause arising from the fact that they have been
compressed as it were among so many thousand into the contracted
space of a few feet, and are unable in their most strenuous efforts to
release themselves from their perilous condition.

" They are to be found in large quantities, floating upon the water,
completely drowned. Still a very large number revive, and swim off
again. "Whereas, heretofore, the custom appears to have been to dump
the whole catch upon the beach, and, after picking out all they wanted,
the young were invariably left upon the beach, becoming, in many parts,
a most intolerable niiisance to persons residing in the vicinity. A new
order of things has been inaugurated this year, which is found to work
to the mutual benefit of all parties concerned. Five boats are generally
to be found in different parts of this bay; and fish are taken at all times
of tide, both day and night. Two boats are generally employed between
the bay and the Golden Gate. They cast on both shores, north and
south, for the same kind of fish; and also in Kasha w's Harbor, two and
sometimes three boats are found both night and day, at all times of the
tide. Dui'ing the night fires are made upon the beach, and frequently
these fires can be seen, not only on all the different beaches in Saucelito
Bay and KashaAv's Harbor, but also on both sides of Eaccoou Straits,
giving a most picturesque and cheerful aspect during tke long and gloomy
nights which prevail in most parts of our harbor at this season of the
year.

"These Italians are a singular and peculiar peojDle, always sober and
industrious, and, like the Chinese, they pursue their avocations in silence.
During the silent and tedious hours of the night some are found sleep-
ing in close proximity to the fire, with their harness on, face down, which
appears to be the universal practice among all classes of the different
races of i^eople who are accustomed to sleep upon the ground in the
open air. From Eaccoon Straits to the Chinese fishing station, on the
north shore, aie several favorite places where the nets of the Italians
are cast, with various success. The same class of fish being taken from
the ' Sisters ' up to Petaluma, nothing but sturgeons are found until we
come to Vallejo, where there is a mackerel trap fishery.

" Down on the south shore we find two (2) Italian boats on the San
Pablo flats, and two more at a favorite point to the north of Sheep
Island, where there is another mackerel trap fisher}-.

" Two boats are employed at Sheep Island. They not only cast upon

tlio beach, but generally fish at night under sail only, pulling round and
towing the nets. The same tisli, smelts, flounders, sardines, anchovicfl,
and soles, are taken here,

"Two boats are frequently employed around Goat Island, two at Oak-
land "Wharf, and two at Alameda Wharf. Large quantities aro taken
all along the Alameda Flats, some ten niiles to the southward of Alameda,
and on the west coast from Eedwood Slough, all along until we como to
Baybien, Avhere there is a favorite resort to repair and dry their noti and
take out their boats. From there to Long Bridge boats are generally
engaged, and I have in all cases, at each of these jioints, impressed upon
the minds of these men the consequences that will attend any infringe-
ment on their part of the laws in regard to the fish interest, and especially
of section number six. I have also, in most of these places, made
arrangements with those who live near the beach to inform mo of the
first infringement, by taking the name or number of the boat.

" I am informed from a reliable source that a most wanton coi^rso of
destruction is 2)racticed by the settlers along the Sacramento and San
Joaquin Eivers, which will, if not arrested, be attended with vital con-
sequences, amounting to a total destruction in these waters of our salmon
fisheries, which, to the State, are worth millions of dollars.

"Perch, flounders, shrimps, and herring sj)awn in December j smelt,
in August."

From Captain Wakeman's report on the fisheries of some of the coa'^t
rivers we make the following extracts :

" lu pursuance with your orders of the sixth instant, I have examined
all the streams from Spanishtown to Pescadero, and herein f^ubmit m^
report in regard to their character as trout streams, their obstructions,
and consequences arising therefrom:

" Fllarcitos Creek — Upon which Spanishtown is located, is Cj dirty red
stream, of about two feet wide and one foot deep, and empties its waters
upon the beach, about half a mile below the town. There is a f\tea,m
flour mill here, but no sawmill, and judging from the thick, muddy water,
nothing but catfish can live in it.

" Gobethey Creek — Two miles below Spanishtown, is a clear water trout
stream, about two feet wide and a few inches deep, and emptie"^ its waters
upon the beach. There are no mills upon this stream, and only natural
obstructions, such as old decayed trees and their branches.

" Purissima, or Pure Water Stream — Is two miles below Gobethey Creek,
and is a fine clear water trout stream, about four feet wide and a foot
deep. Generally at this season (February) it has a volume of about ten
feet in width and five feet in depth. It empties its waters upon tho beach
about half a mile below the Purissima House. Four mile" up the tream
is the sawmill belonging to Messrs. Boyden and Hatch. This mill has
an overshot wheel, the water to run it being taken from the rtream
three fourths of a mile above and carried in a sixteen-inch flume, -^.t the
head of which are four little dams, made by throwing a short log across
and tamping it tight with a few bags of sawdust. This throws all the
water into the flume and only half fills it, which shows that this stream

is very small at tho present time. A site for a new steam sawmill is
being located two miles further up. The sawdust and blocks of the red-
wood are thrown into tho stream, which turns the water to a dark red,
and, in some places, to an inky black; in other places to a purple. This
is poisonous, and kills the fish in half an hour after it is drank, according
to the testimony of Messrs. Boyden and Hatch themselves. Cattle along
this stream arc walking skeletons. I saAv several carcases of dead ani-
mals lying along the bank, notwithstanding there is plenty of good grass.
This show^s conclusively the truth of all the reports made to me by many
of the settlers along tho stream. In places where the water runs fast
it is quite palatable; but where it is still it becomes wholly unfit for use,
and not only kills the fish, but is dangerous to the cattle. At some sea-
sons of the year the settlers are obliged to sink holes or wells back from
the stream, and even then tho water is impregnated with an odor only
to be derived from dead fish.

" Lohetis Creek — Is a clear water trout stream, two miles from Purissima,
about three feet wide, and a foot deep. It empties its waters ujion the
beach, and has no mills — nothing but natural obstructions.

" Tu7iis Creek — Is a clear water trout stream, of about the same volume
as Lobetis. It empties its waters upon the beach. Ten miles up this
stream is Foment's steam sawmill, not running now, owing to a lawsuit
pending and an injunction from the Court; which last, it is to be hoped,
may continue for all time, as tho sawdust, so fatal to the fish and inju-
rious to the farmer, is prevented thereby from being dumped into the
stream.

" San Gregoria — Is a fine clear water trout stream, four miles from
Tunis, and connects with the ocean about one mile below the San Gre-
goria House. At full sea, the salmon, of from fifteen to twenty pounds,
and the silver salmon, from two to fifteen pounds, enter this stream
during their spawning season, which is from October to March, wh6n
they go out to sea again. These fisL have been taken several miles up
the stream during the rainy season, when, owing to the strong current,
most of the sawdust had been washed out. Six miles up this stream is
Templeton's steam sawmill, and a few miles further ujd, on a northern
branch of this stream, is Gilbert's sluice mill, and a fiw miles further up
the same branch is L. P. Pharis' steam shingle mill. All these mills
dump their sawdust and blocks into the stream, which so poisons the
water that it has become an intolerable nuisance to all the settlers along
the stream below, and will soon exterminate the trout.

" Pompona Creek — Is four miles from San Gregoria, and is a clear water
trout stream of small volume emptying u^Jon the beach. No mills;
plenty of trout.

" Pescadero stream — Is three miles from Pompona Creek, and is a fine
clear water trout stream, empties into the sea about two miles below tho
town, and connects, one mile from the beach, with the Butena Eiver,
which is also a fine clear water trout stream running to the southeast;
is about twenty feet wide, and six feet deep. For six miles this makes
a fine resort for the salmon and silver salmon from the sea which fre-
quent theee waters, with other lesser sea fish, for the purpose of spawn-
ing. From October to March, a wagon load of these beautiful fish,

i:)

Avcighini^ from two to thirty iiouiuls, tiro taken daily and sold all along
the road, as high up as Spanishtowa, at seventy-five cents per pound.
These fish are only taken during the sjiawning season, they being a deep
■svator fish and go out to sea in March. Thi'ce miles up the Pescadero
stream — which is about lour feet wide and a foot deep, at present — is B.
Hay ward's steam sawmill, and three miles further up is Anderson's saw-
mill, run by a turbine wheel, having a avcU constructed dam, built of
hewn logs, Avell secured right across the creek. The dam is twenty feet
long and about ten feet high, built in eighteen hundred and sixty-two,
and all the water from above passes at present through the sluiceway at
the turbine Avhocl. As the water has never been half way up to the
top of this dam, since it was built, no fish have ever jjassed. A sluice
box with stop Avaters in it for fish could be introduced through this dam
near its base and outside the sluiceway for the wheel, this being the
only place M'here the box could reach the water below, as all the rest of
the bed of the stream is dry. Large quantities of sawdust and blocks
are deposited in the stream below the dam; fish are found de^id, their
eyes eaten out by the strong poisonous acids in the water, aiid their
bodies covered beneath the skin with disgusting blisters, like the small
pox, whilst the inside is as black as ink. The waters are rendered at
times wholly unfit for use. Eight miles further up this stream is Wolf's
steam sawmill, the lumber from which is hauled out to the eastward,
whilst the sawdust is conveyed down the stream, fatal to the fish and
to the intei'ests of ever3"bod3^ There is but one sentiment existing
among the settlers along the streams, and it is this: that they have
arrived at a point where forbearance ceases to be a virtue, and have
resolved to exhaust all legal measures, by their united efibrts and similar
means to protect their interests against the oppressive and jjersistent
practice of the mill owners in dumping the saw dust into the streams,
whereby the whole community below suffer, some hundreds and others
thousands of dollars. The effects of the sawmills, during eighteen or
twenty years, are scarcely perceptible in these almost impenetrable for-
ests, and the united efforts of many mills for the next twenty j^ears will
be required before the woodman's axe will have wrung from the settlers
of this nature's retreat in he solitude that beautiful ^Ji'ayer of ' Wood-
man, spare that tree.'

'•' I have communicated with many of the settlers along the banks of
all these streams, and have the experience of the oldest settlers in this
part of the country, and there can be but one conclusion in regard to
the fish interest of these streams, and that is that the redwood sawdust
poisons the w^ater, and unless some other method be adopted to get rid
of it, such as burning it or repairing roads with it, there will not be a
breed of trout left in a few j^ears. Where thousands were taken daily
(thirteen hundred by one person), now scarcely a trout can be seen. If
there are laws to protect them I can see no good reason for not enforcing
them, and if this be done every man's table in this district will be
abundantly supplied with trout — a healthy and cheap article of food —
while large quantities will find their w^ay, as a luxury, to the rich man's
table at a distance, so long as these streams shall flow 'fx'om the moun-
tain to the sea.' "

From the report of Mr. Has well on the Truckee Eiver and Lake Tahoe
we make the following extracts. He says:

" Under your appointment, and in aecordanco with your instrilctions,
I proceeded to that point on the Truckco Eiver where it crosses our
tState liiie on itH "v.ay to Pyramid Lake, in the State of Nevada. From
thence I iolIo\7ed it up to itu head, in Lake Tahoe. I also ezamined the
California part of that lake; also Donncr Lake and Donncr Creek; but
from want of sufficient time could only make inquiries about the Little
Truckee and its sources, Webber Lake, and Lake Lidependence, though
prior to my appointment I had visited them all for health and pleasure.

" During this official visit I heard and saw so much that requires the
most stringent legislation in both States that I scarce know where to com-
mence my report. But as a preliminary I suggest that carefully drawn
laws, precisely similar in all respects, except the mere verbiage that is
necessary to designate which State enacted them, be passed by each State,
and that, if such a law is not unconstitutional, each Act shall authorize
the officers of the other State, armed with a proper Avrit from it, and
any citizen of the other State who has seen the offense committed within
its borders, to cross the line and make the necessary arrest, and without
further ceremony take the prisoners back for trial. This seems arbi-
trary, but if it can be constitutionally made a law it will be found to bo
one of the greatest safeguards to the joint fisheries.

"Trout commence running up the Truckee, from Nevada, with the
first sufficient rise of the river. The date of this, as also that of their
return, is of course variable. They retire towards Pyramid Lake as the
water recedes in the Summer or Pall.

" From the obstructions hitherto placed in this river and the various
means used to entrap the fish before they reach the shallow, gravelly
streams, together with the wholesale waste of them and the criminal
destruction of their spawn, I believe that in a very few years the great
lakes of both States Avill be entirely without brown trout, and certain,
very few silver ones, unless the two State Governments concur in some
such law as that above suggested. But to reiurn to my starting point —
the Truckee at the boundary line.

" The first mill and dam (all the mills on this river are for sawing
lumber) on the Truckee in California, is that of Pray & Bragg. At
present it is little or no obstruction to the free run of the fish, and its
owners have agreed that if it becomes one they will either open the
dam itself or construct proper fish ways and ladders.

" The Boca Mill Company comes next. Mr. Doane, the resident part-
ner, is about as enthusiastic on the subject of letting the trout have a
clear passage to and fro between the lake and streams of this State and
those of Nevada, as the members of your body themselves. At this
dam there are two good fish ways — one on a plan recommended by your-
selves, and the other built upon a design which Mr. Doane and the other
members of the company think superior to it.

" The dam of the Marysville Company follows, then that of the Geissen-
doffer Mill ComjDany, then in succession two others known as Proctor's.
Neither one of these four is an impediment now. The mills have been
removed, the sluiceways are open, and the dams themselves are all so
dilapidated that the fish can pass through either of them.

" Succeeding the upper Proctor mill come five dams belonging to the
Truckee Lumber Company. Four of these are mere dams to catch
water when the river is low. They cause no hindrance whatever. The
other one has an excellent and very efficient passageway, but a log got
entangled in it and carried ofi" a portion of the crossbars or resting-
places. The owners said that the necessary repairs should be made

forthwith; niul as thoy seem to tako as luucli prido us the owners of the
Boca Mills do in giving the trout fair phiy, I do not consider that it
requires any further attention.

" I am sorry that i cannot say tlio same of the next phxce — liusch's
Mill. Hero is a so-called fish way which is of no possible use if it was
constructed with a view to allow the lish a passage up stream. If, on
the contrary, it was built to be a most eflicient trapping place, the intent
was fully carried out. But the owner has promised that no further
action need be taken, as he would as soon as possible either build a new
passageway or else alter the present one to meet the requirements of
the law.

''Except as above stated the fish have proper passageway in the
Truckee to and fro from the State lino to the debouchment of Lake
Tahoe.

''According to your instructions, I returned from the lake to the line
and crossed into Nevada to confer with the citizens of our sister State
about opening the Truckee on their side so as to give the fish a perfect
free way whenever they deemed jjroper to use it betAveen the fresh
waters of Tahoe and the brackish waters of Pyramid. The people there
took the matter in hand. The owner of the on]y obstruction on the
Nevada portion of the river was applied to, to either have fishways
made, or in some other manner give the fish a chance. He declined;
but a little giant powder, used by some unknown hand, made the condi-
tion of things about that dam entirely favorable for the trout to indulge
their migratory propensities.

" Donncr Lake empties through a short creek, also called Donner, into
the Truckee about fifteen miles below where that river leaves Tahoe.
On Donner Creek I found a dam so constructed that no fish once leaving
Donner Lake on its way down to the brackish waters of Lake Pyramid
could ever get back again to breed. The consequence of this is that
brown trout, which I believe always yearly go or at least start to go to
the great Nevada lake, Donner, are extremely scarce, whilst the silver
trout, which I think never, or if at all, but seldom, go down stream
beyond the lake they first reached from their hatching grounds, are
moderately plentiful.

"I may as well remark here that the above is my opinion as to the one
kind coming down stream out of the lakes, and the other not doing so,
at least not as a general natural instinct, though iiKUvidual exceptions
may occur. But it is contended that there is no list notion in species
between the two kind I designate as silver and brown crout — in fact, that
they are the same thing — the apparent difterence being merely local
caused by the nature and color of the gravel in which they were hatched,
and the i^eculiarities of the water in which they grew or live. Such
may bo the case, but I have examined a considerable number of both
colors, and caught a good many trout in the Atlantic States in my
younger days, and I consider that what I here call the brown trout is
not the same as what was called the brook trout in that part of the
country where I was born and brought up and caught fish. In every
trout I have examined here the brown ones have a straight purplish line
on each side of the body from almost the end of its nose to near the
tail. This line is not on the silver ones, and on the brown ones I have
never found any of the spots or dots usual on all trout below the pur-
plish line. They have invariably been above it. If I remember cor-
rectly, the Eastern brook trout have nothing of the purplish line, but
merely spots or dots. Not being an ichthyologist I merely call the

attention of the Board to Avhat I believe, from my own observation, and
ask you and others who read this report to examine this question and
another — are there miy trout, either in this State or Nevada, except,
perhaps, in tlie pure mountain streams further North? Whilst upon 'the
Truckee and the lakes I heard several persons, who have the reputation
of being iehthj'ologists, say that all the fish that we call trout, Avere in
reality, land-locked salmon, frequently called schoodic trout. But to
return to the trap on Donner Creek. I could not find the owners of this
dam, but learned that they were A. C. Toll and Brothers. I afterwards
understood from Commissioner Eedding that they had promised him that
they would either remove the dam entirely or put in satisfactory ways
and ladders.

" At the source of the Truckee — i. e., Lake Tahoe — two persons have
been and I believe that, to some extent, they are still in the habit of
taking the fish b}^ means of seines, nets, and traps, on the alleged pre-
tense of catching them for their spawn to stock lakes, streams, and
ponds. But the fact is they catch them at all times of the year, and
sell immense quantities, v/ithout reference to either spawn or spaAvning
season; and, although I did not see it, and can scarcely believe it, I have
been informed by their neighbors of credibility that fish and spawn were
dipped out by the bucketfull, and either consumed on the place or sold
to others for hog feed. Of course, I notified these men of the provisions
of the law, and forbid the further use of either seine, net, or traj) at any
season of the j^ear, or for any purpose whatever. They promised obedi-
ence, and the residents of the vicinity said that they Avould take care
that the law was comj)lied v/ith, and in the event of any violation the
parties should be prosecuted with the greatest rigor to the utmost extent
of the law.

"At the mouth of or a short distance up almost every small stream —
the trout's breeding place — that empties either into the Truckee Eiver,
or Tahoe, Donner, or other lakes, fish traps are set in such a manner as
to be actual murder to most of the fish, and complete destruction to
their spawn. Taking advantage of the fish's instinct of jDrocreation and
continuance of its race, and of its other instinct, that that can only be
done by going up stream to shalloAv Avater and a gravelly bottom, a trap
is made, which is done as folloAvs: A row of stakes is driven across the
full Avidth of the stream. These are not placed so close as to prevent
the Avater coming down, yet are put so near that a»trout cannot get
through to go up. Further down the stream another roAV is driven
across. This is in CA'ery respect like the first, except that in one portion
of it — about the centre — an opening, say, a foot Avide and tAvo or three
feet long, is left under Avater. The distance between the tAvo rows of
stakes is a matter of option, being from three or four feet to ten or
tAveh^e, depending someAvhat upon the number of prisoners the OAvner
expects to take, and hoA\" long, and for w^hat purpose he intends to keep
them. It Avill be seen that ihc fish can get in through the loAA^er tier
but not out through the upper one, yet might escape by returning; but
this they will not do. Fish alAA^aj'S return to spaAvn at the spaAvning
place of their parents. Here they are, and reasoning, nature, instinct,
or Avhatever else people^ may choose to term it, tells the fish that they
are of no further use in the Avaters of this Avorld unless they get up the
stream to spaAvn and milt. So in this trap they remain, butting their
heads against the upper stakes until they are either taken out or the
growing ova and milt compels them to violate the laAvs of nature and
die, when the fish and Avhat should have been their descendants are

dipped out and, us ah'cady said, yivcn to the hogs. Trout are frequently
thrown out Avitli their noses ahsolutcl}^ butted off in the vain endeavor
to force their "svay through the barricade.

'• The Indians, and a gootl many whites, have another distinctive
method of trai)ping trout, but it is nothing lilcc so bad as the one
described above. Even Avhere there are good ladders and ways, a largo
number of tish try to run up the eui-rent pouring over the dam. After
repeated efforts to run up on the face of the water against the impetus
with M'hich it is coming down, they become weak and exhausted, and
can no longer keep upon the face of the stream and fall through it into
the vacant space that is always found under the water that pours over a
dam. In this space wicker or other baskets (the Indians use willow
twigs) arc fastened, and into these baskets the fish fall in great numbers,
and of course cannot escape.

" Two facts show conclusively that trout are fast disappearing from
the lakes. One is, that very few, comparatively speaking, are caught
now, even in the best seasons, with the hook and line. As a sample, I
may tell of a Sacramento attorney who is noted as an expert in fishing —
a gentleman who can nearly equal Izac Walton for patience in Avaitiug
for a nibble— who spent some four or five days this summer fishing on
Donner. He was out by daylight, and did not return until dark, and the
greatest number he caught in any one day was five. I may also state
that every trout that he caught was silver — there was not a brown one
in the whole number. The other fact is, that the so called chub, the
natural, as .it would seem, food for the trout in the lakes, have of late
years increased in such numbers as almost to be a nuisance.

" On the Truckee, about nine miles from Tahoe, Comer Brothers have
a large establishment for rearing trout. I understand that it was started
about three years ago, and that although it has been a success so far as
to growing and distributing the fish, yet, in commercial parlance, it has
been something very near a failure. I was told that Webber Lake was
stocked from the Truckee several years ago, and that it is now well
filled with good sized fish, though formerly it did not possess any trout.
If there is any means by which your Board can aid these Pioneer Cali-
fornia trout growers, I trust that you will do so.

" I believe that I have nothing to add, except to say that during the
coming year and until people begin to understand the law, and the
ofiicers and Courts enforce it, the entire time of at least one man will be
required about Lake Tahoe, the Truckee, Little Truckee, and the lakes
and streams that flow into tliom, for the protection of fish."

EXPENDITUEES.

Of the appropriation of five thousand dollars made by the Legislature
to aid the Commissioners in importing new varieties of fish, and in pre-
serving the native fish valuable for food, wo have expended the following
amounts :

1870.
Deo 9 th

Paid J D FarAvell & Co. bill of sundries

S40 32

1871.
Feb. 9th

Paid expenses of E. Wakeman, examinations
Bay of San Francisco

238 GO

March 20th.
March 27th.
July 8th

Paid Bugbey & Sons, drawings of fish ladders..

Paid expenses of E. "Wakeman, coast rivers

Paid expenses of Seth Green and assistant in
San Francisco

25 00

80 00

43 50

July Sth

Paid expenses of Seth Green and assistant in
importing 15,000 young shad '. .

348 30

July Sth

Nov. 25th...

Paid fare of Green and assistant, return trip....

Paid expenses of G. C. Haswell, examination of

Lake Tahoe, Truckee river, and tributaries..

Total amount expended

180 50
175 00 7

$1,137 22

All of which is respectfully submitted.

B. B. EEDDING,

S. E. THEOCKMOETOK,

J. J). FAEWELL,

Commissioners.

EEPOET

0¥ THE

Pi^EK OOM]VIISSIOISrEIlS

TO THE

LEGISLATTJEE OF 18T1-2.

T. A. SPRINGER STATE PRINTER.

HE F O R T.

To the Honorable the Senate and Assembly of the State of California:

Gentlemen: The undersigned, "Park Commissioners," under and by
virtue of the authoi'ity of an Act of the Legislature of the State of Cali-
fornia entitled " An Act to provide for the improvement of public parks
in the City of San Francisco," approved April fourth, eighteen hundred
and seventj', have the honor to submit herewith a report of their pro-
ceedings and a statement of their receipts and expenditures, as required
by section six of said Act.

The Commissioners organized on the third of May, eighteen hundred
and seventy, by the election of S. F. Butterworth as President and
Andi'ew J. Moulder as Secretary.

On the sixth of May the Commissioners advertised, in accordance with
law, for bids for park bonds to the amount of one hundred thousand dol-
lars, bearing interest at the rate of six per cent (6'' o) P^r annum, with a
notification that under the law no bid under par could be accepted.

The advei'tisement was continued for sixty (60) days, and at the expi-
ration of that time, to wit: on the fifth of July, eighteen hundred and
seventy, the only bid received was opened, and bonds to the amount of
fifteen thousand dollars were awarded to A. Seligman, the bidder, at par.

On the first of August, eighteen hundred and seventy, fifteen bonds of
one thousand dollars each, dated August first, eighteen hundred and
seventy, and bearing interest at the rate of six per cent (6^|o) per
annum payable semi-annually, the principal payable in fifty (50) years
fi'om date, were issued to said A. Seligman, and in return therefor the
sum of fifteen thousand dollars in gold coin was received by the Commis-
sioners.

Abraham Seligman was appointed Treasurer, and his offer of one per
cent (l°|o) per annum on monthly balances in his hands was accepted.

On the twelfth of May, eighteen hundred and seventy-one, Messrs. J.
Seligman & Co. made a further bid for park bonds to the amount of sixty
thousand dollars ($60,000) at par, which bid was accepted.

The bonds of this issue were dated as before, August first, eighteen
hundred and seventy, although not delivered until July first, eighteen
hundred and seventy-one.

The coupons for intei'est accrued prior to the date of their delivery, to
wit: coupon number one, payable January first, eighteen hundred and

seventy-one, and coupon number two, payable July first, eighteen hun-
dred and seventy-one, were detached and cancelled, and in this condition
surrendered to the City and Count}^ Treasurer.

The limitation imposed by the Act creating the Board, that the park
bonds shall not be sold for less than par, has prevented the sale of the
full amount of bonds (two hundred and twenty-five thousand dollars)
authorized by that Act.

Other six per cent bonds of the City of San Francisco have been
negotiated by the city authorities at ninety-two, and in view of this it is
not to be expected that capitalists will at present take park bonds at
par for an investment.

But for the fact that the bidders expected to reap an indirect benefit
in the improvement of the park and the consequent appreciation in the
value of their property adjoining, not a dollar of these bonds could have
been negotiated on the terms imposed. And the Commissioners feel
assured that as the same causes no longer stimulate bidders, no more of
these bonds are likely to be negotiated within any reasonable time,
unless the restriction preventing the acceptance of bids below par is
removed.

"With the sum of seventy-five thousand dollars already received a large
amount of work will be done, and the avenue and park can be thrown
open to the use of the public, but it must necessarily be in a rude and
unfinished condition.

Could the whole two hundred and twenty-five thousand dollars
authorized by the Act be realized, it is believed the park could be con-
verted into a most attractive and popular resort, answering, with com-
paratively moderate annual expenditures, the most pressing needs of the
community.

Specifications for a minute topographical survey of the " Avenue " and
"Golden Gate Park" and their connections with the adjacent city sur-
veys were prepared, and a number of competent engineers and surveyors
were invited to put in scaled bids, stating for what sum in gross they
would execute the Avork in accordance with said specifications. On the
eighth of August, eighteen hundred and seventy, the bids were opened,
and the contract was awarded to Mr. William Hammond Hall (the
lowest bidder), for the sum of four thousand eight hundred and sixty
dollars. •

Mr. Hall entered the field shortly afterwards with a corps of
assistants, and completed a very elaborate and accurate topographical
survey early in December.

On the fifteenth of February, eighteen hundred and seventy-one, Mr.
Hall presented his final report of this survey, with accompanying maps
on a large scale, and in minute detail.

The report was accepted, and the maps were officiall}^ adopted by the
Board. Together they contain all the information desirable as a basis
for laying out and ornamenting the park and avenue. By their aid a
comprehensive plan for the improvement of the park will be prepared.
If need be, copies may be sent to the most distinguished landscape artists
and engineers abroad; and thus at small expense may be obtained the
results of their large experience and cultivated taste, of which our
engineer may avail himself in perfecting a grand jjlan for the improvement
of the park.

On the seventeenth of November, eighteen hundred and seventy, the
Commissioners appointed a " Keeper of the Grounds of the Avenue and
Parks," at a salary of seventy-five dollars per month. This appoint-

ment ■was necessary to protect the trees and shrubbery from waste by
trespassers, and to i)rcvent unauthorized parties from intruding upon
the premises.

The Park Keeper was further charged with the care of the nursery
and greenhouse, which were established at a small expense for the
rearing of suitable evergreen and other trees and shrubs, to be set out
on the park grounds. By this means many thousands of young trees of
the best varieties have been raised from the seed, and are now growing
finch'; and it is expected that this nursery Avill supply all the ornamental
and shade trees necessary to stock the park at a trifling cost.

On the second of May, eighteen hundred and seventy-one, the Com-
missioners advertised for bids for grading " the avenue " extending from
Baker to Stanyan streets, in accordance with carefully prepared specifi-
cations. Twenty-three (23) bids Avere received, and were opened at
three o'clock p. M. on Friday, the twelfth da}^ of May.

The contract was awarded to B. Kenny, the lowest bidder, at the rate
of four and one half cents (-lie.) per cubic yard for cutting and six cents
per cubic yard for filling or embankment.

A bond and other jiroper securities for the faithful fulfilment of this
contract were exacted by the Commissioners.

Immediately after the award the contractor commenced the work of
grading the avenue, and he has diligently prosecuted it since. Up to
this time the grading has been completed from Stanyan street to Lyon
street. The amount of work done under the contract is one hundred and
one thousand five hundred cubic yards of cutting, and one hundred and
one thousand five hundred cubic yards of filling, at a total cost of ten
thousand six hundred and fifty-seven dollars and fifty cents.

On the fourteenth of August, eighteen hundred and seventy-one, the
Commissioners elected William H. Hall Engineer of the park, at a salary
of two hundred and fifty dollars per month. Mr. Hall has been dili-
gently engaged in the discharge of his duties, and all the work done has
been under his superintendence, to the entire satisfaction of the Commis-
sioners.

After due advertisement, proposals for macadamizing, in conformity
with minute specifications, the Park Avenue from Baker to Stanyan
street, were opened by the Commissioners on the twentieth of Septem-
ber, eighteen hundred and seventy-one. Three bids were received, and
the contract was awarded to B. Kenny, the lowest bidder, at the rate of
four and three-quarter cent^ (4|c.) per square foot. This work has pro-
gressed rapidly. Up to this time one half of the avenue has been sub-
graded and dressed, and about one hundred and twenty-five thousand
square feet macadamized.

On the tenth of October, eighteen hundred and seventy-one, bids were
opened in response to advertisement for the construction of a substantial
redwood sewer in the "Avenue " leading to the park. Three bids were
received, and the contract was awarded to James Gaftney, the lowest
bidder, at the rate of two dollars and ninety-seven cents ($2 97) per
lineal foot. This work has been completed in a satislactoiy manner, at
a total cost of two thousand two hundred and six dollars and seventy-
one cents. Without it, the avenue would have been seriously damaged
by the heavy floods of the past month.

Under the instructions of the Commissioners, the Engineer has laid
out an extensive system of drives throughout the eastern portion of the
l»rk, skilfully arranged to take advantage of the natural features of the
country. Under his superintendence eleven thousand seven hundred

feet of roadway, now forty feet in width, have been graded in the park,
and a large amount of filling has been done towards grading the valley
intended for the lawn.

On the eighth of December, eighteen hundred and seventy-one, the
Commissioners instructed the Engineer to open a quarry of rock upon
the park grounds, and to surface or macadamize the roads already con-
structed. This work is being prosecuted with vigor, and in a few
months man_y miles of attractive drives will be thrown open to the
public. In addition, considerable progress has been made in inclosing
the avenue with a neat but economical fence. A number of blocks in
the avenue have been prepared for jDlanting, and the Commissioners hope
to avail themseh^es of the present favorable season to set out a large
number of valuable and ornamental trees.

The Golden Gate Park contains about one thousand acres, of which
two hundred and seventy acres, at the eastern end, is good arable land,
covered, in many places, with trees and shrubbery. This portion may
at once be converted into an attractive resort. The remaining seven
hundred and thirty acres, stretching down to the Ocean beach, is a
waste of drifting sand. Forbidding as it appears at present, it is confi-
dently believed that it can be reclaimed by proper appliances. Should
the necessary means be placed at the disposal of the Commissioners,
they w^ill undertake the experiment of reclamation, and if successful,
will continue the work until the barren sandhills are converted into ver-
dant fields.

The Commissioners appeal to the financial statement, hereto appended,
in j^roof of the rigid economy exercised in all their exjjenditures. They
have devoted their best energies to the discharge of the responsible
duties intrusted to them, and they feel justified in asserting that rarely
has so large an amount of valuable work been done at so small a cost to
the public.

In conclusion, they would invite sjjecial attention to the able and
exhaustive Eeport of the Engineer, appended hereto. It gives, in
minute detail, all necessary information regarding the avenue and park,
and the progress of the improvements made, with many valuable sugges-
tions, which the Commissioners hope to realize.

All of which is respectfully submitted,

s. F. bu3:teewoeth,

C. H. MACDERMOT,
•D. W. CONNELT,

Park Commissioners.

REPORT OF THE REGENTS

UNIYERSITY OF CALIFORNIA,

RELATIVE TO THE

OPERATIONS AND PROGRESS OF THE INSTITUTION.

T. A. SPRINGER STATE PRINTER.

HE F O R T.

To His Excellency, ]S"ewton Booth, Governor of California:

The Eegents of the University of California beg leave to present the
following report of their operations, and of the progress of the institu-
tion under their chai-ge, as required by section nineteen of the Act
creating and organizing the University, approved March twenty-third,
eighteen hundred and sixty-eight.

REPORT.

ORGANIZATION OF THE BOARD OF REGENTS.

By the provisions of the University Act, the Board consists of six
ex officio members; eight aj^pointed members, receiving their commis-
sions from the Governor; and eight honorary members, elected by the
ex officio and appointed members.

The members by virtue of their office are the Governor (President of
the Board), the Lieutenant Governor or the Speaker of the Assembly,
the Superintendent of Public Instruction, the President of the State
Agricultural Society, and the President of the Mechanics' Institute of San
Francisco.

At the date of our last report (December twelfth, eighteen hundred
and sixty-nine) the appointed members, classified by lot, were Honorable
Samuel Merritt, two years; John T, Doyle, Esq., four years; Eichard P.
Hammond, Esq., six years; Honorable John W. Dwindle, eight years;
Eeverend Horatio Stebbins, ten years; Honorable Lawrence Archer,
twelve years; William Watt, Esq., fourteen years; Honorable S. B.
McKee, sixteen years.

At the same time, the honorary or elected members were Louis Sachs,
Esq., two years; Honorable Edward Tompkins, four years; J. Mora
Moss, Esq., six years; S. F. Butter worth, Esq., eight years; Honorable
John S. Hager, ten years; A. J. Bowie, M. D., twelve years; William O.
Palston, Esq., fourteen years; and John B. Felton, Esq., sixteen years,
the terms all dating from the first day of March, eighteen hundred
and sixty-eight.

On the the first of March, eighteen hundred and seventy, the term of
Honorable Samuel Merritt ex2:)ired by limitation. He was reappointed
by the Governor for the full term of sixteen years.

On the same day expired the term of Louis Sachs, Esq. He was
reelected for the full term of sixteen years.

On the seventeenth of November, eighteen hundred and seventy-one,
William Watt, Esq., resigned his position as Eegent, and in his place the
Governor appointed J. West Martin, Esq., for the unexpired term.

INCORPORATION OF THE UNIVERSITY.

The incorporation and present organization of the University origi-
nated from the following considerations: the University, as one of the

future institutions of the State, is expressly recognized by Article IX,
section four, of the Constitution of California. B}' Act of Congress of
July second, eighteen hundred and sixty-two, one hundred and fiily
thousand acres of public lands were granted to the State of California
for "the endowment, support, and maintenance of at least one college,
where the leading object shall be, without excluding other scientific and
classical studies, and including military tactics, to teach such branches
of learning as are related to agriculture and the mechanic arts, in such
manner as the Legislatures of the States may respectively prescribe, in
order to promote the lil)eral and practical education of the industrial
classes in the several pursuits and professions in life."

But it was also provided in the same Act of Congress that if the respec-
tive States should not within five years after the passage of that Act
provide at least one college, as therein prescribed, "the grant to said
State should cease." The State of California was therefore bound to
j)rovide such a college before July second, eighteen hundred and sixty-
seven. It did not do so, but succeeded in obtaining a further extension
of five years within which to provide such a college, dating from the
acceptance of the grant by Act of the Legislature of California of March
thirty-first, eighteen hundred and sixtj'-four (Laws 1863-4, p. 559), by
Act of Congress of July twenty-third, eighteen hundred and sixty-six.
Within five years from ATarch thirty-first, eighteen hundred and sixty-
four, such a college was therefore still to be provided by the State or the
grant b}" Congress of the one hundred and fifty thousand acres of public
lands would fail.

THE AGRICULTURAL, MINING, AND MECHANIC ARTS COLLEGE.

Meanwhile the Legislature of California, by the j)assage of "An Act to
establish an Agricultural, Mining, and Mechanical Arts College," ap-
proved March thirty -first, eighteen hundred and sixty-five and six (Laws
1865-6, pp. 504-9), endeavored to comply with the Act of Congress, but
the eifort proved ineffectual for several reasons. In the first place, the
Act itself was unconstitutional, being in violation of Article IV, section
thirty-one of the Constitution, which prohibits the formation of any but
municipal corporations by special Act of the Legislature. In the next
place, no appropriation was made for the proposed college, and no means
provided for its organization or endowment. Meanvi-Jiile the period pre-
scribed by Congress for the actual ojieration of the college was rapidly
appi'oaching, and a projjosition to further extend it met with no favor.
At this juncture, the College of California, the oldest academic institu-
tion in California of collegiate rank, offered one hundred and sixty acres
of land at Berkeley, Alameda County, as ^ite for the Agricultural and
Mechanic Arts College, accompanied with an agreement that it would
convey all its other valuable property, including its college buildings at
Oakland, to the State, and itself go out of existence, jjrovided the State
would elevate the proposed college to the rank of a university. There
were many motives which induced the Legislature to accept this propo-
sition. The proposed benefaction was a noble one, and the lands do-
nated, and proposed to be donated, were ample for the site of a university,
and nearly all that were needed for agricultural purposes. The buildings
specified were all that it was then thought would be soon required for
an infant university. The number of instructors which would be de-
manded for the eftlcient organization of an Agricultural, Mining, and
Mechanical Arts College would be nearly all that would be needed for a

univorsit}' fully organized with all its colleges for an academical and
technical training; for five hundred .students can hear the same lecture
as wc 1 as ten; and it is not until an advanced period in each course that
even technical instruction becomes special in the various courses. Evcry
consideratiou, and especially those of economy and efficienc}^ prompted
the Legislature, when it made its last effort to comply with the Act of
Congress and save the one hundred and fifty acres of public lands, to
create a University worthy of the State.

THE PLAN OP THE UNIVERSITY.

A University organized upon a complete jilan may be briefly defined
to be an institution of learning in which everything is taught in science
and learning which the student desires to learn. But most Universities
are hampered with conditions and restrictions Avhich limit their scope
and impair their usefulness. They are generally so expensive as to be
beyond the reach of youths of even moderate means. Young women
are almost universall}' excluded; they are generally sectarian in their
character; most of them are incumbered with monastic ti"aditions of the
middle ages; others impose conditions of admission which exclude large
classes of students; and almost all require courses of instruction to be
pursued, so that a student cannot learn that special thing which he
wishes to learn without being compelled to study something else for
which he has no inclination. The University of California has, happily,
avoided all these evils. Its instruction is free, and its incidental expenses
so low that a student can complete his four years course for less than it
would cost him to leave California, spend a year at an Eastern Univer-
sity, and then return. It is open to both sexes, and young women are
not insulted by the creation of a Female Department, but pursue the
same curriculum of instruction as the other sex. It is not sectarian in
its character. An institution fostered by the State cannot teach religion
beyond the ethics which form the character of the honest, truthful,
cultivated gentleman. It admits all j^outh of good character and proper
age to its classes, and it permits any person to receive its instruction in
any branch of study at any time when it is given in due course, whether
he wishes to study anything else or not, and it furnishes University
lectures, in which science is popularly and yet accurately treated, to a
large ch'^ss of the population of the State. It is believed that the young
University of California is far in advance in most of these respecfs of
all the Universities in the world.

.. OBJECTIONS TO A UNIVERSITY.

It has been objected to Universities that the}' consume the funds which
ought to be bestowed upon the public schools. This at most only affords
an argument for suppljang more funds for the public schools. It is said,
also, that Universities afford means of instruction which are available for
only the most prosperous classes of society. In point of fact this is not
true. Most of the students possess only moderate means, and are able to
be students at all only because they have no tuition to pa}'. Many sustain
themselves in the University only by daily practice in mechanical and
other laborious avocations. It is time, however, that the University
created a higher class — the class of superior culture. Ever}^ element of
culture adds to the enjoyment and to the value of the man, and. to the
enjoyment and worth of the race. To attain this higher culture is as

natural as the aspiration for a higher life. There are thousands of the
youth of California who are now seeking it; and whether most of them
shall fail in the pursuit, and the rest attain it only by becoming for a
time exiles from California, is a question involved in the success or failure
of our University.

THE UNIVERSITY PROPER.

The University was formally inaugurated on the twenty-third of Sep-
tember, eighteen hundred and sixty -nine, in the building formerly occu-
pied by the College of California in the City of Oakland.

The session opened with forty-two students, distributed among the
five colleges which compose the University — a portion entering each of
the four classes into which the regular course is divided.

On the twentieth of July, eighteen hundred and seventy, the close of
the first scholastic j^ear, the "First Commencement" of the University
took place. The occasion was marked by imposing demonstrations, and
the exercises were attended by a large audience who evinced a deep
interest in the success of our young University. The degree of Bach-
elor of Arts was conferred upon three graduates — Charles W. Anthony,
Robert L. McKee, and Lucio M. Tewksbury — and the degree of Master
of Arts upon D. L. Emmerson, a graduate three years before of the Col-
lege of California.

On the twenty-second of September, eighteen hundred and seventy,
the first term of the second scholastic 3'ear commenced with seventy-
eight students in the University proper, assigned to the several col-
leges, and classified as follows:

In the four Colleges of Arts

In the College of Letters

Students at large, taking optional courses.
Students in special courses

Total

28
24

24
■7

^ Besides these, fifteen other students attended the Tfniversity at some
time during the year eighteen hundred and seventy, but withdrew or
were droj^j^ed before its close.

On the nineteenth of July, eighteen hundred and seventy-one, the end
of the scholastic year, occurred the "Second Comil^encement " of the
University, which was signalized by even more imposing demonstrations
than the first, and the exercises passed off with great eclat. The degree
of Bachelor of Arts was conferred on five graduates — Frederick H.
Whitworth, Edward W. Blaney, George D. Cobb, Charles B. Learned,
and Everett B. Pomeroy — and the degree of Master of Arts upon Theo-
dore Bradley, Charles A. Garter, William Gibbons, John E. Glasscock,
William D. Harwood, George E. Sherman, and Marcus P. Wiggin.

On the twenty-first of September, eighteen hundred and seventy-one,
the first term of the third scholastic year opened with one hundred and
forty-seven students in regular attendance upon the University proper,
classified as follows:

In the four CollegcB of Arts 75

In the College ot" Letters 28

Students at Targe, taking optional courses 20

Students taking special courses j 24

Total.

147

During the year twenty-six young ladies were admitted as students in
the University. Of these twenty-one still remain. In addition to the
regular students, pupils suffieientl}' advanced from other institutions of
learning are by special permission of the Eegents allowed to attend the
Universit}" courses of lectures. They are enrolled for the full course, and
are examined upon it by their own teachers. Of this class of pupils fifty-
nine now attend the lectures on chemistry, on English literature, and on
geolog}', making a total of two hundred and six students now receiving
in whole or in i:)art the benetits of the instructions in the University
proper.

FIFTH CLASS.

By the close of the first year it became apparent that there was not a
sufficient number of high schools or other proper institutions of learning
in the State, to prepare students for admission into the University. To
obviate this difficulty, and to diffuse as widely as possible the benefits of
the University, it was determined by the Regents, on the tenth of
August, eighteen hundred and sevent}^, tt) bridge the gap between the
University and the public grammar schools of the State b}' establishing
an additional class, to be known as "the Fifth Class," for admission to
which the requirements were reduced much below those necessary to
enter the University proper. By this exjJedieut any good grammar
school pupil, capable of passing a satisfactory examination in English
grammar, arithmetic, geography, and history- of the United States, is
enabled to avail himself of the rare advantages of the University, and
to prepare himself by a course of instruction especially adapted to that
end for admission into the University proper.

At the opening of the scholastic year, on the twenty-first of Septem-
ber, eighteen hundred and seventy, seventy students applied for admis-
sion into the Fifth Class, of whom fifty-five passed a satisfactory
examination, and were admitted. As an evidence of the value of this
class as a feeder of the University, it may be stated that of the sixty-
five students who entered the Fourth or Freshman Class on the twenty-
first of September, eighteen hundred and seventy-one, fifty-four (54) were
promoted from the Fifth Class.

At a later date a Preparatory Department was established, with which
the Fifth Class was consolidated.

The number of students increased so rapidly that larger accommoda-
tions became necessary; and by virtue of authority conferred by a
special Act of the Legislature, the Eegents purchased the extensive
grounds and buildings in the City of Oakland belonging to the Brayton
estate.

During the year eighteen hundred and seventy-one, two hundred and

fiftj-eiglit (258) students were admitted into the Fifth Class or Propara-
tory Department. Of these, fifty-four \yere promoted to the Fourth
Class, fifty-five withdrew or were dropped, and one hundred and forty-
nine still remain.

The following will show the attendance at the University at the present
time :

Students in the University proper ' 147

Attendants upon the University lectures 59

Students in the Fifth Class 149

Total 355

The Faculty of the University instruct the members of the Fifth Class
in certain of the higher branches, and have full power to arrange the
discipline, the course of study, text books, etc.

This Department, however, is under the immediate charge of Professor
George Tait, who bears the title of "Master of the Fifth Class." He is
assisted by a Sub-Master, a First and Second Assistant, and special
instructors in French, Spanish, German, and Penmanship.

While the University j^roper is free to all properly qualified applicants,
male and female, the Pegents have deemed it necessarj-, in the present
condition of their finances, to make the Preparatory Department self-
sustaining, and hence the students in this Dej^artment are required to
])8uj for board, lodging, and tuition a sum as small as experience shows
will be sufiicient to defray tl\e expenses, and no more. But a slight
deficiency has occurred in the revenues thus far, owing to a failure to
collect certain dues.

THE FIFTH CLASS IN OTHER PARTS OF THE STATE.

With an anxious desire to extend the benefits of this feature of the
University throughout the State, and to provide feeders in all the most
l^opulous localities, the Eegents have adopted the following resolution:

" Hesolved, That upon the presentation of satisfactory credentials, or
upon examination, the Faculty of the University be empowered to grant
licenses to such instmctors as may be found qualified, authorizing them
severally, without charge ujion the funds of the University, to organize
Fifth Classes in any of the counties of the State, to be organized and
conducted under such general rules and regulations as the Faculty'' may
prescribe, for the purpose of 2:)reparing students for entering the Uni-
versity."

In carrying out the powers thus conferred, the Faculty require that
application for the establishment of a branch of the Fifth Class must
come through the highest local Board of Education; that the applicant
for license to teach such a branch must furnish satisfactory testimonials
as to character, and also credentials of competency from the county and
State Superintendents of Public Instruction, and shall be subject to
examination by tlie Faculty, or in lieu thereof shall furnish undoubted
evidence of high literary standing and ability to teach.

In conformity Avith these regulations, five branches of the Fifth Class
have been estalilished in ilitterciit parts of the State, and it is expected
that the ninnber will be largely increased as soon as the advantages
offered become more widelj* known.

It must be borne in mind that the object of these Fifth Classes is to
sujiply the present lack of suitable institutions to prepai'e students for
admission into the University proper.

The creation of the Fifth Class will not operate to disturb the present
standard ibr admission to the Fourth or Freshman Class. That standard
Avill remain as before, and the Faculty will enforce it in the case of all
candidates for matriculation.

By the organic Act, a " College of the Mechanic Arts " was estab-
lished in connection with the University. Although ample provision
was made by the Eegents for the instruction of those who might enter
it, extending through a full four years course necessary for graduation,
and though rare advantages were offered to those who might prefer or
who might be compelled by straitened circumstances to take a " spe-
cial course," and for a limited time in industrial mechanics and auxili-
ary sciences, it was found, after a year's experience, that no students
bad entered, and few or none were likely to enter this college, free
though it was and is to all applicants.

It was urged that the mechanics of the State could no^ spare the time,
and that they lacked the means to avail themselves of the technical
instructions so bountifully prepared for them, f

The liogents appreciating the force of these objections, and anxious
by every practicable expedient to enlarge the scope of the University,
and to extend its benefits to the largest possible number, resolved on the
twenty-tirst of June, eighteen hundred and seventy, "that it is expe-
dient to establish a branch of the Mechanic Arts College of the Univer-
sity in the Cit}^ of San Francisco, and that to this end suitable courses
of evening lectures, to be known as the 'University Lectures,' shall be
given there by the several Professors of the University. These lec-
tures shall be arranged and prepared with special reference to the
instruction of young men engaged in mechanical, manufacturing, and
other industrial pursuits in their specialties, the lectures to be illus-
trated hy the apparatus of the University."

In carrj'ing out this resolve the Eegents received the cordial coopera-
tion of the officers of the Mechanics' Institute, who placed at their dis-
posal the public hall in their building, very conveniently adapted for the
purpose, and assisted personally in making the necessary arrangements.
Much of the very striking success which attended this new feature of
the University is due to their intelligent and active efforts. In one week
after the register had been opened five hundred persons had enrolled
themselves as students at large of the Mechanic Arts College, pledged
to a regular attendance upon all the lectures to be given throughout the
year. The capacit}' of the hall would not permit the admission of more,
and at least one hundred additional applicants enrolled themselves await-
ing the first vacancy. Besides the regular students, about fifty visitors
were admitted to each lecture on si)ecial application for tickets.

On the evening of November twelfth, eighteen hundred and seventy,
the exercises of the Mechanic Arts College were opened to an audience
of about six hundred. The lectures Avere continued until the close of
the scholastic year in Jul}', eighteen hundred and seventy-one, and were
listened to with deep attention throughout. Their value consisted not
simply in the useful instruction imparted by the able corps of professors,

but in the stimulus to thought and to further investigation and study by
the students themselves. The experiment more than realized the antici-
pations of the friends of the University, and it was resolved . by the
Eegents to renew the course of lectures during the scholastic year ending
in July, eighteen hundred and seventy-two. In one day after this resolve
was madepublic three hundred and fifty students entered their names
on the register as regular attendants, and a very large number made
application for admittance who could not be accommodated in conse-
quence of the limited dimensions of the hall. More space, however, was
assigned to visitorSj so that the regular attendance reaches the full figure
of the previous year. Including these, the whole number of students
receiving regular instruction from the University during the present
term is eight hundred and fifty-five.

THE AGRICULTURAL COLLEGE.

The Agricultural College established in connection with the Univer-
sity offers a most complete course of instruction, running through the
full period of four years necessary to obtain a degree. Those who may
be unable to remain so long, or who do not desire to graduate, may take
a " special course," or may devote themselves to one or more of the
branches iutent|^d for their especial benefit. The course of instruction
in this college embraces, besides the full mathematics, the modern lan-
guages, and other essentials to a polite education, the following branches
for the technical instruction of the agriculturalist, viz: agricultural chem-
istry, zoology, mechanics, horticulture, analytical chemistrj^, illustrated
in the laboratory, geology, agriculture, botany, physics, veterinary sci-
ence, rural economy, diseases of animals and plants, laboratory practice,
and forestry. Despite the attractions here ofl'ered no students applied
for admission to this college, and it became apparent that some expe-
dient must be adopted, as in the case of the Mechanic Arts College, to
bring the University in contact with the agriculturalists of the State.

To this end the Eegents, on the twenty-first of June, eighteen hundred
and seventy', resolved "that in order to extend the advantages of the
Agricultural College of the University to the largest possible number of
citizens, and especiall}" to persons practically interested in farming, fruit
culture, wine making, wool growing, and stock raising, the Professor of
Agriculture, Agricultural Chemistry, and Ilorticultwe shoitld visit, as
far as possible, all the agricultural counties and centres of population in
the State, and in every convenient neighborhood where accommodations
can be obtained deliver one or more lectures, illustrated when practica-
ble, upon subjects connected with agriculture likely to be of most value
and interest to the people of the locality.

" In these lectures it shall be his care to disseminate such information
derived from study, from observation, from correspondence, and from gen-
eral experience as will be of use to farmers, frtiit growers, and stock
raisers of the State, having special reference to the imparting of valuable
information upon the nature and best mode of culture of such new crops,
fruits, trees, and vines, and the preparation of their products for market,
as may bo adapted to the soil and climate of California, and likely to
increase the productive resources of the State. This course of lectures
shall embrace the branches for which instruction is now jirovided in the
Agricultural College of the University and all kindred subjects, it being
the intention of the Eegents, by the course here adopted, to transfer the

Agricultural ColleE^o from the closet to the fickl,. and make its instruc-
tions of practical value to the people of the State.

"During- hi.s tour through the State, the Professor of Agriculture shall
carefully examine the growing crops, study their culture, noting particu-
larly any excc])tiortal influence calculated to improve or to injure them,
and communicate the results of his ohservations iu his lectures. He
shall take special pains to collect statistics of the crops, flocks, and herds
of the State, and shall report them for publication. He shall open com-
munication with all local agricultural societies, and so far as possible,
place his services at their disposal, and deliver his instructions under
their auspices.

^'Hesolved, That the Board of Eegents will take charge of and will
themselves procure, as far as possible, from all quarters, at home and
abroad, rare and valuable seeds, and will distribute the same through
their Secretary and Professor of Agriculture throughout the State, to
such persons as ma}' desire to test their growth."

In pursuance of this resolution, Professor E. S. Carr has been dili-
gently engaged for the past year in lecturing in all parts of the State.
He has had large and attentive audiences, and it is not too much to say
that through him thousands have received the benefits of the instruc-
tions of the Agricultural College of the University.

BUREAU OF MILITARY INSTRUCTION.

This department was organized and put into operation in the fall term
of the year eighteen hundred and seventy, in i^ursuance of the law of
Congress and of the State of California.

In view of the fact that a sufficient number of "able bodied male
students " to constitute a brigade would doubtless be found in the
University at no distant day, the organization has been upon that
hypothesis.

The number of students attending at the University up to the present
time has been great enough to form a battalion of four companies, and
such a battalion has accordingly been organized, equipped, and
instructed.

These young men have been practically and theoretically instructed
in infantry tactics, beginning with the school of the soldier, and pro-
ceeding upwards to the schools of the squad or platoon, company, and
battalion.

All the time available for this purpose, without trespassing upon that
due to other departments of instruction, has been made use of. This
time has been one hour per day on two or three days of each w^eek.

This amount of military instruction would, it is thought, have met the
requirements of the law, strictly construed; but more and further
instruction has been thought necessary to meet the necessities of the
citizen soldier of the present day, when it is remembered that other
nations throughout the civilized world have greatl}^ increased the amount
of militaiy information, which they disseminate among the people.
Accordingly, a series of lectures, extending over a good portion of the
academic year, has been delivered by the Chief Military Instructor to
the students on the following topics and branches of military science,
to wit:

The composition and organization of armies, both ancient and modern,
showing the nature, use, proportions, and respective advantages of the
different kinds of troops. The supply of armies, showing the methods

of arming, equipping, clothing, and feeding troops in the United States
and the leading military powers of Europe. The moving of armies,
treating of the marching and transportation of troops, botli in time of
peace and war, in a friendl}^ country and in the vicinity of an enemy;
passage of rivers by all the usual methods, including the construction
and service of powtoon bridges; field fortification; theory of fire and
target practice; the main i:>riuciples of strategy; the history of small
arms, etc., etc.

This course of instruction in military matters it is believed is more
thorough and extended than in any civil college in the country, and
cannot fail to be highl}^ beneficial to the State and to the nation at large.

Muskets of the United States regulation pattern of Springfield rifle
were issued to the students, the State having no others. Eut they are
entirely unsuitable to the strength of the students in general, being too
heavy, and besides of a style of construction now obsolete. Arms of
the newest patterns of breechloaders, and still better, of repeating rifles,
ought to be issued to the students for purposes of instruction, and they
should be of different grades of weight, to suit the different degrees of
strength of those who are to use them.

It is earnestly hoped that the matter of procuring suitable arms for
the students may meet with the attention and favorable consideration of
the Legislature. For the present, two hundred stand of rifles would be
sufiicient.

The instruction in military matters has been given by the Professor
and Assistant Professor of Mathematics, in addition to their regular
.duties.

PURCHASE OF PROPERTY.

It being apparent that a considerable time must elapse before the new
buildings, to be erected on the site at Berkeley, could be ready for the
use of the University, the Eegents, on the twenty-fifth of Ma}*, eighteen
hundred and sevent}'', accepted the proposition of the Trustees of the
College of California to convey all the property of said college, both
real and personal, on condition that they (the Eegents) should pay all
the debts, as per schedule, amounting to fifty-four thousand and fifty
dollars, of said college.

The property thus conveyed embraced block nunijjer one hundred and
seventy-three, situated in the heart of the City of Oakland, and bounded
by Twelfth, Webster, Thirteenth, and Franklin streets, having a front-
age of two hundred and forty feet on Franklin, three hundred and forty
feet on Thirteenth, two hundred and forty feet on Webster, and three
hundred and forty feet on Twelfth street — in all eleven hundred and
sixty feet frontage, together with the S2)acious and convenient college
building situated thereon, which was considered ample for the imme-
diate wants of the University. In addition to the above the conveyance
from the Trustees of the College of California embraced a large amount
of valuable land adjoining the University site at Berkeley, more partic-
ularly described as follows: Eighteen and twenty-five one-hundredths
(18 25-100) acres of land in plot number eighty-two, as designated and
numbered on Kellersberger's map of the ranches of Vicente and Domingo
Peralta; sixty-four and forty-nine one-hundredths (6-1 49-100) acres of
land in plot number eighty — about two hundred and thirty acres of land
in the mountain tract adjoining, and lots numbers one to eleven inclusive
in block B; lot forty-nine in block F; and lots numbers twenty, twenty-
one, twenty-three, twentj'-four, twenty-six, twenty-seven, twenty-eight.

twenty-nine, thirty-one, and thirty-two in block D, making twenty-two
lots in all in the College Homestead atijoining the Berkeley site.

The block in Oakland, with the valualde buiblings thereon, was valued
by experts at thirty-two to thirty-lour thousand dollars, and the outside
property at thirty thousand, showing a total valuation of about sixty-
two thousand dollars. The purchase of all this property for the sum of
fift3'-l'our thousand dollars by the Regents was considered a very advan-
tageous operation for the State, while it supplied a pressing need of the
Univei-sit}-, furnishing ample accommodations for the number of students
then applying for admission.

By an Act of the Legislature, approved January sixth, eighteen hun-
dred and seventy, the Eegents of the University were authorized to
organize and establish a " Preparatory Department " for the jDurpose of
pi-eparing j'oung men for the University, and for that purpose they were
empowered " to secure the necessary buildings, by purchase or otherwise."

In the exercise of the powers thus conferred, the Eegents agreed, on
the eleventh day of Xovember, eighteen hundred and seventy, to pur-
chase, lor the sum of eight}' thousand dollars, the jDroperty in Oakland
known as the Brayton School property, consisting of two full blocks of
land, designated as blocks numbers one hundred and seventy-two and
one hundred and ninety-three, and bounded by Twelfth, Webster, Four-
teenth, and Harrison streets (immediately adjoining the property pre-
viously purchased of the College of California,) together with the extensive
buildings and all the furniture therein situa^d thereon. This property
was subject to a mortgage to the San Francisco Savings Union for fifty
thousand dollars, with interest at the rate of ten and one-half per cent
per annum.

The Eegents acquired title to this property by assuming this mortgage
of fiftj' thousand dollars, and b}' conveying to the representatives of the
Brayton estate all the outside lots and tracts of land acquired from the
College of California at a valuation of thirty thousand dollars, the same
put upon it at the time of the transfer from said College of California.

At the same time the Eegents stipulated for the right to purchase
of the Brayton estate block number one hundred and ninety-two, so as
to complete the quadrangle with the college block, for the sum of twenty
thousa];d dollars.

Of this privilege the Eegents afterwards availed themselves, and on
the seventh day of February, eighteen hundred and seventy-one, received
a conveyance from the Brayton estate of block number one hundred and
ninety-two, for which the sum of twent}' thousand dollars in cash was
paid.

By these several conveyances from the College of California and from
the Brayton estate the}' have acquired title to four contiguous blocks in
the centre of the Cit}' of Oakland, bounded by Twelfth, Franklin, Four-
teenth, and Harrison streets, with the valuable and extensive buildings
thex'eou, well furnished and equipped for immediate use, and believed to
be ample for the accommodation of six hundred (600) students.

The whole property has cost about one hundred and twenty-five thou-
sand dollars, of which seventy-five thousand dollars was paid in cash and
a mortgage of fifty thousand dollars was assumed. This mortgage bears
interest at the rate of ten and a half per cent per annum, but arrange-
ments have been made to reduce the interest to nine per cent per annum.
Experts familiar with the value of this property are of the opinion that
it could be sold to-day, if necessary, for a handsome advance on the
pricie paid for it by the Eegents.

THE BUILDINGS AT BERKELEY.

In full expectation that the Agricultural College lands transferred to
the University would be sj^eedily sold and the interest from the proceeds
thereof be available, and relying further upon the benefits to arise from
the Universit}' endowment bill passed by the Legislature April second,
eighteen hundred and seventy, from both of which sources it was
expected ample means would be obtained to pay the current exj)ensc3
of the University, it was resolved by the Eegents to devote the funds
then in their hands to the construction of suitable buildings to be
erected on the beautiful site of two hundred acres belonging to the
University at Berkeley.

The jDlans of the architects as adopted contemplated the erection of
six spacious and elegant buildings, to be known respectively as the Col-
lege of Agriculture, the College of the Mechanic Arts, the College of
Civil Engineering, the College of Mines, the College of Letters, grouped
around a grand central building to be known as the Hall of California.
It was hoped that the whole would be realized at no distant day, but it
was not expected to build at present more than one princij^al structure
so arranged as to meet all the j)ressing immediate wants of the Univer-
sity.

Accordingly, on the twelfth of April, eighteen hundred and seventy,
the Executive and Building Committees were instructed b}' vote of the
Board "to cause the foundation of the Agricultural College Building to
be laid without delay." ^

Bids were at once invited by the committees for the various classes of
work needed in the construction. In response forty-one bids were
received, which were opened on the twenty-fifth day of May, eighteen
hundred and seventy, but in consequence of the receipt of a communi-
cation from the Attorney General, giving it as his opinion that the work
must be done by days' labor, and not by contract, the committees declined
to award the contracts, and referred the whole subject to a full Board of
the Eegents.

At a meeting of the Board held on the twenty-fifth of May, eighteen
hundred and seventy, it was resolved in obedience to the opinion of the
Attorney General to reject all bids received, and the Building and Exec-
utive Committees were directed to cause the foundation of the Agricul-
tural College to be built by days' work, in accordance with the require-
ments of the Act of the Legislature, approved April fourth, eighteen
hundred and seventy.

On the fourteenth of April, eighteen hundred and seventy, the Execu-
tive and Building Committees, acting jointlj", by virtue of authority con-
ferred by the Board, elected Mr. J. W. Duncan Superintendent of Con-
struction, and fixed his compensation at two hundred dollars per month.

Work was commenced on the Agricultural College building, at Berke-
ley, on the twenty-eighth day of May, eighteen hundred and seventy.

The basement, constructed in the most substantial manner of brick
and granite, was nearly completed by January, eighteen hundred and
sevent3^-one, when it became apparent that the failure of the resources
expected from the sale of the Agricultural College lands and from the
Endowment Fund would not permit any further expenditure on building
account.

Accordingly, on the twenty-third of January, eighteen hundred and
seventy-one, the Eegents resolved '•' that the finances of the University
would not justify them in exj^ending the large amount necessary to

complete the work," and they directed the Superintendent to Buspend
all work upon the buildings from and after January twenty-eighth, eigh-
teen hundred and seventy-one, and to have the same securely covered in
by that time. This was done, and by order of the Board the salary of
the Superintendent was suspended from and after February twenty-
eighth, eighteen hundred and seventy-one. Subsequently it was repre-
sented that the workmen would be willing to go on and complete the
basement, and accept in payment for their services certificates of indebt-
edness, payable Avhen the Legislature shall place the necessary funds to
the credit of the University.

It was considered so important that a resolution was introduced into
the Board, instructing the Superintendent to continue work on the build-
ing until the basement should be completed, and providing:

" That when the bills for labor or materials are properly audited and
allowed, certificates of indebtedness shall be issued, signed by the Pres-
ident and Secretary of the Board, payable whenever there are funds on
hand for that purpose and the same shall have been ordered paid by the
Board of Eegents."

Anxious as the Board were to complete the work, they did not feel at
liberty to accept the credit thus offered. They were unwilling to force
upon the Legislature the alternative to pay a large indebtedness on
account of work done upon the building, or let the mechanics and labor-
ers go without pay for an indefinite period. The resolution was there-
fore rejected, and on the twenty-first of March, eighteen hundred and
seventy-one, the following was adopted instead:

^^ Resolved, That in consequence of the state of the finances of the Uni-
versity, it is impossible to make any further expenditure for building
on the grounds at Berkeley or elsewhere."

The building has been covered in, so as to protect it from damage, and
all the tools and appliances have been safely housed — the whole still
under the charge of the Superintendent of Construction, Avhose compen-
sation is meanwhile suspended.

Should the Legislature see fit to provide the means, the entire building
can be completed and made ready for occupation in the course of one
year.

SALE OF AURICULTURAL COLLEGE LANDS.

At the date of our last report to the Legislature, to wit: on the twelfth
of December, eighteen hundred and sixty-nine, twenty-three thousand
(23,000) out of one hundred and fifty thousand acres of Agricultural
College lands had been sold, at the rate of five dollars, gold, per acre;
of which fourteen hundred acres were full paid, producing seven thou-
sand dollars; and on the remainder, twenty-one thousand six hundred
acres, twenty (20) per cent, equivalent to one dollar ($1) per acre, was
paid up, realizing twenty-one thousand six hundred dollars; in all,
twenty-eight thousand six hundred dollars, leaving due the sum of
eighty-six thousand four hundred dollars, bearing interest at the rate
of ten per cent per annum.

Owing to the many difliculties attending the location of these lands

Ender existing laws, but few sales were made, and it became apparent
that some means must be devised to attract purchasers, or the remain-
der of the grant would prove almost worthless, for many years, at least.

Accordingly, on the thirtieth day of I^Jovember, eighteen hundred and
sixty-nine, the Regents addressed a memorial to Congress, setting forth
the difficulties encountered in locating the Agricultural College lands,
and asking the passage of a law rolieving them from certain restrictions
and conferring additional privileges.

It was found that the location within the limits of California of large
amounts of the agricultural scrip of other States, and the reservation of
immense tracts for the beuetit of I'ailroads, had absorbed so much of the
desirable public lands of the State as to leave but little, and that scat-
tered here and there, and lying in the most distant parts of the State,
whereon to locate our grant. To compensate in some measure for these
disadvantages, Congress was asked —

First — To strike out from section two of the Act approved July sec-
ond, eighteen hundred and sixty-two, which requires that the lands
granted for the support of a College of Agriculture and the Mechanic
Arts, " shall be apportioned to the several States in sections, or sub-
division of sections aot less than one quarter of a section,'" the limitation
clause, "not less than one quarter of a section," so that the Eegents
might be allowed to locate in the same manner as preemptors; that is to
say, by legal subdivisions, the smallest of which is forty acr^s, increasing
by multiples of forty acres.

By an Act of Congress, ajjproved March third, eighteen hundred and
seventy-one, this privilege was conceded, and thereby the Eegents were
enabled to make title to many small subdivisions of public lands left by
the irregular boundaries of pi-ivate land claims, the angular lines of de-
marcation between the swamp and highlands, the sinuosities of the sea
coast, and the meanderings of rivers.

Second — The Act of Congress, approved June eighth, eighteen hundred
and sixty-eight, required the State to surrender two acres of her grant
in order to locate one acre within the limits of a railroad reservation.

Congress was asked to allow, and by the Act of March third, eighteen
hundred and seventy-one, did allow the Eegents the privilege of acquir-
ing title to a given number of acres within a railroad belt, by surren-
dering an equal number of acres of the Agricultural College grant, and
by paying therefor, to the Government, an additidial sum in cash, at
the rate of one dollar and twenty-five cents per acre.

The effect of this provision was to enhance materially the value of
the University scrip.

Prior to the passage of the Act of March third, eighteen hundred and
seventy-one, parties desiring to purchase the University's right to locate
lands within a railroad reservation were compelled to surrender two
acres, costing them ten dollars, in order to acquire title to one acre of
public land. At present such parties pay but six dollars and twenty-
five cents per acre, of which five dollars belongs to the University, and
one dollar and twenty --five cents is to be paid to the General Govern-
ment, on receipt of a patent for the land.

In the Act referred to, Congress further conceded to the State the
valuable privilege of locating her agricultural grant upon unsurveyed
lands, the costs of survey to be paid by the Federal Government, in case
there should be sufficient of the appropriation remaining; otherwise the
Expenses of the survey for field work to be paid by the State; and it
was still further provided that the Regents representing' the State

•hould, for thirty days after the filing of the plats of lands surveyed af!
their request, have the exclusive privilege of locating such lands.

The passage of this law has operated to remove obstacles that have
hitherto embarrassed the disposition of the hinds; and it is hoped that
it will enable the Regents in time to effect t-he sale of the entire grant.

Since December twelfth, eighteen hundred and sixty-nine, the follow-
ing have been sold:

Two thousand five hundred and seventy-five and thirty-j
two one hundredth acres for five dollars per acre,
cash, realizing I $12,876 60

Twelve and twentj'-three one hundredths acres for sixl

dollars and twenty-five cents per acre, cash, realizing..! 76 45

Six thousand four hundred and eighty-one and ninety onei
hundredths acres for five dollars per acre, of which |
twenty per cent was paid i 6,481 90

Five hundred and sixty acres for six dollars and twenty-!

five cents per acre, of which twenty per cent was paid,! 700 00

Total, nine thousand six hundred and twenty nine and forty-
five one hundredths acres, realizing in cash a total of..j $20,134 95

Twenty-eight thousand six hundred sold previously, realiz-i

ing in cash a total of. | 28,600 00

Total, thirty-eight thousand two hundred and twenty-nine

and forty-five one hundredths acres sold for cash $48^734 65

Leaving due on account of principal (eighty per cent) the

sum of. $115,127 60

From the detailed report of the Land Agent of the University hereto
appended, it will be seen that applications have been filed in the United
States Land Offices in the name of the University, at the request of par-
ties desii'ing to purchase, for thirty-five thousand four hundred and
eighty-one and twenty-six one hundreths acres of surveyed lands.

Every effort has been made to secure a decision, but up to this time
no action has been taken by the United States ilegisters on these appli-
cations.

In addition, applications have been made to purchase one hundred and
sixty-eight thousand eight hundred and eighty acres to be located on
unsurveyed lands. Of this large amount, one hundred and forty thou-
sand acres are believed to be valuable for timber only. Prior to June
fifteenth, eighteen hundred and seventy-one, the price of all lands was
fixed at five dollars per acre, of which the purchaser was required to
pay one dollar in cash, a credit being allowed for the remaining four
dollars per acre, with interest therefrom at the rate of ten per cent per
annum.

Applications having been made for large tracts of timber lands, the
Regents, anxious to prevent a monopoly, adopted on the fifteenth of
June, eighteen hundred and seventy-one, a resolution requiring pur-
chasers of timber lands to pay the full amount — five dollars per acre in
cash. The effect has been as expected, to cause parties seeking vast

tracts of unsurveyed timber lands to abandon, practically, their applica-
tions.

Of the one hundred and fifty thousand acres of the Agricultural Col-
lege grant, it will bo seen that thirty-eight thousand two hundred and
twenty-nine and forty-five one hundredths acres have been sold, and one
hundred and eleven thousand seven hundred and seventy and fifty-five
one hundredths remain to be sold. Application has- been made for a
much larger amount of land than the Eegents have to dispose of; but it
is believed many of the applications now on file in the United States
Land Ofiices will bo rejected, while many have been or will be abandoned
by the applicants. The Eegents trust that they will be able, in time, to
dispose of the whole one hundred and fifty thousand acres, and to realize
therefrom a fund that, it is hoped, will prove sufficient for the support of
the University.

In the meantime, however, their resources are fast diminishing, with
no immediate prospect of increase except by the liberality of the Legis-
lature, to whom an appeal must be made for aid.

On the ninth of January, eighteen hundred and seventy-two, the cash
in the hands of the Treasurer of the University amounted to ten thou- •
sand eight hundred and twenty-seven dollars and thirty cents. The
fixed expenses for salaries of Professors and officers amount to about
three thousand eight hundred dollars jjer month; so that the funds at
present available will not maintain the University longer than March,
eighteen hundred and seventy-two.

The Endowment Fund, created by Act of the Legislature approved
April second, eighteen hundred and seventy, has, for reasons well under-
stood, yielded as yet no fruits. But a small revenue has been derived
from the sale of lands.

For the present the University is entirely dependent upon the Legis-
lature of the State for the means to continue its existence. There is no
avoiding the issue. The University, with resources in prospect which
we trust will be sufficient; with capacities for usefulness already devel-
oped and recognized by men of learning and science; Avith a catalogue
embracing the names of nearly eight hundred students; with a rej)uta-
tion for efficiency fast growing — and all attained within the brief j)eriod
of three years, must be sustained for a time by the liberality of the
State, or it must be abandoned. Without such aid it cannot be maintained
more than two or three months longer. The mere statement of the case
is the strongest appeal that could be made. It remains with the Legis-
lature to say whether our noble young University shall be permitted to
die an ignominious death, all hopes of higher culture for the ambitious
youth of California be abandoned, and our State become a scoff and a by-
word among the enlightened communities of the world, or whether it
shall go on extending its usefulness, enlarging its capacity, diffusing its
blessings, helping to attract to our shores families with a taste for higher
culture from other lands, and developing the talent of the aspiring young
spirits of the Pacific coast.

Shall we close our doors, and turn away the eight hundred students
who are now thirsting for knowledge? That is the question for the
Legislature to decide. We submit the case without argument.

For the Eegents of the University.

ANDEEW J. MOULDEE, Secretary.

RECEIPTS AND DISBURSEMENTS.

THE EEGENTS OF
Beceipts and Disbursements from Decern

RECEIPTS.

Balance of cash on hand December 12th, 1869

From University Fund:

Eeceived from the State Treasurer

From Agricultural College lands:

2,575y\2^ acres sold at $5 per acre

12-j2^ acres sold at $6 25 per acre

6,481^"-^ acres sold at $5 per acre, of which twenty
per cent cash was paid, and remainder on time,
and bearing interest at ten per cent per annum....

560 acres sold at $6 25 per acre, of which twenty

per cent cash was paid, and remainder on time,

and bearing interest at ten per cent per annum.,..

From interest

From the Trustees of College of California:

. Repayment of loan

From the University Water Company:

From water rates

From land fees

From Preparatory Department

From tuition fees of students

From insurance account:

Eeceived from the Pacific Insurance Company pre-
mium returned on policy canceled ^

Balance of cash on hand, January 1st, 1872

$126,296 58

117,450 00

12,876
76

60
45

6,481

700
11,072

00
55

6,500

1,009
461
500
200

75
00
00
00

95 50

$283,720 33

$13,415 75

San Francisco, January 1st, 1872.

THE UNIVEESITY.

ber I2th, 1869, to January 1st, 1872.

DISBURSEMENTS.

For salaries of President, Professors, Land Agent, Secre-
tary, Janitor, and Messenger

For College of California

For building account

For Brayton property

For equipment and repairs

For University site improvements

For University AVater Company

For rent

For apparatus and technical library

For architect's plans

For legal expenses

For libraiy account

For free scholarships

For Preparatory Department

For general expenses

For insuran ce

For traveling expenses of Professor of Agriculture while
delivering lectures

For interest

For Contingent Fun d

For Commencement exercises

For advertising and printing

For supplies

For office expenses

For stationery account

For Periodical Fund

For telegraphing and expressing

Balance on hand January 1st, 1872

Total

894,692 64

54,430 04

54,373 72

21,515 00

8,508 54

8,089 37

4,774 34

3,540 00

3,224 04

2,500 00

2,078 75

1,859 97

2,000 00

1,590 00

1,471 30

1,081 18

852 50

835 57

700 00

609 50

471 52

444 59

289 38

251 85

75 00

45 78

13,415 75

$283,720 33

REPORT OF COMMITTEE

Public Grounds and Buildings

STATE UNIVERSITY BUILDING.

T. A. SPRINGER STATE PRINTER.

REPORT.

Mr. Speaker:

The Committee on Public Buildings and Grounds, to whom was
assigned the duty of investigating the aifairs of the State University
Building now in course of construction at Berkley, in Alameda County,
would report that the committee visited and carefully examined the
University grounds and the buildings thereon, also the books and
accounts connected therewith as kept by the Board of Regents and the
Superintendent of Construction, and as the result of the. investigation
would submit:

That the basement of the building now in course of construction, and
which it is intended shall be known as the College of Agriculture is
but partially com^Dleted, and that all work thereon has been suspended
since the month of January, eighteen hundred and seventj^-one.

That said basement is being constructed of granite and brick, rest-
ing upon a foundation of stone laid in cement, varyi})g, in consequence
of the unevenness of the foundation of the earth, from five feet four
inches to ten feet and eight inches in depth. That the upper three feet
of said foundation is two feet and two inches thick, and that the remain-
ing and lower portion is five feet thick, and to which there is an addi-
tional thickness of two feet given in several places, aggregating about
ninety (90) feet in length, and rendered necessary by the more than
ordinary weight said parts or places will be required to sustain.

That the building has thus far been constructed upon the most
improved plans with reference to the puri:)oses (the chemical laboratorj')
for which it is intended it shall be used, there being nine niches for
crucible furnaces built in the wall and eighteen flues, encased with fire
brick, for other furnaces, all of said flues starting within three feet of
the basement floor.

That to complete the outer walls of said basement will require the
laying of two more courses of stone all around, and of probably about
three courses on one half the wall; that there are now on the ground
and paid for stone, brick, and sand enough to complete said basement.

That the iron and woodwork for frame of first floor is on the ground,
and ready to be placed in position. There is also on the ground more
lumber than will be required to complete the framework of the entire
structure.

The absence of water on the premises necessitated the bringing of
it from a distance of over a mile in iron pipes from springs which have

an elevation of two hundred feet above the University grounds, and
which are capable of furnishing a daily supply of thirty thousand
gallons.

The water works are of a permanent character, and capable of supply-
ing the demand for all time.

There have also been erected workshops, living apartments, and store
houses, rendered necessary for the use and convenience of those
employed on the building, and in Avhich there are properly stored a
very large and complete assortment of mechanical tools and implements
necessary for the construction of the building.

From a careful examination of the books of the Superintendent of
Construction and of the Secretary of the Board of Eegents we find that
the following expenditures have been incurred, to wit:

To labor and materials used in building and on hand

To water works

To Superintendent's house, tool house, carpenter shop,
blacksmith shop, boarding house, and grading Univer-
sity grounds

To labor and materials used and condemned to change
foundation, and salary of H. L. King superintending
same

W. Hunter, in settlement of contract amended

Examining artificial stone in Chicago

Office furniture, tools, and implements

Total expenditures

$44,658 66
4,337 91

4,240 06

1,480 00

1,000 00

127 00

3,000 00

$58,838 63

The committee find that the material used is of the best quality, and
the workmanship, both as regards appearance and durability, to be of a
ver}' superior order, reflecting credit on the Board of Regents who
designecl, and the Sujierintenaent and workmen who executed it.

The books and accounts of the Secretary of the Board manifest the
greatest care and attention in their keeping, vouchers being filed for
every item charged.

The committee, in conclusion, believe, considering the magnitude of
the building and excellence of the workmanship, that the cost has been
reasonable, and the general management of the institution just and
economical.

The committee most earnestly recommend that an appropriation of
one hundred thousand dollars be made by this Legislature to aid in the
completion of said building, believing that the judicious expenditure of
which sum will enable the Board of Regents to furnish proper accom-
modations within one year for two hundred and fifty or three hundred
pupils.

E. H. PARDEE, Chairman.

REPORT OF THE JOINT COMMITTEE

TO IXQTJIKE I>'TO AST) REPORT UPON THE CONDITION OE THE

PUBLIC AND STATE LANDS

LYING WITHIN

THE LIMITS OF THE STATE,

T. A. SPRINGER STATE PRINTER.

REPORT.

Mr. President :

The committee appointed by concurrent resolution to inquire into and
report upon the conditiou'bf the public and State lands lying within the
limits of the State, have carefully examined and inquired into the mat-
ters confided to them, and have taken the testimony of all accessible
witnesses supposed to possess any knowledge of the matter in question,
and have collated such evidence as suggested itself as being important
in the said connection, and respectfully recommend that the report and
testimony submitted be ordered to print, and become a part of the ap-
pendix to the journal.

TUENER,

Of the Senate.
DAYS,
TUENEE,
WAED,

Of the Assembly,

REPORT.

Ill entering- upon the consideration of the important questions involved
in the matters which it is the province of the Joint Committee of the two
Houses oi' the Legishiture to examine into and report upon, we have
thought it proper to make the foUoAving prefatory remarks by way of
introduction:

In pursuing this mvestigation during the limited time allotted us for
the consideration of matters of such vital interest to the welfare of the
entire people of our State, the importance of the subject has been made
more manifest the farther we have progressed in its examination, and
the prolonged consideration of all matters bearing upon the main points
in the issue involved. In fact, as we advanced we have found the evi-
dence increasing to such an extent, and the examples of gross fraud and
inexcusable wrongdoing in various quarters so numerous, that it has
been difficult to discriminate in the premises. Instead of presenting the
mass of testimony submitted to us in the categorical form of questions
and answers, we have deemed it more to the purpose of this investi-
gation to give the matter under the various heads to which it would
most appropriatel}' seem to belong.

Upon the landed system of a country its solidity is based and its
prosperity is mainly dependent. The title to real property and the
tenure bj' which landed estates are acquired and held is of the utmost
importance to the advancement and well-being of the State, and the
healthy condition of the body politic. It is a fixed fact as old as the
feudal system by which large bodies of land, the common heritage of
humanity, wei*e held by the few to the detriment of the many, that
nothing so conduces to real manhood and sterling independence as a fee
simple in the soil. To be a nation of freemen it must of necessity be a
nation of freeholders. The earth, which was fixed by irrevocable decree
as man's abiding place, was designed as the rightful heritage of the
man}-, and not as the privileged allotment of the few. One of the prin-
cipal causes of our unprecedented progression as a nation, our rapid
advancement as a people, has been the liberal landed system projected
by the wise policy and farseeing sagacity of the fathers of our llepublic.
The evils of the feudal system and of exclusive tenure to large bodies of
land impressed upon them the necessity of throwing open to the great
family of man an immense public domain, upon which, instead of being

a mere retainer or tenant at will of the lord of the soil, the actual set-
tler could acquire, upon the most liberal and eas}' terms, the fee in the
land he cultivated and improved, and should in time leave as an inher-
itance to those who came after him.

This liberal and enlightened policy was the means of bringing to our
shores the better classes of the overcrowded population of the Old World,
and it was the proud boast of our people that this was the land of the free
and the asjdum of the oppressed of all nations. As the additional Terri-
tories of the Great West — a region unsurpassed in fertility and uncciualed
in its great natural advantages — were organized, and in course of time
admitted as States into the Federal Union, the benefits of this system
were made still more manifest, and the wisdom of our forefathers more
strikingly apparent. Contrasted with that relic of semi-barbarism, the
manorial tenure — itself an offshoot of the feudal sj^stem — entailed upon
the i^eople of JSTew York during her colonial existence, how distinctly
manifest are its incalculable benefits. With the manifold blessings
arising out of so well ordered a policy in plain VicAV before us, and the
wise lessons of the abundant experiences of the past for our guidance,
we should have studiously avoided the evils into which we have fallen.
States admitted into the Union since our own have, with by far less
advantages in their favor, outstripped us in population and rank. Offering,
as we do, superior inducements in the unequaled fertility of our soil and
a climate unsurpassed for its mildness, the question naturally arises as to
the cause of our failure to keep pace with the rapid march of our national
progression. The evils which have hitherto so materially retarded our
progress are in a great degree to be attributed to the manner of the dispo-
sal and management of the public domain lying within the borders of our
State. While the policy of other States of more- recent admission into
the Federal Union, in this regard, has been most liberal to the honest
and industrious settler upon the soil, who desires to secure a home for
himself and those belonging to him, our own has tended rather to drive
off than to encourage that thrifty immigration which more than all else
would tend to develop the inexhaustible wealth and uneciualed resources
of our chosen land. The system pursued since the organization of our
State has retarded its growth, rejDressed public enterprise, and to a
great degree proved a check to the prosj^erity of our people.

The conditions upon which our State was admitted into the Federal
Union were so broadij' comprehensive in their scope, «nd liberal in their
extent, that we deem it proper to give jilace to one of the most striking
and beneficial features in this connection. The following paragraph
embodied in the Act of admission, is of itself the most conclusive evi-
dence of the facts we have stated:

" Section three. And be it further enacted, that the said State of Cali-
fornia is admitted into the Union upon the express condition that the
people of said State, through their Legislature or otherwise, shall never
interfere with the primary disposal of the public lands within its limits,
and shall pass no law and do no act whereby the title of the United
States to, and righj; to dispose of, the same shall be impared or ques-
tioned; tl)at they shall never lay any tax, or assessment of any descrip-
tion Avhatever, upon the public domain of the United States." (See page
4dt, Hitteli's Digest).

Although the action of the General Government, as evidenced by the
warm welcome extended to our State upon her entry into the Federal

Union, was characterized by a most liberal and enlightened course
toward the hardy emigrant to these distant shores, and the industrious
and well meaning settler upon the public donuiiu, it would seem that our
own internal polie}' has been narrow and circumscribed, short sighted and
ill ailviscd, and b}' no means in keeping with our otherwise most advan-
tageous and attractive surroundings. While the inducements held out
by the younger States of the Great "West to the adventurous immigrant
and industrious settler, whose interests have been carefully guarded,
an<l whose rights are religiously respected, the policy which has
obtained among us and which has been fastened upon the great mass of
our ])c'ople by a pernicious class legislation, seems to have been specially
iuvokeil to aid, abet, and advance the interests of the grasping specu-
lator at the expense of the settler whose dearest rights are directly
invaded. Such enactments have been called into existence to override
the Federal statutes in such cases made and provided, and State action
has set at naught the considerate policy and wise provisions of the
General Government, thus virtually reducing to actual practice the most
odious doctrine of nullification. While the other States, actuated by a
wiser policy and a far seeing discernment as to the ultimate beneficial
result of the system, were content to wait the action of the General
•Government in the premises, a plan of segregating her lands has been
adopted by California utterly at variance with the letter and spirit of
the Federal statutes, framed for the proper protection and government
of these important interests of the people of the State at lai*ge.

OUR STATE SCHOOL LAND SYSTEM.

At the time of her admission into the Federal Union, California was
allowed the liberal patrimony of five hundred thousand acres lying
within her borders to be devoted to the purposes of education and the
supjiort of her common schools. This provision, incorporated in her or-
ganic law, M'as tacitly concurred in and impliedly sanctioned by the
general government. But so far from its being a manifold blessing, real-
izing the anticipations of a grateful public, this gift has rather entailed a
deadly curse upon our people, the remote effects of which will be felt by
generations to come after us. Instead of proving a benefit, it has been
cunningly converted to a fruitful source of fraud, and a powerful means
of perpetuating a grievous outrage and flagrant wrong upon the dearest
rights and best interests of the whole community. Notwithstanding the
original design and intention of this wise and liberal provision was be-
yond all question, and the terms of the Act clearly set forth, the grasp-
ing cupidity of the unscrupulous and designing has converted Avliat was
intended as a great public benefit into an engine of oppression, subversive
of the real good of the people. Instead of its proving a beneficent legacy
to those who are to follow us, a sj-stem has been inaugurated which has
entailed incalculable injury upon generations yet to come — even as the
unfortunate offspring of a diseased and depraved parentage must inevi-
tably suiter from the pernicious results of the evil conduct of their jjro-
genitors.

When we indulge in a retrospective glance at the history of our State,
even for but a few years past, and seriousl}' contemplate the innumerable
evils resulting from pernicious legislation in regard to its school lands,
in direct derogation of the plainest principles of common honesty and
public decency, we should have learned a lasting and impressive lesson
from experience, dictating the avoidance of the errors into which we

have been so blindly precipitated by hasty and ill considered action.
Instead of our State Government proving, as was the true intent and
meaning of its original framers, a proper protection to the rights and
interests of its citizens, through its agency and by the action of design-
ing schemers and grasping and unscrupulous speculators off the public
good, thousands of industrious and thriving citizens, compi'ising the
bone and sinew — the true mind and muscle — of the commonwealth, who,
having settled upon the public domain and set up their household altars
in perfect good faith, have been openly robbed and their rights trampled
under foot. There is abundant evidence, going to show that the most
outrageous and glaring frauds have been and are constantly being prac-
ticed ujjou a large portion of the best class of our people, whose wrongs
call loudly for redress at our hands. The State should no longer turn a
deaf ear to the earnest appeals of this class, but should interpose a
speedy and effectual check upon the system of spoliation and plunder
under which they have suffered, and by a more enlightened policy in the
future endeavor to make some amends for the bad legislation of the past,
which has proved so prolific of ill to this most important interest. Un-
less some remedy is promptly interposed, the existing state of affairs
must for a long series of years be productive of incalculable evil, and the
healthy growth and real prosperity of our State be greatly retarded.
So extended have the manifold evils arising from this cause become,
that it is indeed questionable whether it would not have been better for
the interests of the community at large that the State had never fallen
heir to a patrimony' which has pi'oved such a prolific source of internal
dissension and in so many respects a heritage of evil. Instead of per-
forming its mission in the establishment of schools for the promulgation
of the gospel of peace and good will to men, it has proved a most fruitful
source of strife and dissensions among neighbors and of discord in the
entire community. Radically wrong iu the beginning, we have persist-
ently pursued a line of policy that has measurably retarded the growth
of our State and proved in the highest degree detrimental to the best
interest of her people. While prudence should have dictated a return
to first principles, it has been sought by special and class legislation to
cure the innumerable defects and pal hate the host of evils inevitably
arising out of this pernicious policy. Vexatious suits and interminable
litigation have had their origin in this most erroneous system, which has
proved the apple of discord among our people — the Pandora's box from
which a host of ills have been scattered broadcast over the land.

LIEU LANDS AND HALF-BREED SCRIP.

With regard to lieu wari'ants issued for school land, we have been
informed upon reliable authority that the entire issue is very nearly
exhausted, and under the judicious management of the present Surveyor
General of the State, much of the difficulty hitherto originating from
this soui'ce, may, through the exercise of the requisite and proper degree
of caution in this department, be measurably avoided. Ttie testimony
of a party fully conversant with the details of this matter, given in the
following pages of tiiis report, is directly to the point, and throws con-
siderable light upon this subject, which has hitherto been studiously
kept in the background, and enveloped iu darkness and obscurity. We
trust that the day is not far distant when this prolific source of vexa-
tion, annoyance, and outrageous wrong, will be rendered powerless for
the infliction of further injury.

With regard to what is commonly known as "Half-breed Scrip," which
may in all respects be viewed as one of the worst forms of fraud prac-
ticed u])on our people by ilesigning schemers, there is a fair pros])ect that
the Courts will deal with this matter, and give an enormity unparal-
leled for its brazen effrontery and unequalled venality its just deserts.
It is a tixed fact that through the agency of this most nefarious swindle,
patents have been issued to jjropert}' honestly acquired by the indus-
trious settler, and held in peaceable and undisputed possession for a long
series of years. In one instance, an extensive hotel, with expensive im-
provements belonging to the same, was seizeil upon by this means, and
much vexatious and costly litigation has arisen from this unblushing
species of ras'-ality. The outrageous wrongs committed npon peaceful
communities by unscrupulous swindlers through this channel, are well
known to be founded in the basest fraud, backed up by resorts to the
blackest perjury. Under these circumstances it is gratifying to be able
to state that there is a fair prospect that the parties engaged in this ne-
farious business will be brought to realize in its fullest sense, the aveng-
ing power of retributive justice.

Question One — vState, if you know, how the sixteenth and thirty-sixth
sections have been applie<l for and how one part}' has obtained so much?

To the tirst question I answer that persons desiring to 2:)urchase large
quantities of the sixteenth and thirty-sixth sections would hire other
parties to make affidavits and applications for them, and take from their
" dumnues," as they called them, a deed to the land, and would then tile
the application in the Surveyor General's office and claim to be attor-
neys for the jjarties in whose names applications were filled out. There
is one instance where one man filed about two hundred and eighty appli-
cations, each for three hundred and twent}^ acres, in one day, besides
hundred of others before and since, and controlled them all himself, and
a large number are still on file. Whenever any of these applications
were asked to be approved, the party claiming to be attorney for the
applicants would present his deed and have the certificate issued to him
or to some grantee of his. In this manner the law was evaded. These
api)rovals were not asked until the "attorney" had disposed of the
application to some third party.

Question Ttco — When the school lands have been applied for for specula-
tive pur^^oses, could other parties get upon the record without extraor-
dinary proceedings?

To the seconrl question, I answer that whenever these "dummy"
applications are tiled it is difficult for another person to obtain the land
unless he buys off' the "dummy." For if he applies, his notice will be
returned with notice of the previous filing, and he be directed, if he
desires to contest, to take the matter into the Courts. Some lands have
been tied up in this manner for three years.

Question Three — Has the oath always accompanied the application?

To the third question, I answer that the oath has not alwaj^s, but has
nearly aways, accompanied the application, and in the sixteenth and
thirtj^-sixth sections I think has always accompanied applications.

Question Four — Has there been any irregularity in the location of
" lieu lands," and if so, what?

To the fourth question, I answer that I do not know whether to call
the dealings "irregular" or not, but that it always has been extremely

-difficult for an "outsider" to ol)tain any "lieu land" without paying
some person for information. Thousands of "lieu land" has been tiled
merely for the purpose of disi>osing thereof to some person really
desirous of purchasing land. This may be irregular or it may be a
legitimate method of acquiring information and selling your knowledge.
It would have been better to allow the " lieu land " to be returned and
used in correcting old applications, and not allow number four thousand,
for instance, to be approved, while number sixty-four, having been on
file for many years, needed correction.

SWAMP AND OVERFLOAVED LANDS.

While the history of the management of the school lands of Cali-
foi'nia, so prolific of the disastrous consequences we have endeavored to
demonstrate, and fraught with such bitter experiences of the past, should
prove a salutary warning for our guidance in the future, we are in im-
mediate and startling danger of having irrevocably fastened upon us a
system fraught — if such be within the bounds of possibility — with still
greater evil, and which, if unchecked in its course, bids fair to prove
even more prolific of the grossest outrage and the most criminal wrong.
It would seem that, taking no heed of the past, we are, in the administra-
tion of our affairs in connection with the swamp land interests of this
State, encouraging a scries of flagrant wrongs, the pernicious results of
which are beyond calculation, and the disastrous vend of which it is
impossible to conceive. From the mass of evidence submitted to us,
even in this short and necessarily hurried investigation, it has been
manifestly shown that the system, surrounded as it is with an inter-
minable network of abuses, and opening innumerable avenues to fraud,
through the agency of which the innocent and unsuspecting are made
the victims of the unscrupulous and designing, has already grown to be
a burden so grievous that the quiet forbearance of a jiatient and sufler-
ing people would seem no longer to be a virtue.

This whole system, which was conceived in iniquity, and nurtured in
fraud, has from its inception been fraught with evil. We can avail our-
selves of no more fitting commentary upon the pernicious results to be
apprehended from .his source than is comprised in the following extract
from the "Recollections of a Busy Life," by the sage of the jSTew York
Tribune. In giving a history of his career as a meii^er of the National
Congress, Mr. Greeley refers in the following terms to the first intro-
duction of the Act granting to the various States the control and
disposition of the swamp and overflowed lands lying within their
borders :

"I was placed by the Speaker on the Committee of Public Lands,
whereof Judge CoUamer, of Vermont, was Chairman, and which was
mainly composed of worthy, upright men, intent for standing up for
public right against private greed. Various fair-seeming bills and claims
came before us, some of which had passed the Senate, j'et which we put
our heels on as barefaced robberies. Virginia land claims, a preemption
to part of Rock Island, etc., were among the jobs remorselessly slaugh-
tered by us. At length there came along a meek innocent-looking
stranger, by whom we were nicely taken in and done for. It was a bill
to cede to the several new States (so called), such portion of the unsold
public lands Avithin their limits respectively as were submerged or
sodden, and thus rendered useless and pestilential — that is, swamjDS,

marslios, bogs, fens, etc. These lands', we were told, wore not merely
wortlilcss while xindrained — they bred fevers, ague, and all sorts of
zymotic diseases, shortening the lives of the pioneers, and rendering
good lands atljacent unhealthy and worthless. But cede these lands to
the States, including tiiein respectively, on condition that they should
sell them and devote the proceeds to draining and improving them, and
everything would be lovely, the neighboring dry lands would sell readily,
and the treasury be generously replenislied, etc. There never Avas a
cat rolled whiter in meal, and I, for one, was completel}^ duped. As I
recollect, the bill did not pass at that session, but we re2)orted strongly
in its favor, and that report doubtless aided to carry the measure through
the next Congress. The consequence was a reckless and fraudulent
transfer to certain States of millions on millions of choice public lands,
whole sections of which had not muck enough on their surface to accom-
modate a single fair-sized frog, while the appropriation of the proceeds
to draining proved a farce and a sham. The lands went, all of them
that had standing water enough on a square mile of their surface to
float a duck in 3Iarch, with a good deal more beside, while never a shake
of ague has any pioneer been spared b}^ reason of all the drainage done
under this specious Act. I can only hope that some of us learned a
wholesome lesson of distrust."

(No more truthful description can be given of swamp land swindles
applicable to California than the facts recited in the latter portion of
Mr. Greeley's paper.)

From the mass of individual testimony and general information avail-
able to us, we have selected only such as bears directl}'^ upon the matters
in issue and is in all respects bej'ond cavil or question.

The following testimony of the Eegister of the United States Land
Office, at jMarysville, exhibits a fair sample of the gross injustice prac-
ticed upon the honest settler, who, after having entered upon, improved,
and cultivated for a series of years lands known to be high and dry,
and having complied in all resi:)ects with the preemption laws of the
United States, is in danger of being rendered homeless and defrauded
of his just rights and the legitimate fruits of his years of toil through
the grasping cupidity of a set of cormorants who, acting under the
sanction of a perverted and pernicious State law, seek the ownership
and control of the landed interests of the State.

Examination of L. B. Ayres, Eegister of the United States Land
Office at Marysville.

Question — Are there not many cases that have come to your knoAvl-
edge where the public lands have been claimed as swamp and over-
flowed, outside of the United States segregation lines, and upon which
settlers are now living and have resided for years, improving and cul-
tivating the same?

Answer — Yes.

Q. — Where such settlements have been made, has it not been under
the preemption or homestead laws of the United States?

A.— Yes.

Q. — -In many of these cases is it not a fact that the settlers have in
all respects complied with said laws, and proved up and paid for their
lands, and in. many instances received patents from the Government?

A. — There have been cases where the land has been paid for by the
settler, and patent issued, that has since been claimed as swamp laud;
for instance, there are now suits pending in Yolo County against settlers,
who as eariy as eighteen hundred and fifty-four to eighteen hundred
and sixty-four clainied to have settled upon the land, entered, and paid
for the same, and now hold the patent of the United States.

Q. — Do not the records of your office show that thousands of acres
of the very best quality of lands in the Sacramento Valley, lying out-
side of the United States segregation lines, in different township-^, have
been patented by the Government to various individuals, and are now
claimed by the State as swamp and overflowed?

A.— Yes.

Q. — Do you know the fact that government lands which have been
patented by the GJcneral Land Office, have since been listed by the same
office to the State as swamp and overflowed lands?

A. — I do not. I know, however, that lands have been listed to the
Western Pacific IJailroad which I understand the State now claims as
swamp and overflowed. For instance, townships eight and nine north,
ranges two and three east, and which lists have been approved b}^ the
General Land Office.

Q. — Do the official plats on file in j^our office show that the lands in
various townships, outside of the United States segregation lines, were
returned by the United States Deputy Surveyor as agricultural or high
lands, and that notwithstanding such return by the Deputy, they are
now claimed by the State to be swamp lands?

A. — In many instances — a common thing.

Q. — Is the plat of township sixteen north, range two west. Mount
Diablo meridian, on file in your ofiice?

A.— Yes.

Q. — Is there any grant, or a part of any grant, within the limits of
that township, and if so, about how much of the land does it include?

A. — Y''es, part of the Manuel and part of the Cplus grants are in town-
ship sixteen. About one fourth of the township is grant land.

Q. — Was the lands outside the grant lines returned as high lands, or
as swamp and overflowed, by the United States Deputy Surveyor?

A. — As high land.

Q. — Has not the State recently, and since the survey of the township,
set up a claim to most of the public land therein, and outside the grant
lines, as swamp and overflowed, and has not the United States Surveyor
General directed or requested you to suspend such lands from sale or
entry, on the ground that the State claimed them as swamp land?

A. — The State so claims, and the United States Surveyor General has
80 directed.

Q. — Are there any settlers in this township under the preemption or
homestead laws who have filed their declarutory statements in your office,
and if so, about how many?

A. — Yes, upon nearly all of the even sections.

Q. — Do you know whether these settlers, or any of them, had taken
up claims in this township before it was surveyed?

A. — Y"es, many of them.

Q. — Did you muke an official request of the U. S. Surveyor General to
have this township surveyed ?

A.— I think I did.

Q. — Why did you make such request ?

A. — The settlers desired title and they could not file their intentions
until lifter survey.

Q. — Has the Uijjent of the Eegents of the University ever given you
official notice, that they claimcil any of the lauds in this township ?

A. — Yes, they attempted to claim a portion..

Q. — What is the character of the lands usuall}^ claimed by the Agri-
cultural College under the gi-ant of Congress to the State ?

A. — They claim high or agricultural lands.

Q. — Is the plat of township seventeen north, range two west, now on
file in your office ?

A. — Yes.

Q. — Is there any portion of said township seventeen included in'any
grant, and if so, about how much?

A. — About two thirds.

Q. — Is that portion returned as government land, returned by the U. S.
Deputy Surveyor as high land or as swamp and overflowed?

A. — High land.

Q. — Has not the State claimed that portion returned as government
land, as swamp and overflowed?

A.— Yes.

Q. — Are there not a number of settlers in this towushij) settled upon
the lands claimed as swamp by the State?

A. — There are — on all of the even sections.

Q. — Do you know of one Stevens, who has a preemption on section
eighteeii, township nine north, range three east?

A. — I think I know of a person by that name claiming.

Q. — Has he ever proved up and paid for his land?

A. — I think he has proved up, paid for, and got a certificate of pur-
chase.

Q. — Does not the State claim that land as swamp?

A. — Yes.

Q. — Is there not other cases in township nine north, range three east,
of a similar character to that of Stevens?

A.— Yes.

Q. — Do you remember when the plats in which Big Meadows lie were
filed in your office? ,

A. — October fourteenth, eighteen hundred and sixty-seven.

Q. — Were not the lands in I3ig Meadows listed to the State as swamp
lands before the official plats were filed in your office?

A.— Yes.

Q. — Do you know whether there were any settlers in Big Meadows on
the lands claimed b}^ the State as swamp lands at the time the plats were
filed in 3'our office?

A. — Yes, there were.

Q. — Have you ever been in Big Meadows?

A. — I have.

Q. — Do you know the fact that one Taylor claimed, as swamp and
overflowed, thousands of acres of land which was among the best agri-
cultural lands in that region, and upon which there were many settlers?

A.— I do.

Q. — Did not this Taylor propose to you to go in with him to claim
this land as swamp and overflowed, on the ground that it would be a
money making operation?

A. — He offered to give me one half

Q. — Have you ever been in Indian Valley?

A. — I have.

Q. — "What is the character of the hinds in tliat valley?

A. — It is agTicultural land, and one of the finest valleys in the State.

L. B. AYEES, Eegister, etc.

The testimony of the Eegister of the United States Land Office at
Susanvillo, California, not disclosing any facts not patent in his letter to
the Hon. Willis Druminond, we submit the entire letter for consideration,
omitting the testimony:

United States Land Office, ]

Susan viLLE, California, August 6th, 1871. j

Hon. Willis Drummond, Commissioner, etc.:

Sir: I have the honor to acknowledge the receipt of your letter "K"
of twenty-second ultimo, with acconipanjnng list number twentj^-eight
of swamp lands in township twenty-six north, ranges nine and ten east.
Mount Diablo meridian, and in reply, to state that the official plat of
said township has not yet been received from the Marysville office, and
I cannot therefore make the necessary examination as to what of the
lands included in the list may be in possession of settlers. As soon as
the plats are received the examination will be made and the result for-
warded without delay. I will take this occasion to state that the lands
included in the list are all in Lidian Valley, and are, with the exception
of not to exceed one thousand acres, as good agricultural grain land as
there is in the State, many of them having been cultivated for years;
and that it is a great wrong to the Government and the people that they
should be permitted to fall into the hands of the speculators, to be held
at greatl}^ advanced rates over the Government price, and thus to drive
settlers out of the country or comj-jel them to pay his price for lands
which they are justly entitled to and which they shcflild have the privi-
lege of taking up under the preemption and homestead laws of the
United States. My statement as regards the quality of the lands in
township twenty-six north, ranges nine and ten east. Mount Diablo
meridian, is made from an intimate personal knowledge of them, having
previously resided in Indian Vallej^ for several years. I should deem
myself derelict in duty as a fiiithful public officer if I tailed to make this
statement of facts for the information of the department, and to enter
my protest, as far as this land district is concerned, against the swindling
operation of speculators who claim such lands as are specified in list
number twenty-eight to be swamp lands, and who are claiming the most
valuable lands in all the vallej^s in this district under the same pretext.

In view of the foregoing statement of facts, I would respeetfull^' sug-
gest that the United States Surve^'or General for California be ordered
to hold an investigation as to the character of the lauds specified in list
number twenty-eight at as early a day as practicable.
Very respectfully,

JOHN S. WAED, Eegister.

The folloAving affidavits of citizens of Yolo County still further exem-
plify the evils arising from the frauds sought to be perpetrated upon
the settlers of the State:

Testimony op A. S. Hopkins.

Question — Do j'ou own a ranch in Yolo County?

Answer — I do; the southwest quarter of section eighteen, township
nine north, range three east.

Q. — How did you come in possession of that quarter section?

A. — I purchased it of the i^arty who settled upon it as a preemptor,
after he had proved up and paid for the land at the United States Land
Office.

Q. — Do vou hold the certificate of purchase?

A.— I do\

Q. — AVhat is the date of that certificate?

A. — It is dated on the second day of June, eighteen hundred and
seventy.

Q. — Has Mr. Stevens, the original locator, received any patent for the
land?

A. — He has not.

Q. — Do you know why he has not received his patent?

A. — Because the land is claimed by the State of California as swamp
and overflowed land, of which fact I have been informed b}^ a copj^ of a
letter from the Commissioner of the General Land Office, sent to me by
the Register of the United States Land Office, at Marysville.

Q. — What is the character of the land?

A. — Good agricultural land.

Q. — Was there a crop on the land last year?

A. — There was about eighty acres put in; but on account of the dry
season the crop was a failure.

Q. — How many acres of grain have you had sown for the present
year?

A. — About one hundred.

Q. — What are the improvements on your place?

A. — House, barn, and other outhouses, and two wells.

Q. — Has that land been overflowed the present Winter?

A. — iS'ot that I can ascertain.

Sworn to by A. S. HOPKINS.

Examination of F. H. Eussell.

Question — Do you own a ranch in Yolo Count}'?

Answer — Yes, sir; southwest quarter of section nineteen, township
nine north, range three east.

Q. — How long have you owned this land?

A." — Since eighteen hundred and sixty-eight.

Q. — How long have you had it in cultivation?

A. — The last two years.

Q. — Did you raise a crop of grain on it last Summer?

A. — No, sir; the crop failed on account of the dryness of the season.

Q. — How much of the quarter section did you have in grain last year?

A. — The whole quarter section.

Q. — How much have you in grain the present season?

A. — The whole of it; cultivated and sowed it in November last.

Q. — What is the character of the ranches adjoining yours?

A. — About the same as my own. There arc crops of grain on some of
the adjoining sections, and grain was also put in by other ranchmen last
year, but the crop failed on account of the drought.

Q. — Did you apply for your land as swamp land, lieu land, or school
land?

A. — I applied for it as swamp land, purchased it from the State as such,
and received my patent in eighteen hundred and sixty-eight.

Q. — What proofs did you have to make at the State Land Office when
you applied for the land?

A. — None was required except to state that there was no one occu-
pying or living on it.

Sworn and subscribed to by F. H. EUSSELL.

In this connection we present the following memorial, suhmitted by
numerous sufferers from the outrageous course being pursued, to the
United States Congress, and which has been published b}^ order of that
department of the Government. These documents are entitled to the
greatest weight, and demand the most serious cousidei'ation, embodying
as they do an uniieniable histor}" of the gross frauds and dishonest prac-
tices which have grown out of the system complained of:

MEMORIAL OF SETTLERS ON AGRICULTURAL LANDS IN CALIFORNIA.

To the Senate and House of Representatives of the United States, in Congress
assembled:

The undersigned, citizens of the United States and of the State of
California, settlers in township eighteen north, range one west. Mount
Diablo meridian, Colusa County, respectfully represent that large tracts
of land in said township have been claimed and sold by that State as
swamp and overflowed lands, when the character of said lands is of the
very first qualit}^ of farming and agricultural lauds, equal to any lands
in the Sacramento Valle}:- for the raising of grain; that great portions of
these lands claimed as swamp and overflowed are the homes of settlers
.under the preemption and homestead laws of the United States.

The undersigned therefore pray j^our honorable bodies that some action
may be taken by Congress whereby the rights of the settler, and the
Government as well, may be protected from the speculators who are
claiming large scopes of the most valuable lands in the State as swamp
and overflowed.

A. J. MASON, J. W. PADAN,

G. C. HOWARD, M. DAVIS, Jr.,

AV^LLIAM WEAVER, T. C. McVAY,

H. A. BARBER, T. P. DAY,

JOHN ARM AND, ELIAS E. BROSS,

DAVID ARMAND, A. McGEE,

A. N. BARBER, JOHN A\"ATERS,

JAMES BENJAMIN, WILLIAM H. NELSON,

JAMES BURNS, JOSEPH McVAY,

CALVIN GOREE.

The following affidavits show gross abuses in the swamp land system
of California, and suggest the necessity of further legislation on that
subject.

These affidavits are an index of the condition of the settlers upon large
bodies of agricultural land in different parts of the State:

William Reynolds, being dul}- sworn, upon his oath deposes and says:
That he is a native born citizen of the United States, a single man, and
forty-seven years of age, and resides upon section nineteen, townshij)
seventeen noi'th, range one west, Mount Diablo meridian; which land
he has purchased from the United States G'overument, and upon which
land he has lived continuously since the year eighteen hundred and
fift3'-two, making it his home. That he has improved and cultivated
about two hundred and fifty acres of the land he owns, and has put
improvements upon the same which have cost him at least fifteen thou-
sand dollars. That when he first settled in said township seventeen he
brought five hundred head of horned cattle, the greater portion of which
were cows. That for eight or ten years after his first settlement he
raised on an average each year three hundred head of calves, all of
which stock, with its increase, he pastured on the prairie lands in the
eastern three fourths of said township seventeen, year after year, Sum-
mer and Winter, and has left them all the time, with the exception of
such times as very heavy freshets would occur in the Sacramento liiver
and overflow the greater portion of the valley, the water remaining from
three to ten days, when it \\40uld run down, and stock could agai]] j^as-
ture upon the prairies, which for many years after his first settlement
were covered with an immense growth of wild clover and oats two or
three feet high, and that he could at anytime have cut one thousand tons
or five thousand tons of hay, had it been needed, and this was the case
witja the whole prairie country from Colusa, where he first struck the
prairie country, to Chico, Avhich scope of country he frequently rode
over.

Deponent further saj's that he has been perfectly ftimiliar with all the
prairie land in both townships seventeen and eighteen north, range one
west, and has been for the last eighteen years, and knows of his own
knowledge that the best crops of grain ever raised upon the prairie
lands of said townships were after they had been overflowed by one of
the heavy freshets which have occurred every few years, and that with-
out such overflow no dependence can be put upon raising a good crop of
grain.

And deponent further says that the heavy freshets in the Sacramento
Eiver always occur during the Winter months, and that never since his
knowledge of the country has there been a year that a crop ol grain
coukl not have been put in on the prairie lands in the above named
townships in plenty of time to secure full crops, so far as any overflow
was concerned; that when freshets have occurred the water has always
subsided in plenty of time for putting in grain, and that seasons when
the very highest floods have swept over these prairie lands have been
the seasons when the largest crops of grain have been raised. That if
two seasons in succession occur without these lands being overflowed
there is no hope of getting a crop of grain.

And this deponent says, that from his intimate knowledge of the prairie
lands in townships seventeen, eighteen, and nineteen there is no land that

can be rated as swamp and overflowed, unless the following exceptions,
to wit: in the southeast corner of township seventeen there is perhaps
fifteen acres that is cut up with sloughs, up which sloughs the water backs
from Jiutte Creek and stands in the sloughs until about midsummer, when
they become dry. And in township nineteen another slough occurs, where
there has been standing water in holes through the entire year. And
this deponent further says, that a portion of the land on his ranch was
returned as swamp and overflowed land which has not, during his resi-
dence in the country, and during all the heavy freshets which have oc-
curred in the Sacramento liiver, ever been overflowed at all. And this
deponent further says, that four years ago, when General John Bidwell
was a member of Congress, and who, as this deponent understands, made
an eftbrt to get Congress to afford its aid in constructing an irrigating
ditch or canal from some point high up on the Sacramento Eiver for the
purpose of irrigating the Sacramento valley lands, one L. F. Moulton,
who has claimed, with others, a large portion of the prairie lands in the
eastern half of townships seventeen and eighteen, as swamp and over-
flowed lands, in a conversation wath said deponent, expressed himself as
very much gratified that such a move had been made, for the reason
that the valley lands in said townships were very much in need of some
system of irrigation which could be depended upon, in order to secure
good crops on said prairie lands, both of grain and grass. And this
deponent lurther says, that the said L. F. Moulton was in favor of turn-
ing in Butte Creek, somewhere near Neal's grant, and bringing it down
through townships nineteen, eighteen, anJ seventeen, for irrigating
purposes generally, and especially that it w^ould enable the settlers to
succeed in raising fruit trees and vegetables, the ground being too dry
to secure a successful growth without. And this deponent further says,
that the first Winter after his settlement in the country, and during a
high flood of the Sacramento Eiver, a number of his cattle were grazing
on lands which are now held by said L. F. Moulton — constituting his
ranch, upon Avhich he now resides — and which at that time was under
water, and in such a state that he was obliged, and did, with the assis-
tance of tAvo of his neighljors, Messrs. Bunker and GH>lding, construct
temporary bridges of brush and poles in order to get his cattle out on to
high and dry laud for safety trom the flood, and that such high and dry
land was on some of the 2)rairie lands now claimed by said Moulton and
others as swamp and overflowed, and which this deponent has been in-
formed has been listed to the State as swamp and overflowed lands, such
lands being part of section thirt3'-four and section thirtj^-five, in town-
ship eighteen north, range one west, a short distance east of the preemp-
tion claim of Harry C. JSTelson. The said lands, froni which he was
obliged to remove his cattle in order to save them from drowning, hav-
ing been returned as high and dry land by the United States Deputy
Surveyor, while the land to which he removed them for safety was
segregated as sw^amp and overflowed, and sold by the State as such.

WILLIAM EEYNOLDS.

Subscribed and sworn to before me this seventeenth day of December,
eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, California.

T. C. McVay, being duly sworn, upon his oath deposes and says: That
ho is a native-born citizen of the United States, a married man, and Ibrty-
eii^ht years of age, and has resided in township eighteen north, range one
west. Mount Diablo meridian, for sixteen years. That lie is perfectly
familiar with all the lands in said township, and particularly with the
eastern half of said township, a large portion of which is claimed to be
swamp and overflowed lands, which, instead of being of that character,
are as good grain lands', and as susceptible of cultivation, as any land in
the Sacramento Valley; and that during his acquaintance of sixteen
years with the lands in said township, those claimed as swamp and over-
flowed have been less subject to overflow froni the high freshets which
have occurred in the Sacramento Eivcr about every four years, since he
first knew the lands, than his own lands, and those of some of his neigh-
bors, the said lands claimed as swamp and overflowed being most of
them higher lands; and that during the great flood of eighteen hundi'ed
and sixty-two they were not as much overflowed as his own ranch and
some adjoining ranches; and that since his first acquaintance with the
township, cattle and other stock have pastured on the eastern half of the
same every Winter except the Winter of eighteen hundred and sixty-four,
which was so dry that there was but little or no feed, and but a few
stock ranged there. That during the freshet of the Winter of eighteen
hundred and sixty-seven, when the overflow was as high as an}^ freshet
that had occurred, cattle were pasturing on the lands claimed as swamp
and overflowed, when his own ranch of three hundred and twenty acres
Avas entirely submerged, with the exception of not more than two acres,
and remained so for about ten days. Deponent further says, that herds
of sheep and other stock have pastured on the lands claimed to be swamp
and overflowed every Winter for the last six or eight years, to the num-
ber of several thousand head. That plowing could always be done on
the east half of said township eighteen, whenever it could be done on
the west half, and could be done sooner in very wet seasons, as the land
on the east half got dry sooner, as it is mostly higher land.

T. C. McYAY.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and sevent}'^.

J. P. HOPE,
Justice of the Peace of Colusa County, State of California.

Samuel W- Patterson, being duly sworn, upon his oath deposes and
says: That he is a native-born citizen of the United States, a single man,
and fifty years of age, and has resided in township eighteen north, range
one west, Mount Diablo meridian, since the year I860. That he has
heard the aflfidavit of T. C. McVay read, and can and does adopt the facts
therein set forth as to the character of the lands in the east half of said
township claimed as swamp and overflowed, as his own afiidavit and
testimony thereto.

S. W. PATTERSON

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, State of California.

Albert McGee, being duly sworn, upon liis oath deposes and says: That
he is a native-born citizen of the United States, a single man, and over
the age of twenty-one years, and has resided in township eighteen north,
range one west, since eigliteen hundred and fifty-five, and is owner in
part of over five hundred head of cattle, and has ranged cattle m. the
valley of the Saeraniento, in said township, for the last fourteen years,
and perfectly familiar with every section of land in said township on
which cattle can be pastured. That during his acquaintance with the
lund in said township, there has never been a season that crops could
not have been raised on the land now claimed to be swamp and over-
fiowed, with equal if not better success than on that part of the township
not claimed as swamp, for the reason that most of it is higher land than
land nearer the river, and much better land for raising grain. That during
the highest floods that have occured in the Sacramento during said
depojient's acquaintance v/ith said land, that portions of said laud claimed
as swamp and overflowed have been entirely above said overflows, when
the farms of settlers nearer the river, on land not claimed as swamp and
overflowed, was entirely overflowed and under water for many days.
That herds of sheep have been ]nistured and ranged over the land claimed
as swamp and overflowed for many Winters last past; and that during
the last Winter, eighteen hundred and sixty-nine and seventy, bands of
sheep belonging to L. F. Moulton were grazing on said land at the same
time'that deponent's cattle were. That deponent herded his OAvn stock
on said land, and that the sheep which ranged upon said land during the
Winter could not have been less than about five thousand head.

A. Mc. GEE.

Subsci'ibed and sworn to before me this fifte mth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, State of California.

Joseph 3fc Vay , being duly sworn, upon his oath deposes*and says: That
he is a citizen of the United States, a single man, and thirty-eigiit years
of age. and has resided upon hind in township eighteen north, range one
w^est. Mount Diablo meridian, since the year eighteen hundred and fifty-
four. That he is perfectly familiar with every section of land in said
township, having been engaged in the raising of stock .and in herding
and driving the same at all seasons of the year over the prairie lands in
said township eighteen, as well as in township seventeen north, range
one west. That he knows the fact that a good portion of both town-
8hij)S, seventeen and eighteen, have been claimed by the State of Cali-
fornia as swamp and overflowed lands, and has heard that the same has
been listed to the State. That from his knowledge and observation of
said lands lor the last sixteen years, he has no hesitation that by far the
greater portion of the lands claimed as swamp and overflowed are as
good grain lands as the western half of said townships, which have
been returned us high land by the United States Deputy Surve^'or, and
could be as successl'ully tilled; that they are not swamp lands at all, and
are only overflowed during extreme high floods of the Sacramento lliver.
That during such floods of the river he has known much of the land
which was returned as high land overflowed, when a good deal of the
land which the State has claimed as swamp and overflowed was high
and dry, and upon which he has had to drive his cattle and horses for

safety, and could only reach them from where he was then livin<r, to wit:
on section thirty-three, township eighteen north, range one west, by
going in a boat, the land in said section thirty-three being all under
water. That this overflovv lasted for several days before the stock
could range about again as usual. And deponent further says that the
L'unl claimed by the State as swamp and overflowed, in said townships
Seventeen and eighteen, has been a portion of the general grazing
ground of stock of all kinds, both Summer and Winter, including thou-
sands of sheep, for a great many years. Tiuit he with other parties is
the owner of over six hundreil head of cattle at the present time, a
greater portion of them now ranging on the above named lands, claimed
as swamp and overflowed lands, and that large bands of sheep, number-
ing several thousand, are also grazing on said lands at the present time.

JOSEPH McVAY.

Subscribed and sworn to before me this seventeenth day of December,
eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, Calilbrnia.

E. C. Bunker, being duly sworn, upon his oath deposes and says: That
he IS a citizen of the United States, a married man, and forty-two years
of ago, and a resident on section eighteen, township seventeen north,
range one west. Mount Diablo meridian, upon which land he has resided
since the year eighteen hundred and fifty-two, making it his home; that
he is well acquainted with the portion of said towship which has been
claimed by the State as swamp and overflowed lands, and deposes and
says that the same are not swamp lands, and are only overflowed during
high freshets in the Sacramento Eiver; that for many years after his
settlement in said township the prairie lands thereof were among the
best grazing lands in the countrj^, bearing good crops of wild clover and
oats, over which large bands of stock ranged and pastured both Summer
and Winter; that bands of sheep have for a number of years pastured on
said lauds. Summer and Winter, and are ranging there at the present
time.

Deponent further says that the fraction of land which he has had in
cultivation for twelve years, and upon which he has an orchard of ajjple
trees growing, was segregated to the State as swamp and overflowed
land, and was sold as such b}" the State to George Goldring, his partuer
in farming operations.

E. C. BUNKEE.

(Subscribed and sworn to before me this seventeenth day of December,
eighteen hundred and seventy.

J. P. HOPE.
Justice of the Peace of Colusa County, California.

David Armnnd, being duly, sworn, upon his oath deposes and says:
That he is a naturalized citizen of the United States, over the age of
twenty-one years, and has settled upon the northeast quarter of section
twenty-three, township eighteen north, range one west. Mount Diablo
meridian. That he made his settlement on said land on the first of Ma}^,
eighteen hundred and sevent}^, and has made it his ho me ever since.
That he has a dwelling house on the place, and some two acres plowed.

That he has heard the affidavit of Jolm Arniand read, and knoAVS the
facts therein set forth as regards tlic cliaracter of the land, its a(Uipta-
bility for agriculture, and other facts mentioned in said affidavit, to be
true and correct of his own knowledge, and hereby adopts tiie same as
his own testimoiiy in the case.

DAVID AEMAK^D.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, State of California.

John Armand, being duly sworn, upon his oath deposes and says:
That he is a naturalized citizen of the United States, a single man, over
the age of twenty-one years, and resides upon the southwest quarter of
section fourteen, township eighteen north, range one west, upon which
land he settled in the month of September, eighteen hundred and sixty-
nine, where he has made it his home ever since up to the present time.
That his improvements consist of a dwelling house, barn, and smoke
house, and a well at his house eighteen feet deep, with a pump; and that
he has plowed about ten acres for grain; and that he should have plowed
more land had it not been too dry. That his improvements on said
place are worth at least six hundred dollars, and have cost that amount.

And dejjonent says that he has traveled over the Sacramento Valley
a good deal Avithin the last two years, and has made choice of the land
upon which he now lives, in preference to any other pai't of the valley
he has seen where there was any vacant land, for a farm for the raising
of grain. That since his settlement ujjon said land, there has hardly
been sufficient water on his place for watering stock. That the only
chance anywhere near was a slough, which served the purpose until the
month of June, when it became entirely dry, since which time he has
been obliged to draw water from his well for watering his stock, and is
doing so at the present time. That he has eight head of horses and
seventy-five head of hogs, which havq to be watered frdm the w^ell. And
deponent further says that ever since he settled upon said southwest
quarter of section fourteen, there has been ranging over the land claimed
in said township) eighteen north, range one west, some three thousand
head of sheep, under the care of herders; that said sheep have been kept
on said land, and adjoining land, through the Winter as well as Summer,
and are still ranging on said land, which sheep he has been informed
belong to one L. F. Moulton. Deponent further states that he has been
informed that the land upon which he has settled has been claimed and
listed to the State as swamp and overflowed land. That he is a farmer
by profession and practice, and a good judge of the quality of land, and
knows the land he has settled upon, as well as adjoining land, including
pretty much all the land that is claimed to be swamp and overflowed, to
be as good grain land as there is in the valley.

JOHN ARMAND.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE,
Justice of the peace of Colusa County, State of California.

James Benjamin, being duly sworn, upon his oath deposes and says:
that he is a native-born citizen of the United States, a single man, and
over the age of twenty-one years, and resides upon the northwest quar-
ter of section twenty-three, township eighteen north, range one west,
Mount Diablo meridian, upon which land he settled in tlie month of
!NoveMibcr, eighteen hundred and sixty-nine, and has made it his home
since up lo the present time. That his improvements consist of a dwell-
ing house and about two acres of land plowed. But he would have
ma<le more improvements, but soon after hiS settlement he was informed
tiuit the land was claimed as swamp and overflowed land, and he there-
fore did not think it best to make any more imiDrovements until the title
of the laud was decided. That if there had been no trouble about the
title, he could have plowed the whole quarter section and put it into
grain, providing he could have done it in two months, say from the mid-
dle of December, eighteen hundred and sixty-nine, to the middle of Feb-
ruary, eighteen huntlred and seventy, that being the only time during
the Winter that there was rain encrugh to make the ground in a condi-
tion to plow. That he has been informed that the quarter section upon
which he has settled has been listed to the State as swamp and over-
flowed land; and deponent saj's that he is a farmer by profession and a
good Judge of the qualit}' of land, and has traveled a good deal over
the Sacramento Valley, and that there is no better quality of grain land
anjMvhere in the valley than that claimed by the State as swamp land in
township eighteen north, range one west. Mount Diablo meritlian, and
that the only trouble and drawback in raising as good crops of grain as
is raised anj'Avhere in the valley is the same that exists throughout the
State, to wit: the want of water for irrigation. That during all of the
last Winter some fifteen hundred sheep were grazed upon the land
claimed as swamp and overflowed, said sheep belonging to L. F. Moul-
ton, who has herders to take care of them, and said sheep have been
grazed on said land during all the time since, and are now on the land,
with herders to take care of them. And deponent further says, that
only a few days since L. F. Moulton told attiant that he intended to
bring his lambs and sheep from his lands in township seventeen on to
the lands which he claims here, to let them remain for the Winter, as
the grazing was better here than there. And deponent saj's that L. F.
JMoulion told him within the last week that himself and Houghton
claimed the lands in sections twentj'-three and fourteen as svvamp and
overflowed land.

JAMES BENJAMIN.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE.
Justice of the Peace of Colusa County, State of California.

William Weaver, being duly sworn, upon his oath deposes and says:
That he is a native-born citizen of the United States, a married man,
and residing upon the southwest quarter of section twenty-six, township
eighteen north, range one west, upon which land he has resided since
the twenty-eighth of February last with his familj^; that his improve-
ments consist of a dwelling house, barn, and shed, and a well twelve feet
deep; that since the time of his settlement upon this land there has not
been rain enough to make the ground in a favorable condition for plow-
ing; that it is his intention, as soon as the rains do begin to fall, and as

soon as the ground is wet enough to plow, to plow all that his means
and teams will permit and put it into grain: that he has been over a
good jiortion of the east part of the township, and knows that the land
is of the same character as his — high, dry, and firm land, and among the
best wheat lands in the valley of the Sacramento. Deponent further
says that the said land upon which he now resides has been claimed by
certain parties as swamp and overflowed, and he has been informed that
said land has becji listed to the State as swamp and overflowed land, but
that it is not of such character, but is as tit for agricultural p'urposes as
any land i}i the township).

WILLIAM WEAVEE.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa Count}', State of Calilbrnia.

H. A. Barber, being duly sworn, upon his oath deposes and says: That
he is a native-born citizen of the Umted States, a married man, and sixty
years of age, and resides upon the southwest quarter of section twelve,
township eighteen north, range one west. Mount Diablo meridian; which
land he settled upon on the eighth day of March, eighteen hundred and
seventy, where he has resided and made his home ever since. That his
improvements consist of a dwelling house, and" no other improvements
at the present time, for the reason that soon alter settling upon said land
he Avas informed that all the land claimed by him had been taken by par-
ties as swamp and overflowed land, and that he has on that account been
deterred from making further improvements. That he considers the
land occupied by him as among the best farming and grazing laud in the
State; and that during the time since his settlement here there has been
no time but what he could go over any part of the one fourth section
claimed by him with a pair of slippers, without wetting his feet, with
the exception of a little swale of about five acres, and that was dry on
the first of May. I^hat it is his intention, as soon as Mie rain begins to
fall and the ground becomes soft enough, to plow what his means and
his teams will enable him to do, and put in grain. Deponent further
says that the quarter section of land claimed b}' him is claimed by the
State as swamp and overflowed land, and he has been informed that the
same has been listed to the State by the Government. Deponent further
says that he has been over the whole of the scope of land in the above
named township, designated as swamp and overflowed land, and that the
same is all first rate grain land, and can all be cultivated without any
trouble whatever. That he has never seen two acres of any portion of
the eastern part of the township, claimed as swamp, but what can be
cultivated in grain.

II. A. BAEBEE.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, State of California.

J. W. Padan, being duly sworn, upon his oath deposes and savs: That
he IS a native-born citizen of the United States, a married man, and
forty-five years of age. That he settled upon the northwest quarter of

section fourteen, township eighteen north, range one west, Mount
Diablo meridian, in the Full qf eighteen hundred and sixty-seven, and
upon which land he has resided for a greater portion of the time. That
his improvements consist of a dwelling house, chicken house, and well
twenty-two feet deep, with a pump in it, and the grounds about the house
fenced in. That after taking up said land he ascertained that it had
been chume<l by parties as swamp and overflowed land, and was there-
fore deterred from making any further imju-ovements until the question
as to whether it was swamp and overflowed was settled. That the land
claimed by him is also claimed by others as swamp land; but it is not of
that character, but is as tine land for agriculture and grain growing as
an}' land in the valle}'. That he has welt known said land for tive years,
and has often ridden over the township hunting stock, before he settled
upou said section fourteen, and has never known any portion of the
land claimed to be swamp and overflowed or any portion of it over-
flowed, except during a very high freshet of the Sacramento Eiver in
the Winter of eighteen hundred and sixty-seven and eighteen hundred
and sixty-eight, and then but for a few daj-s. That a greater part of
the east part of the tow^nship was not overflowed then; while many of
the most valuable farms in the western half of the township were some
of them entirely under water for some twelve or fourteen days. That
he has recently been informed that the land has been listed to the State
as swamp and overflowed land; and deponent further says that there
has not been a season since he first knew said east half of township
eighteen north, range one west, but what good crops of grain could be
raised on any quarter section of it if there had been w^ater suflicient for
irrigating it.

J. W. PADAN.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, State of California.

Calvin C. Goree, being duly sworn, deposes and says: That he is a
citizen of the United States, a married man, and thirty -two 3'ears of age,
and resides on portions of sections nine and ten, township eighteen north,
• range one west, Mount Diablo meridian, in which township he has
resided ever since eighteen hundred and fifty-three (seventeen years),
and knows every quarter section of land in the township w^ell. That he
knows that said township, or a portion of it, w'as surveyed in the Fall
of eighteen hundred and sixty-seven. That soon after said survey was
made he ascertained that the eastern portion thereof had been designa-
ted by the surveyor to be swamp and overflowed land. And deponent
further says that during the period of his acquaintance with the land in
the township, there have been four or five heavy freshets in the Sacra-
mento Eiver, w-hen the water came over its banks and overflowed por-
tions, more or less, of the lands in said township, for from two to ten
dnys; but that the great flood of eighteen hundred and sixty-two over-
flowed all the land in the tow^nship, except two or three sections; some
of the land being overflowed for only two or three days, while other
hinds not so high were overflowed for two weeks, and a small part for
as long as three wrecks, before the waters entirely ran off", except in a

few sloughs, where the water remained until the month of June follow-
ing. That ou the laud in the western part of the township the waters
always remain longer, after being overflowed, than upon the eastern
half of the lownship, for the reason that the western half is consider-
ably lower land. And this deponent further says that he -knows, of his
own knowledge, that when some of the best ranches in the western part
of the township were under water the stock found good grazing on dry
land on that portion of the township claimed by the State to be swamp
and overflowed. And this deponent further says that from his intimate
knowledge of the lands in the eastern part of tlie township, which has
been claimed as swamp and overflowed, he has no hesitation in affirming
that they are among the best grain lands in the Sacramento Valley; that
notwithstanding the overflow caused by the great flood of eighteen hun-
dred and sixty-two, the farmers had finished putting in their crops by
the twentieth day of March, the water having sufficiently subsided.
Deponent further says that L. F. Moulton, one of the parties claiming
certain sections of said township eighteen as swamj) and overflowed,
told this deponent, in a conversation on the subject, that there were
some portions of the land segregated to the State as swamp and over-
flowed which ought to have been returned as high land.

CALYIX C. GOEEE.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eiij-hteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, California.

A. J. Mason, being duly sworn, upon his oath deposes and says: That
he is a native-born citizen of the United States, a married man, and that
he resides upon the northeast quarter of section twenty-six, townshij)
eighteen north, range one west. Mount Diablo meridian; that he has
resided upon said land since the twenty-eighth day of February, eigh-
teen hundred and seventy, with his family; that he ^as erected upon
said land a dwelling house, twelve by thirty, and shed and chicken
house, tvfo corrals for stock; that he has set out locust trees around
his house, and is improving said land as fast as his means will permit,
with a view to making it a permanent home; that he has cut about,
twent}^ tons of hay and stacked the same on said laud; that he com-
menced harvesting his hay on the twenty-seventh day of April last;
that he has a well near his house ten feet deep, from which he draws
water for domestic use and for watering his stock. Deponent says that
the land upon which he has settled and put on his improvements is
claimed by parties through the State as swamp and overflowed land, but
that it is perfectly high, dry, and firm land, and that the whole eastern
portion of the township is of the same character; that said land is
among the best grain land in the county.

A. J. MASON.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, State of California.

James Burns, being duly sworn, upon his oath deposes and says: That
he is a native-born citizen of the United States, a married man, and that
he is now residing upon the southwest quarter of section twenty-four,
township eighteen north, range one west, Mount Diablo meridian, u])on
which land he settled on the seventh day of March, eighteen hun-
dred and seventy, with his family, where he has resided continuously
ever since. That his improvements consist of a dwelling house, four-
teen b}' sixteen feet; stable and barn, twenty-eight by sixteen feet; one
corral for stock; a well, fourteen feet dcej), from which lie obtains all
the water to water his cattle, horses, and hogs, there being no other
water for them to obtain without going a long distance. That he plowed
and planted a half acre of potatoes in April last near his house, which
grew and yielded well; that he also had cucumbers and tomatoes. That
he commenced harvesting his buy crop about the first of May, and
stacked it on the place. That it is his intention, as soon as it rains
sufficient to soften the ground, to commence plowing his land for put-
ting in grain; but at present the ground is too hard to be plowed.
Deponent further says that the Avhole of the quarter section upon which
he has settled is claimed by parties through the State as swamp and
overflowed, and that he has been informed that the same has been listed
to the State as swamp and overflowed land, but that there has been no
water on it since he took it up in February last, except what has fallen
from the heavens, and there has not been sufficient of that to produce a
full crop cf hay.

JAMES BUENS.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, State of California.

Gilliam C. Hoivard, being duly sworn, upon his oath deposes and says:
That he is a native-born citizen of the United States, a married man, and
that he resides upon the northwest quarter of section twenty-six, town-
ship eighteen north, range one west, 3Iount Diablo meridian, upon which
land he settled in the month of February, eighteen hundred and seventy,
and where he has resided ever since up to the present time. That the
improvements consist of a dwelling house and chicken Jiouse. That he
has plowed some of the land for garden. That at the time he settled
upon said land it was too late to plow sufficient for a crop; beside, the
ground was hardly wet enough to be fit for plowing. That it is his
intention, as soon as the rains fall sufficient to soften the ground for
plowing, to plow and sow all the grain he can with the teams he has.
That he knows the land claimed by his neighbors to be of the same
character as that claimed by himself, all of it good land for raising grain,
although it is all claimed by parties through the State as swamp and
overflowed land. That he has been informed that all of said land claimed
by him has been listed to the State as swamp and overflowed land, but
that it is among the very best laud in the country for raising grain and
other crops.

G. C. HOWAED.

Subscribed and sworn to before me this fifteenth day of December,
A. D. eighteen hundred and seventy.

J. P. HOPE,
Justice of the Peace of Colusa County, State of Cabfornia.

MEMORIAL OP SETTLERS IN SIERRA VALLEY, CALIFORNIA.

The followinj^ affidavits of the settlers in Sierra Yallcy, California,
"whose farms are churacd under the swamp hind law as swamp and over-
flowed lands, are submitted to Congress to show the necessit}- of some
amendment to the mode of segregating swamp lands, so as to attbrd
needed protection to settlers. But one case out of many — one valley-
out of many similarly situated — is referred to in these affidavits. Under
pretense of swamp and overflowed lands, the best agricultural lands iu
the State are being seized, to the ruin of thousands of industrious pre-
emptioners and homestead settlers. The settlers are summoned to
appear at the office of the United States Surveyor General, hundreds of
miles from their homes, with witnesses, to show that the lands that they
have cultivated for years are not unfit for cultivation. The penalty of
not making the showing is the loss of their homes. The notice is not
personal, but by publication, and is seldom seen by those most inter-
ested. Often the time is fixed in midwinter, when travel is impossible.
Thus hundreds of settlers lose their homes, for want of notice, from
inability to bear the great expense, etc. Sierra Yalle}^ is about six
thousand feet above the level of the sea, near the summit of the Sierra
Nevada ^fountains. It is dotted all over with the homes of industrious
agriculturists.

One important remedy for the state of things herein deprecated is to
give jurisdiction in examinations as to the character of the lands to the
register and receiver of the local land offices, whereby the distance to be
traveled bj" parties and witnesses would be greatly decreased, and per-
sonal notice would be brought home to each defendant. Another is a
legislative definition of swamp and overflowed lands, so as to exclude
such lands as are described in the following affidavits:

State of California,

County of Plumas.

George C. Canjield, being duly sworn, deposes and Says: That he is a
native-born citizen of the United States; a married man, thirty-five
years of age; that he has resided since eighteen hundred and sixty-three,
continuously, on the following land, to wit: the west half of the north-
west quarter and the north half of the southwest quarter, section thirty-
four, township twenty-two north, range fifteen east; said land being in
Sierra Valley, County of Plumas, California; that he has improvements
on said land consisting of two dwelling houses, a stable of the length
of one hundred and twenty feet and about twenty-eight feet wide, and
the entire claim is under fence, being principally substantial post and
board fence; that said improvements have cost this deponent not less
than two thousand dollars; that about one hundred acres of said land
is meadow land, and that the balance is high sage brush land, fit lor
grain; that he can also plow the largest portion of said meadow land
and raise grain thereon; that he is obliged in the Spring of the year to
dig ditches and trenches and build dams across the creeks in order to
irrigate said grain and meadow land to be able to raise grain or cause
the grass to grow to secure a hay crop; that in the j'ear eighteen hun-
dred and seventy he has cut al out one hundred and sixty tons of hay
w^ith a mowing machine; that he has about one hundred and seventy-
eight head of cattle, sixty-eight cows used for dairj'ing purposes, and

Las made between six and seven thousand pounds of butter the present
year, ami has seven horses and sevcuty-tive head of hogs; that owing
to the distanee from market, it is more profitable to use the land for
grazing- purposes than raising grain; tliat he also well knows the char-
acter of the southeast quarter of section thirty-four, claimed as swamp,
adjoining him, which quarter section is principally high sage brush land,
and on which no grass can be made to grow except little bunch grass,
unless it can be irrigated; and this dei)ouent knows of no way to bring
water to the same without a very heavy expense of forcing apjjaratus,
and is only tit lor grain in such years as the frost would not att'ect said
crop. Deponent furthermore states that in January, eighteen hundred
and seventy, Arthur Keddie. County Surveyor of Plumas County, sur-
veyed the above mentioned land, and represented to this dcponejit that
he was survej'uig the said land for one J. D. Goodwin, in order to segre-
gate the same as swamp and overflowed land, and represented to this
deponent that all land on which cereals could not be successfully raised
on account of overflow of water was swamp and overflowed land; and
that grass Avas no crop; and that even if land would produce cereals
nine years out of ten and fail the tenth year, it Avould be swamp and
overflowed land. Upon those representations this deponent, at the
request of said Arthur Keddie, made an affidavit stating that if such
assurance was correct, the west half of said northwest quarter section
thirty-four was swamp and overflowed land.

GEOEGE C. CANFIELD.

Subscribed and sworn to before me the tirst day of October, A. D.
eighteen hundred and seventy.

[SEAL.] WILLIAM CAIN",

Notary Public.
State of California, ]

County of Plumas, J '

C. G. Ilunfly, being duly sworn, deposes and says: That he is a white
male native born citizen of the United States, of the age of thirty-two
years, an unmarried man ; that he has resided in Sierra Valley, Cali-
fornia, continuously, since eighteen hundred and sixty-seven, and has
been settled and is now settled upon parts of section one and section
twelve, township twenty-two north, range fifteen cast. Mount Diablo
meridian; that he has improvements on said land consisting of a dwell-
ing house, barn, outhouses, and has three hundred and twenty acres
under fenee, which includes my preemption (proven up and paid for) and
homestead claim. The said improvements have cost him from twelve
hundred dollars to fourteen hundred dollars cash; that he is a farmer by
profession and occupation, but that stock raismg is his princijial busi-
ness; that he has during the present season twenty-two and one half
acres of wheat, oats, and barley; that about one hundred acres of his
land is meadow land; that in order to raise a good crop of hay it is
necessary to resort to irrigation by putting in dams across the creeks to
ovei'flow said meadow land; that he has at present sixty-five head of
stock, cattle and cows, also twelve head of horses and colts; that he has
cut during the present season about seventy-five tons of hay on said
meadow land with a mowing machine; that he values his claim and
improvements at twenty-five hundred dollars.

C. C. HUNTLEY.

Subscribed and sworn to before me the first day of ]S"ovember, A. D.
eiirliteon Lundrcd and seventy.

[SEAL.] WILLIAM CAIK,

Notary Public.

Alonzo B. Huntley, being duly sworn, deposes and says: That he is a
citizen of the United States, a' married man of the age of thirty-seven
years; that he has resided in said Sierra Valley, continuously, since
eighteen hundred and sixty-four; that he has been settled upon parts of
sections eleven and twelve since eighteen hundred and sixt3--seven; that
he has improvements on said land consisting of dwelling house, barns,
and fences of the value of one thousand dollars; that his laud is of the
same character as the above deponent, C. C. Huntley, and he is obliged
to resort to the same measures for irrigation to secure crops of hay on
his meadow land, of which he has about one hundred and tifty acres;
that he values his land and improvements at fifteen hundred dollars
cash.

ALOXZO B. HUNTLEY.

Subscribed and sworn to before me on the first day of November,
A. D. eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

State of California, |

County of Sierra, J

Abraham Ede, being duly sworn, deposes and says: That he is a native-
born citizen of the United States, a married man of the age of thirty-
eight 5'ears; that since the year eighteen hundred and sixty-one, he has,
with his family, continuously resided on section thirty-three, township
twenty-three north, range fifteen east. Mount Diablo meridian, having
preempted the said land; that one hundred and twenty acres of said
preemption is claimed by the State of California as swamp and over-
flowed land. About eighty acres of his preemption %laim is meadow
land, the balance being high sage bush land, fit onl}- for the growing of
grain, provided it could be irrigated, but during the highest freshets that
have occurred since eighteen hundred and fifty-nine, said land has never
been overflowed; that his eighty acres of meadow land, when well irri-
gated, Avill yield one and a half tons of hay to the acre, of clover, and
timothy, and on a portion of said meadow land ho has raised sixty-seven
bushels of oats, as well as barley, to the acre. Said meadow land is much
more profitable for hay than grain when it can be successfully irrigated.
For the purpose of irrigating his meadow land, in order to secure a good
crop of hay, he has thrown dams across a tributary of Feather Piver,
which passes through the same, and which affords water sufiicient for
irrigation from the first of February till the middle of May, and it is en-
tirely dry by the first of July. Luring a heavy Spring freshet some tAvo
or three years since, which lasted about one week, "the meadow lands
would have been submerged had the dams not been there, and in the
course of three weeks the floods had subsided and the waters were again
flowing in the natural channels of the river, and in consequence of said
overflow he was enabled to harvest a full crop of hay. The present sea-
son, in consequence of scarcity of water for irrigating, he has been un-
able to cut hay except from only two thirds o"f his meadow laud, the

It.nlance being so dry as not to be worth cutting, and that he has been
obliged to sink a Avell six feet bekjw the surface of the meadow hind be-
fore finding water; that during the Summer months of the past season,
he lias been under the necessity of driving his stock cattle three miles
for water. For two months during the last Summer he had to drive his
dairy cows three miles for water, his well near the house, sixteen feet
deep, barely furnishing sufficient water for domestic use and his work
animals. The iniprovements on said place consist of a dwelling house, a
barn fifty six I'eet square, two dairy houses, and a butter storehouse, and
the entire claim inclosed by a post-and-board and post-and-rail fence,
with one division fence running across the whole claim; that said im-
provements have cost him fully five thousand dollars in coin. If the
meadow lands throughout the valley were drained by ditches as actual
swamp lands are treated, they would be entirely useless for agricultural
or grazing purposes, and instead of artificial means for drainage, they
require the construction of large ditches for bringing in water for irri-
gating purposes from Truckee Eiver or Weber Lake.

ABEAHAM EDE.

Subscribed and sworn to before me the fourth day of November, A. D.
eighteen hunuretl and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

George Wood, Deputy Assessor of Sierra County, being duly sworn,
deposes and says: That he has resided in Sierra Valley during the last six
years; also that from eighteen hundred and fifty-nine to eighteen hun-
dred and sixty-two, he frequently herded mules on the land, or in the
vicinity of the land, in townships twenty-one, twenty-two, and twenty-
three north, ranges fourteen, fifteen, and sixteen east, now claimed by
the State of California as swamp and overflowed lands. Also that he is
well acquainted with the character of all the lands in Sierra Valley,
having within the last two years frequently surveyed portions of the
so-called "swamp and overflowed lands; " that he thinks it "syould be im-
possible to segregate even forty acres as swamp and overflowed, for the
following reasons: first, that on the land claimed farmers can and do fre-
quently raise crops of grain, but that hay being more profitable, the
owners choose to cut hay either for sale or to feed stock in Winter;
second, that timothy and other tame grasses are being successfully cul-
tivated on said lands; third, that the only ditches on said lands are for
the purpose of irrigation, and if said land was not irrigated in Summer
the crop of hay would be short; fourth, that in these elevated valleys
the breeding of stock, and the making of butter and cheese are more
profitable than anj' other branches of farming; fifth, that whatever por-
tion is at any time overflowed is caused from the sudden melting of
snows on the mountains in Spring, and from the farmers themselves
placing dams and obstructions in the creeks to cause such overflow for
irrigation; sixth, that nearly the whole of said lands have been pre-
empted, and farmers have good houses, barns, outbuildings, and fences
upon the land; seventh, that most of the farmers have resided with their
families on said lands for from four to twelve years, never even imagin-
ing that the land could be called swamp until they were told so by
parties who took j)ains to call on them during the wet season.

GEOEGE WOOD.

Subscribed and sworn to before me tbe fourth day of November, A. D.
eii«;hteeu hundred and seventy.

WILLIAM CAIN,
[seal.] Notary J?ublic.

State of California, , „„

' ^ ss.

County of Plumas,

}

E. Cramer, being duly sworn, deposes and says: That he is a native-
born citizen of the United States, and has with his ftunily, continuously,
since eighteen hundred and sixty-tive, resided on the following land, to
wit: The southeast quarter of section twenty-six, township twenty -three
north, range fourteen east. Mount Diablo meridian; that forty acres of
his said preemption claim is claimed by the State of California as swamp
and overllowed land, but that it is of such a nature as to need irrigation
in order to enable him to raise a good crop of hay; and that, unless in
severe and wet Winters and Springs, no calculations can be made on a
good crop of hay; that during the last two years he has had a very
light crop of hay, owing to the want of water for irrigation ; and that
in eighteen hundred and sixty-eight, owing to the wet Winter, he had a
large crop of hay, the water remaining in the sloughs till first July;
that he has a dwelling house, a barn one hundred feet long and forty-
four feet wide, and eighty acres under fence; that said improvements
have cost him two thousand dollars; that it is more profitable to raise
hay than grain, owing to the frosts in this high region; that he has
about twenty head of cattle and valuable horses; that owing to the dry-
ness of the season and scarcity of water, he has been able to cut ujion
all the meadow land on his preemption claim, including ong hundred and
twenty acres of meadow land outside his claim, also claimed by the State
of California as swamp and overflowed land, only thirty tons of hay;
and that on a pox-tion of the meadow land on his said preemption claim
he has raised nine acres in oats, and that he has raised at an avei'age
thirty-six bushels to the acre on the same; that he could have cultivated
more of said land in grain, but it is more profitable to ruise ha}' than
grain; that the middle fork of Feather Eiver, which ^uns through this
land, had ceased to overflow its banks by the first of June, and could no
longer be available for irrii^ation.

EDON CEAMEE.

_ Subscribed and sworn to before me the third day of November, A. D.
eighteen hundred and seventy.

WILLIAM CAIN,
[SEAL.] Notary Public.

State of California, ]

County of Plumas, j

ss.

S. B. Hinds, being duly sworn, deposes and says: That he is a native-
born citizen of the United States, a married man, of the age of thirty-
one years; that about the last of October, eighteen hundred and sixty-
nine, he moved with his family on the following hind, to wit: Southeast
quarter of northwest quarter, southwest quarter of northeast quarter,
west half of southeast quarter, section six, township twenty -two north,
range fifteen east. Mount Diablo meridian, for the purpose of claiming
the same as a preemption; that soon thereafter he learned the said land

had been claimed by the State of California as swamp and overflowed
land; that he has occui^ied the said land continuously up to the pi'cscnt
time; that one hundred acres of said land is meadow land, and to his
knowledge, during the last seven years, hay crops have been cut olf said
laud, and at no season except a wet one can a whole crop be raised
unless the land is irrigated; on the middle fork of Feather lliver, a
stream that runs through said land, several dams have been thrown
across for the purpose of irrigation of the meadow land; that in eighteen
hundred and sixty-eight, from the month of Januaiy till the middle of
April of that year, two heavy freshets occurred in said stream, caused
by the heavy rains and melting of snow, bringing down large l)odies of
ice and tearing away the dams put across said river for irrigating pur-
poses; that those dams have not since been replaced, owing to which
fact it has been impossible to irrigate said described meadow land, and
in consequence not more than half a crop has been harvested on said
land; that during the season of said high freshet which carried away
the dams the meadow lands were thoroughly overflowed, and the product
of the hay was fully two tons to the acre; since that season, for lack of
irrigation, the hay crop has not exceeded three quarters of a ton an
acre; that the northwest quarter of southeast quarter of said land,
claimed by the State of California as swamp and overflowed land, is
high, sandy, sagebrush land, with the exception of six acres, upon which
crops of grain could be raised if it were possible to irrigate the same;
that his improvements consist of a dwelling house, stable, and corral,
and have cost six hundred dollars; that he has ten head of cattle and
horses, and has cut only forty tons of hay on said land the present
season.

S. B. HI^^DS.

Subscribed and sworn to before me the third ^November, A. D. eigh-
teen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

G. W. Cramer J being duly sworn, upon his oath deposes and says: That
he is a native-born citizen of the United States, unmarried, and twenty-
seven years of age, and a resident of Sierra Valley, w^here he has
resided continuously for the last six years; that he has heard the affida-
vits of E. Cramer and S. B. Hinds read, and can testify of his own
knowledge that the facts therein set forth are true and correct.

G. W. CEAMEE.

Subscribed and sworn to before me this third day of November, eigh-
teen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

Peter Tognazzini, being duly sworn, deposes and says: That he is a
naturalized citizen of the United States, of the age of thirty-six years,
a married man; that he has resided in Sierra Valley continuous!}^ since
eighteen hundred and sixty-eight, and has been settled with his family
since twenty-fourth day of August, eighteen hundred and seventy, on

Sabscri1)e(l and sworn to before me the fourth day of November, A. D.
eii^hteeu hundred and seventy.

WILLIAM CAI]S[,
[SEAL.] o^otary Public.

State of California, ]

County of Plumas, j ' *

E. Cramer, being duly sworn, deposes and says: That he is a native-
born citizen of the United States, and has with his family, continuously,
since eighteen hundred and sixty-tive, resided on the following land, to
wit: The southeast quarter of section twenty-six, township twenty-three
north, range fourteen east, Mount Diablo meridian; that forty acres of
his said prcemj^tion claim is claimed by the State of California as swamp
and overHowed land, but that it is of such a nature as to need irrigation
in order to enable him to raise a good crop of hay; and that, unless in
severe and wet Winters and Springs, no calculations can be made on a
good crop of hay; that during the last two years he has had a very
light crop of haj', owing to the want of water for irrigation; and that
in eighteen hundred and sixty-eight, owing to the wet Winter, he had a
large crop of hay, the water remaining in the sloughs till first July;
that he has a dwelling house, a barn one hundred feet long and forty-
four feet wide, and eighty acres under fence; that said improvements
have cost him two thousand dollars; that it is more profitable to raise
hay than grain, OAsdng to the frosts in this high region; that he has
about twenty head of cattle and valuable horses; that owing to the dry-
ness of the season and scarcitj^ of water, he has been able to cut upon
all the meadow land on his preemption claim, including ong hundred and
twenty acres of meadow land outside his claim, also claimed by the State
of California as swamp and overflowed land, only thirty tons of hay;
and that on a portion of the meadow land on his said preemption claim
he has raised nine acres in oats, and that he has raised at an average
thirty-six bushels to the acre on the same; that he could have cultivated
more of said land in grain, but it is more jjrofitable to raise haj^ than
grain; that the middle fork of Feather River, which ^uns through this
land, had ceased to overflow its banks by the first of June, and could no
longer be available for irriiiation.

EDON CEAMER.

Subscribed and sworn to before me the third day of November, A. D.
eighteen hundred and seventy.

WILLIAM CAIN",
[seal.] Notary Public.

State of California, ]

County of Plumas. J ^^"

S. B. Jlinds, being duly sworn, deposes and says: That he is a native-
born citizen of the United States, a married man, of the age of thirty-
one years; that about the last of October, eighteen hundred and sixty-
nine, he moved with his family on the following land, to wit: Southeast
quarter of northwest quarter, southwest quarter of northeast quarter,
west half of southeast quarter, section six, township twenty -two iiorth,
range fifteen east. Mount Diablo meridian, for the purpose of claiming
the same as a preemption; that soon thereafter he learned the said land

had been claimed by the State of California as swamp and overflowed
hind; that he has occiiiiie<l the said hind continuously up to the present
time; that one hundred acres of said land is meadow land, and to his
knowledi^e, during the last seven years, hay crops have been cut olf said
land, and at no season except a wet one can a whole crop be raised
unless the land is irrigated; on the middle fork of Featlier Kiver, a
sti-eam that runs through said land, several dams have been thrown
across for the purpose of irrigation of the meailow land; that in eighteen
hundred and sixty-eight, from the month of January till the middle of
April of that year, two heavy freshets occurred in said stream, caused
by the heavy rains and melting of snow, bringing down large Ijodies of
ice and tearing away the dams put across said river for irrigating pur-
poses; that those dams have not since been replaced, owing to which
fact it has been impossible to irrigate said described meadow land, and
in consequence not more than half a crop has been harvested on said
land; that during the season of said high freshet which carried away
the dams the meadow lands were thoroughly overflowed, and the product
of the hay was fully two tons to the acre; since that season, for lack of
irrigation, the hay crop has not exceeded three quarters of a ton an
acre; that the northwest quarter of southeast quarter of said laud,
claimed by the State of California as swamp and ovei'flowed land, is
high, sandy, sagebrush land, with the exception of six acres, upon which
crops of grain could be raised if it were possible to irrigate the same;
that his improvements consist of a dwelling house, stable, and corral,
and have cost six hundred dollars; that he has ten head of cattle and
horses, and has cut only forty tons of hay on said land the present
season.

S. B. HINDS.

Subscribed and sworn to before me the third November, A. D. eigh-
teen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

G. W. Cramer, being duly sworn, upon his oath deposes and says: That
he is a native-born citizen of the United States, unmarried, and twenty-
seven years of age, and a resident of Sierra Valley, where he has
resided continuously for the last six years; that he has heard the aflida-
vits of E. Cramer and S. B. Hinds read, and can testify of his own
knowledge that the facts therein set forth are true and correct.

G. W. CRAMER.

Subscribed and sworn to before me this third day of November, eigh-
teen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

l^ter Tog7iaz~ini, being duly sworn, deposes and says: That he is a
naturalized citizen of the United States, of the age of thirty-six years,
a married man; that he has resided in Sierra Valley continuously since
eighteen hun<lred and sixty-eight, and has been settled with his family
since twenty-fourth day of August, eighteen hundred and seventy, on

the following land, to wit: The southwest quarter, section six, townshij^
twenty-two north, range fifteen east. Mount Diablo meridian; that the
entire claim of this deponent is claimed by the State of California as
swamp and overflowed land; that he uses the said land for the purpose
of raising hay crops; that the soil is of so dry a nature, that owing to
his not being able to irrigate the same, he raised only sixty tons of hay
on the entire claim; that he is at present engaged in making prepara-
tions for more extensive irrigation, when he will be able to cut more hay
than the present year; that, if the Winters and Springs are severe and
wet, he can cut a far better crop of hay on said land than during dry
seasons; that it is more profitable to raise hay in Sierra Valley thau
grain, and for that reason does not desire to cultivate the said land; but
that, if he chose to do so, he could plow the entire quarter section in
time to put in a crop of grain; but for the reasons above stated he does
not wish to do so; that the lands adjoining him on the southeast, claimed
by the Birney brothers, and recently sold by them to J. Gardener, are
of a character similar to his own, and require irrigation in order to
insure a good croj) of hay; and that during the i^resent year, owing to
such want of irrigation, they were enabled to cut only about thirty-five
tons of hay on their claim, eighty acres of which is meadow land; that
during the year eighteen hundred and sixty-eight, owing to the heavy
freshets in the middle fork of Feather River, there was cut on said land
more hay than any year since that time.

PIETRO ANTONIO TOGNAZZINI.

Subscribed and sworn to before me this third day of November, A. D.
eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

State of California,

' ^ ss.

County of Plumas

S. M. Marble, being duly SAvorn, deposes and says: That he has contin-
uously, since eighteen hundred and sixty-eight, been a resident of Sierra
Valley; that he is a married man, and a citizen of the United States, and
has been settled with his family since the month of May, eighteen hun-
dred and seventy, on the following land, to wit: the south half of the
south half of section eighteen, township twenty-two north, range fifteen
east. Mount Diablo meridian; that the st'iid land is claimed by the State
of California as swamp and overflowed land; that he uses said land for
the purpose of raising hay, this being more profitable than raising grain;
that in order to raise good crops of hay on said land it is necessary to
irrigate the same, except in severe and wet Winters, when, by reason of
the overflow of the said land, a good crop can be raised without irri-
gating; that it is very hard to irrigate his land, and that for the want of
it during the present year he has been able to raise only fifty tons of
hay on said land; that the lands adjacent to his own are of the same
character, and require irrigation in order to raise a good crop of hay;
that he has improvements on said land, consisting of a dwelling house
and a quarter of a mile of post and board fence.

S. M. MAEBLE.

Subscribed and sworn to before me the third day of November, A. D.
eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

Joseph B. Hathaway, being dul}- sworn, deposes and says: That he is a
native born citizen of the Linited States, of the age of fortj'-one years, a
married man, and has been a resident in Sierra Valley since June, eighteen
hundred and sixty-nine, and been settled with his family since November,
eighteen hundred and sixty-nine, on the following land, to wit: the north
half of the north half of section nineteen, township twenty-two north,
range fifteen east. Mount Diablo meridian; that said land is meadow
land, and is claimed by the State of California as swamp and overflowed
land; that he heard the affidavit of S. M. Marble read, and the facts set
forth in the same are aj^jplicable to his own land, it adjoining the land of
said Marble; that his improvements consist of a dwelling house, shed,
and a quarter of a mile of fence; that he has this season put in about
two acres in grain; that his improvements have cost him about six hun-
dred dollars; that during the present season he cut only sixty tons of
hay on his land.

JOSEPH B. HATHAWAY.

Subscribed and sworn to before me the third day of November, A. D.
eighteen hundred and seventy,

WILLIAM CAIN,
[seal.] Notary Public.

Joseph Riley, being duly sworn, deposes and says: That he is a natu-
ralized citizen of the United States, of the age of thirty-three years, a
married man, and has continuously, since the month of June, eighteen
hundred and sevent}", resided with his family on the following land in
Sierra Valle}^, to wit: the south half of north half of section eighteen,
township twenty two north, range fifteen east. Mount Diablo meridian;
that his land is of the same character as that of Joseph Hathaway and
S. M. Marble, and that he has heard their affidavits read, and knows the
contents thereof, and that the facts therein stated are to his own knowl-
edge true and equally applicable to his own land; that for want of
water for irrigatnig purposes he did not cut any hay on his land the
present year; that he has improvements on said land, consisting of a
dwelling house, stable, and a quarter of a mile under fence, and they
have cost him five hundred dollars; that he has twenty head of cattle
and three horses, and that he has to spend one half of his time in draw-
ing water from two wells for the purpose of watering the said cattle and
horses.

JOSEPH EILEY.

r Subscribed and sworn to before me this thirc^ day of November,
eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notarj^ Public.

D. T. Mackomick, being duly sworn, upon his oath deposes and says:
I am a native-born citizen of the LTnited States, an unmarried man, over
the age of twenty-one years, and reside in Sierra Valley, California, hav-
ing filed my declaratory statement on the west half of northeast quarter

and northeast quarter of northeast quarter of section eleven; and the
southeast quarter of southeast quarter of section two, township twent}^-
one north, range fifteen east, Mount Diablo meridian, on said land, in
the early part of eighteen hundred and sixty-eight, and upon which I
have resided ever since. The most of my land being meadow land, my
principal business is the raising and cutting hay for market, and the
raising of stock, which in this climate I find more profitable than the
raising of grain, although I have raised a good crop of wheat the pres-
ent seasou. A portion of my land has been claimed by the State as
swamp and overflowed laud, but I cannot imagine upon what ground,
for it eertainl}' is not of that character, as I find it necessary to throw
dams across a small creek running through my land, for the purpose of
overflowing my meadow land, to insure a crop of hay. My improve-
ments cons'ist of a dwelling house, a large barn, cattle sheds, and other
buildings, and a well, from' which water is taken for domestic purposes,
and the whole ranch is inclosed with a post and board fence. I keep
ujjon my place sixteen head of work cattle, two milch cows, and six
horses. I find no trouble in going anywhere over my land in tbe Win-
ter season with loaded teams, or at any season of the year when I have
occasion to do so, nor have I ever had any difficulty in going anywhere
around the valley Avith my teams when business has called me. The
improvements on my land have cost me one thousand dollars in gold
coin.

D. T. MACKOMICK.

Subscribed and sworn to before me this thirty-first day of October,
eighteen hundred and seventy.

WILLIAM CAIN,
[SEAL.] Notary Public.

State op California, ]

County of Sierra, j

W. R. Freeman, being duly sworn, deposes and saj^si^That he is a citi-
zen of the United States, and a resident of Sierra Valley, County of
Sierra, California; that he is settled on a portion of land claimed as
Bwamp and oveiflowed land, on section eleven, township twenty-one
north, range fifteen east, Mount Diablo base meridian; that he has
improvements on said land, consisting of fences and buildings, consist-
ing of a dwelling house and a barn, of the value of about three hundred
and fifty dollars, and about half a mile of fence; that he had the last
year about twenty-two acres of grain, one half of which is upon the
land claimed as swamp and overflowed; that he has about forty-five
acres broke; that he has cut eighty tons of hay, and the entire piece of
laud, with the exception of sagebrush land, is good grazing land; that
he has had to dig ditches and trenches, and build dams across Loyalton
Creek, in order to irrigate the land and cause the grass and grain to
grow, and that said dams were pulled out b}^ settlers below in order to
use the water themselves for irrigating' \ieiv meadow land.

W. E. FEEEMAX.

Subscribed and sworn to before me the thirty-first day of October,
eighteen hundred and seventy.

WILLIAM CAIN,
[SEAL.] Notary Public.

State of California, ,

County of Plumas.

Edward Mercer, being duly sworn, deposes and saj^s: That he is a white
male citizen of the "United States; an unmarried man, over the age of
twentj'-one years; that he has resided in Sierra Valley, County of Plu-
mas, since the — day of July, eighteen hundred and sixty-seven, and
been settled continuousl}' since on the following land in Sierra Valley,
county and State aforesai<l, to wit: The south half of the southwest
quarter, the Avest half of the southeast quarter, section nineteen, town-
ship twenty-two north, range fifteen east; that the said land is now
claimed as swamp and overflowed land b}' the State of California; that
he has had goo^l opportunity of judging and being informed of the true
nature of said land in this valley, lying in township twenty-two north,
range fifteen east, township twenty-two north, range sixteen east, and
townshij:) twenty-three north, range fifteen east; that he frequently
crossed the valley, and' that portion of it now claimed as swamp and
overflowed; that, on that portion claimed as swamp and overflowed, he
has been obliged to sink a well to the depth of fourteen feet in order to
obtain water, and the same is now nearly dry; that in the year eighteen
bundred and sixty -nine he bad to drive his stock a distance of from two
to three miles from the above mentioned land (settled upon by him, and
claimed as swamp and overflowed) before he could find water for them
to drink; that he kept at that time a dairy, and kept about forty cows,
and on account of the dryness of the soil he was compelled to drive
them that distance before he could procure any water, and said water
carried to the place where deponent used it for watering his cattle by
means of a ditch which extended about three to four miles higher up the
valley to a place near section fourteen, township twenty-one north, range
four east, which^said ditch was used for the purpose of irrigating the land
claimed as swamp land, as this deponent is informed and believes; that
he is also well acquainted with the nature of the land in the north part
of township twenty-two north, range 'fifteen east, and the south part of
township twentj'-three north, range fifteen east, claimed as swamp land,
and he knows that the settlers on the same are compelled, and do put in
dams in the sloughs running through said land, in order to cause the
water to overflow the land and cause the grass to grow; and that these
dams cause the said land to be overflowed in the spring and winter, and
without said dams the land would be too dry, and the grass would
wither and be unfit for hay; that, in his oi:)inion, there is no swamp and
overflowed land in said Sierra Valley and County of Plumas, except such
as has been surv^eyed and laid down on the official maps of the first sur-
vey of the United States of said Sierra Valley, and which does not
exceed three hundred and twenty acres.

EDWAPtD MEECER.

Subscribed and sworn to before me this twenty-ninth day of October,
A. D. eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

State of California,

County of Plumas.

William A. Sperry, being duly sworn, deposes and says: That he has

resided in Sierra Valley, County of Plumas, since the twenty-fifth day of
October, A. D. eighteen hundred and sixty-nine; that he is a citizen of
the United States, and a married man; that he frequently crossed the
valley over those lands now claimed as swamj) and overflowed, and had
no difficulty in crossing it in May and June; that he has just completed
a well, and had to sink it sixteen feet before he found sufficient water
for use; that said well is sunk in toMniship twenty-two north, range fif-
teen east, and on land claimed as swamp and overflowed, and adjoining
the land above mentioned as the land of B. Mercer, and that the main
facts stated in the affidavit of said E. Mercer are within his own knowl-
edge.
^ WM. A. SPEREY.

Subscribed and sworn to before me the twenty-ninth day of October,
A. D. eighteen hundred and seventy.

WILLIAM CAIN,
[SEAL.] Notary Public.

Julius Catlin, being first duly sworn, upon his oath deposes and says:
That he is an unmarried man, thirty-one years of age, and a native-born
citizen of the United States, and has been a resident of Sierra Valley
since July, eighteen hundred and sixty-one; that teaming has been his
principal business during several years of the time he has been in the
valley in transporting hay to the different mining towns; and that during
all that time he has never been prevented on account of water from
going with his teams and wagons, at any season of the year, with what-
ever load it might be necessary for him to haul; and that, from his gen-
eral knowledge of the valley lands during the time specified he can
fully corroborate the statements made in the affidavit of Edward Mercer,
attached hereto.

JULIUS CATLIN.

Subscribed and sworn to before me this twenty-ninth day of October,
A. D. eighteen hundred and seventy.

WILLIAM CTAIN,
[seal.] Notary Public.

Hiram Lewis, being duly sworn, ujjon his oath deposes and saj^s: I am
a native-born citizen of the United States, a married man, forty-nine
years of age, and have resided in Sierra Valley since September, eighteen
hundred and sixty-two, and on my present ranch since the Spring of
eighteen hundred and sixty-three. I am well acquainted with all parts
of the valley, and have had occasion to travel over it frequently with
my teams at all seasons of the year, but have had no difficulty in so doing
on account of high water. I am aware that very much of the land in
the valley has been claimed to be swamp and overflowed, but I know the
fact that on ranches where such claim has been made it has been neces-
sary to throsv dams across creeks and sloughs in order to overflow such
land in order to secure a good crop of hay. The principal business of
most of the settlers in this part of the valley has been stock raising and
dairying, and in order to provide for the Winter keep of stock it has' been
necessary to cut a large quantity of hay, which is cut every season, so
far as my knowledge extends, with mowing machines. My own ranch
is entirely inclosed with post-and-board and rail fence, and one hundred

acres are cultivated in grain. The improvements on my place have cost
me over two thousand dollars in gold coin.

H. LEWIS.

Subscribed and sworn to this first day of November, eighteen hundred
and seventy.

WILLIAM CAIN,
[SEAL.] Notary Public.

•
State of California,

County of Plumas. ''

Justus C. Haynes, being duly sworn, deposes and says: That he is a
native-born citizen of the United States, of the age of thirty-one years,
a married man, and that he is at present residing with his famil^^on the
following laud in Sierra Valley, Plumas County, California, to wit: The
northeast quarter of northeast quarter, section thirty-five; southeast
quarter of southwest quarter, section twenty-six; south half of southeast
quarter, section twenty-six, township twenty-two north, range fifteen east,
3Iount Duiblo base meridian; that he has resided continuously on said
land with his family since the ninth day of January, eighteen hundred
and sixty-eight; that his farming operations consist of raising grain,
vegetables, and stock, and dairy business; that about ninety acres of
said laud is meadow 'and, and that in order to raise a good crop of grass
he is compelled to turn water over it for irrigating purposes, by putting-
dams across the creeks and sloughs; that he has about one hundred
acres under fence, and has a dwelling house, barn, and outhouses erected
on said land, and his improvements have cost him not less than five hun-
dred dollars in cash; that he has eighteen head of cows, eleven head of
young stock, five horses; that he has cut forty-five tons of hay on said
land with a mowing machine, and hauled the same, and stacked it on
said land; that the State of California claims eighty acres of said land
as swamp and overflowed land, but that said land is of such a nature
that he cannot successfully raise a hay crop thereon without irrigating
the same, which he has done the present season,

J. C. HAYNES.

Subscribed and sworn to before me the first day of November, A. D.
eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

State of California, ]

County of Sierra, j

Patrick Connolly and David Russell, being duly sworn, each for himself
and not one for the other, says: That he is a resident of Sierra Valley, in
Sierra County, California, and that he is settled upon the following
described land, to wit: The east half of the northeast quarter, section
three; the west half of the northwest quarter, section two, township
twenty-one north, range fifteen east, Mount Diablo base meridian; that

about the day of January, eighteen hundred and sixty-nine, they

purchased the said land from William Freeman, who had preempted the
same and paid for it, and obtained his patent for it, deponents having
the patent therefor; that there is now erected on said laud a dwelling

house and outhouses, and a barn eighty feet long by thirtj^-two feet
wide, and about one hundred and sixty acres fenced, and ten acres in
grain, onions, cabbages, turnips, lettuce, and other garden stulf; that the
improvements are of the value of one thousand five hundred dollars;
that they use the said land for raising grain and grazing purposes, a
portion of the land being high sagebrush land and well adapted for
raising grain, they having raised a bountiful crop this year; that the
land is of such a nature that they are compelled to dig d tchos and
trenches and put in dams in the creek called Loj'altou Creek, and irri-
gate their land, both grain and meadow land, in order to cause the grain
and grass to grow, and that the water in Summer is so scarce as to
cause quarrels among the Jieighboring settlers in regard to priorities of
water; that the water they use for household purposes is taken from a
well about ten feet deej}, dug on said land by these deponents; that
during the Summer season they have to draw water from this well for
watering their cattle; that they have about one hundred and one head
of cattle, tifty or sixiy hogs, and six horses on their farm above men-
tioned; that they can drive over said land the entire year with a loaded
wagon without miring down; that during the last Winter the}' hauled
heavy loads of hay over the said land without any trouble or inconve-
nience; that said land is claimed, as dej^oneots have been informed and
believe, by the State of California, as swamp and overflowed land.

DAVID EUSSELL,
PATEICK CONNOLLY.

Subscribed and sworn to before me, the thirty-first day of October,
eighteen hundred and seventy.

WILLIAM CAIN,
[SEAL.] Notary Public.

State of California, ")

County of Sierra, j ^^'

David Russell, being duly sworn, deposes and says: »rhat about the

day of July, eighteen hundred and sevent}', he jjurchased of. Isaac

Weston the possessory right to the tbllowing land, to wit: The east
half of the southwest quarter, the west half of the southeast quarter,
section two, township twenty-one north, range fifteen east, and the
improvements thereon; that this deponent has declared his intention of
becoming a citizen of the United States, in accordance with the naturali-
zation laws, and a part of the time he resides on the said land; that he
has improvements on said land, consisting of a dwelling house, and that
the entire one hundred and sixty acres are under fenc^e; that said land
is used by him the present year for grazing purposes and cutting hay,
although a part of it is well adapted for raising grain, eleven'acres
having, three years ago, been cultivated in grain, and a very good crop
raised thereon; that they have ditches dug and dams put in in order to
irrigate said land and cause the grass to grow; that he is now enu-aged
in sulking a well; that he has sunk it four feet deep, but has not s^truck
^ water yet; that he has cut this last year fifty tons of hay on said land,
and has it now stacked on said land in order to feed the same in the
Winter to his cattle; that the said land is claimed by the State of Cali-
fornia as swamp and overflowed land.

DAVID EUSSELL.

Subscribed and sworn to before me this thirtj-firat day of October,
eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

Richard Moody, being duly sworn, upon his oath deposes and says: I
am a naturalized citizen of the United States, an unmarried nuiu, and
forty-two years of age, and have resided in Sierra Valle}' since the year
eighteen hundred and sixty-three, and upon the southeast quarter of
section thirty, township twenty-two north, range titteen cast, Mount
Diablo meridian, for over one year last past. Said land has been
claimed by the State of California as swamp and overflowed land, but
it is not of that character in the proper acceptation of tlie term. In the
Spring of the year, when the snows melt upon the surrounding moun-
tains and the rains fall, much of the meadow landis for a short timt are
submerged; but after the snows have melted, and the rains cease, the
waters rapidly recede and dry up, and lands used for grain growiiig can
be plowed; and upon the meadow lands it is a benetit to have the water
stand, as it insures a good crop of hay; and notwithstanding the Spring
overflow of these meadow lands, very many of them require irrigation
for that purpose. I am well acquainted with the whole valley, have
traveled over it in all directions, and can safely affirm that there are
not one thousand five hundred acres of swamp laud in the valley, and no
overflowed land, except from the causes before stated. As early in the
season as July last I was conipelled to drive my stock a half mile for
Avater, which comes from an irrigating ditch higher up the valley. There
was no time during the past Winter but what I could drive my horses
and wagon, with a thousand pounds weight in it, over an}' part of my
ranch Avithout the least difficultly, although on my meadow land the
water was four or five inches deep, and which had all dried up in
sloughs, and all by the first of June. I cut my hay about the middle of
Jul}', eight}' tons, using a moA'ing machine for that purj^ose, the ground
then being perfectly hard and dry, and I had to draw water from the
well at my house to water the teams used on the mower. My improve-
ments on my preemption consist of a dwelling house, fourteen by six-
teen, with kitchen, sleeping room, and milk house attached; two barns,
one twenty by forty, and the other twenty-six by eighty, both frame
barns, now filled with hay, beside cattle sheds, wagon shed, and hog
l^en. There are ten acres fenced in with a good post and board fence;
and 1 have now eight hundred posts ready to inclose more of my laud,
when I can perfect the title to the same, which I am now prevented
from doing on account of the swamp claims made by the State.

EICHARD MOOD^

Subscribed and sworn to before me this thirty-first day of October,
eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public, Sierra County, California.

State of California, \

Plumas County, j

Jacob Stiner, being duly sworn, deposes and says: That he is a native-

born citizen of the United States, a married man, of the age of forty-six
years, and that he has resided in Sierra Valle}^, County of Plumas, Cali-
fornia, continuously since eighteen hundred and sixty-four, and has
continuously since been settled with his family on the following laid,
to wit: The southeast quartei', section six, townshij-) twenty-two north,
range sixteen east. Mount Diablo meridian; that he has a dwelling
house, two barns, outhouses, and the entire claim under fence; that one
of said barns is sixty-eight feet long, and sixty feet wide, and the other
barn is twenty-four b}^ thirty-two feet; that the entire improvements on
said land have cost him about four thousand dollars; that he has over
one hundred head of stock, mostly milch cows, and has made the present
year two thousand live hundred pounds of butter; has ten head of horses,
and ten hogs; that he has forty acres in barley, and seventy-five acres
of meadow land, on which, in order to raise a good crop of hay,
it is necessary to turn water by means of dams and ditches to over-
flow the land, which said irrigating process he has to commence about
the latter j^art of May each year; that one of the tributaries of Feather
River runs through his land, and which, as a general thing, is dry
by the middle of July, and that thereafter it contains no running water
until the rains of Winter or the melting of the snow in the Spring
cause it to flow again; that during the last five years he has been in
the habit of irrigating his meadow land, and been enabled by such pro-
cess to raise as high iis seventy-five tons of hay on said land, whereas, pre-
vious to said irrigating process, he has been enabled to raise onl}^ about
thirty tons on the same amount of land; that he is well acquainted with
the lauds claimed by the State of California as swamp and overflowed
lands in township twenty-one north, range fifteen east, township twenty-
two north, range fifteen east, township twenty-two north, range sixteen
east, township twenty-three north, range fifteen east, and township
twenty-two north, range fourteen east, and township twenty-three north,
range fourteen east, and believes from personal observation, having been
over said land at different times of the year, that good crops of hay can-
not be raised on the same Avithout irrigation, excej)t, perhaps, two hun-
dred to three hundred acres in sections twenty and twenty-nine, town-
ship twentj^-two north, range fifteen east; that on Bone of the above
mentioned lands have any artificial means of drainage, such as digging
ditches or building levees for its reclamation, been resorted to, it being
generally understood among the settlers on said lands that means for
irrigation are more necessaiy for successful raising of crops of hay or
grain than drainage; that the usual time for commencing tlie sowing
of grain is from the first of April till the last of June; that were the
meadow lands not more profitable for raising hay and pasturage, they
could be plowed and crops of grain raised thereon, and he believes that
grain could be raised on any of the lands claimed by the State of Cali-
fornia as swamp and overflowed lands in the above townships, with the
above exceptions; and that the above statements are made from his per-
sonal knowledge and careful observations during his residence in said
Sierra Valley.

J. STINEE.

Subscribed and sworn to before me the second day of November,
A. D. eighteen hundred and seventy.

WILLIAM CAIN,
[SEAL.] Notary Public.

State of California, |

County of Plumas, j

Henry Stiner, being duly sworn, deposes and says: That he is a native-
born citizen of the United States, of the ago of twenty-two years; that
he resided in Sierra Valley, California, continuously since July, eighteen
hundreil and sixty-four, and is settled upon the following land: the west
half of northwest quarter, section seven, township twenty-two north,
range sixteen cast, and the cast half of northeast quarter, section twelve,
township twenty-two north, range fifteen east, Mount Diablo meridian;
that he has the entire claim under fence, and the costs of his improve-
ment arc about one thousand dollars; that the entire claim consists of
meadow land, and that during the present year he has cut about seventy-
five tons of hay on said land; that the past Summer he has irrigated the
same, and raised a better crop of hay than during the preceding Sum-
mer; that in the Summer of eighteen hundred and sixty-nine he was
enabled to cut only about twenty-five tons of hay on said land, owing to
his not irrigating the same; that, in order to raise a good crop of hay, it
is absolutely necessary the same should be irrigated, and that, if he had
better means of irrigation and more water to turn on said land, he would
be able to raise a far better crop than he has been able to raise the
present year; that the above mentioned land is claimed by the State of
California as swamp and overflowed land, and that he is acquainted with
the nature of the land claimed as swamp and overflowed lands in the
vicinity, and knows them to be of the same character as his own, and
need irrigation in order to raise a good ha}^ crop.

HENEY STINEE.

Subscribed and sworn to before me the second day of November, A. D.
eighteen hundred and seventy.

WILLIAM CAIN,
[SEAL.] Notary Public.

State of California, 1

County of Plumas, j

3f. J. Turney, being duly sworn, deposes and says: That he is a native
born citizen of the United States, an unmarried man, of the age of fifty
years, and a resident of Sierra Valley, County ot Plumas, California, and
continuousl3', since August, eighteen hundred and sixty-four, has been
settled upon the following land, to wit: the south half of the southwest
quarter, section six, the west half of the northwest quarter, section
seven, township twenty-two north, range sixteen east. Mount Diablo
meridian; that he has a dwelling house on said land, and the entire
claim under fence; that the improvements have cost him about fifteen
hundred dollars; that he uses said land for grazing purposes chiefly,
having only about thirty acres in grain; that in order to raise a good
hay crop, it is necessary to cut ditches and trenches, and build dams
across the creeks and sloughs, for the purpose of iri'igation, which this
deponent has been doing every year since he has been on said land, and
has used ever}^ etfort to make the land wetter every year than it natu-
rally is, and is now constructing on his land a large dam and a flume in
the creek for the purpose of, by means of a gate in said flume, the better
to be able to irrigate said land; that he has one hundred head of cattle,
and sixty of them are milch cows, the balance stock cattle; that he has

made about two thousand five Inmdrcd pounds of butter the present
year; that on an average, he has to commence irrigating his bind for
the i)urpose of causing the grass to grow about the latter part of May
eacli 3'ear; that, about the first part of May, he sowed his grain, which
is the usual time for sowing; that the above facts in regard to the irri^
gatioi) of his land will equally appl}^ to many other lands in his vicinity
now claimed as swamp and overflowed laud by the State of California.

M. J. TUENEY.

Subscribed and sworn to before me the second day of November, A. D.
e'.ii-hteen hundred and seventy.

WILLIAM CAIN,
[seal.] - Notary Public.

State of California, \

County of Plumas. J

H. T. Dedmon, J. W- Dedmon, and A. Dedmon, being dul}^ sworn, each
for himself, depose and say: That they are jjartners in the business of
ranching and stock raising, and have, since eighteen hundred and sixty-
two, continuously resided in Sierra Valley, Plumas County, California,
and been settled since the first day of June, eighteen hundred and sixty-
nine, on the following land, to wit: northeast quarter, section thirty-two,
township twenty-three north, range fiiteen east, southwest quarter, sec-
tion thirty-two, township twenty-three north, range fifteen east, south-
east quarter, section thirty-two, township twenty-three north, range
fifteen east, and on the south half of southeast quarter, section thirty-
one, township twenty-three north, range fifteen east, and lot two of
northeast quarter, section six, township twenty-two north, range fifteen
east, preempted by W. M. Clark, now claimed by purchase by said
Dedmon partners; that they have about four hundred and eighty acres
under fence, and a dwelling house erected on the same land; also, a barn
of the length of one hundred and two feet by thirty-six feet wide, five
miles and a quarter of post-and-board fence; said improvements have
cost them at least four thousand dollars; that they have fifty acres
under cultivation in grain, and two hundred and eight}-^ acres meadow
land, which is claimed by the State of California as swamp and over-
flowed land; that they have cut hay off" all the said meadow lands except
those portions that they could not irrigate for want of VN'-atcr, and in
consequence did not produce a crop; that portions of those lands where
they did cut hay were irrigated by means of dams across the slough
that runs through said meadow land, in which slough the water ceases
to run in the middle of June; that during one year of their residence
upon said land, to wit, the year eighteen hundred and sixty-four, there
was no water to be had for irrigation, and we were, for that reason,
unable to cut a ton of hay on the entire ranch, and said meadow laud
did not even proiluce suflftcient grass for feed for stock; and that during
the following year, for the same reason, they were unable to cut only
one fourth of a crop; that in the year eighteen hundred and sixty-three,
for the reasons above stated, they were unable to harvest a crop of hay
on account of lack of Avater for irrigation; and that the wettest Winters
and Springs are the most favorable for producing a large crop of hay;
and that raising hay is more profitable to them than raising grain, on
account of the distance to market; that the meadow land could be

jilowed and put into grain if thc}^ so desired, and which would produce
good crops of grain unless injui-ed by frosts, which frequently occur
during the Summer months in this high altiluile; that oats sown in the
month of June on an adjoining ranch has pi'oihiced a goorl crop; tiiat the
present j'ear they cut one hundreil and forty tons of lui}' on said land.

ALLEX DEDMON.
H. P. DED.MON.
J. W. DEDMON.

Subscribed and sworn to before me the third day of November, A. D.
eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

Bohert JlcCtdlough, being duly sworn, deposes and says: That he is a
native born citizen of the United States, and of the age of thirty-three
years, married man, and once the owner of a j^ortion of the above
desci'ibed land; that he has heard the above statement read, and knows
the contents thereof, and that the same are true of his own knowledge,
except as to those matters therein stated on information and belief, and
as to those matters that he believes it to be true.

EOBEET McCULLOUGH.

Subscribed and sworn to before me the third day of November,
eiifhteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

State of California, }

County of Plumas, j

William D. Ncivland, being duly sworn, deposes and says: That he is a
native born citizen of the United States, a married man, and is at pres-
ent residing with his family in Sierra Valley, County of Plumas, Cali-
fornia, and has been continuously residing in said Sierra Yalley since
eighteen hundred and sixty-two, and been settled with his familj^ since
the month of April, eighteen hundred and seventy, on the following
land, to wit: On parts of sections two and three, township twenty-two
north, range fifteen east, Mount Diablo meridian, all of which land is
claimed'by the State of California as swamp and overflowed land; that
he has one hundred and twenty acres of meadow land, and forty acres
of high sage brush land; that he has had during the present year about
four acres under grain; that the largest part of said four acres was upon
the lowest meadow land; that he has cut the present year about forty
tons of hay; that in order to raise the said hay, he has been umler the
necessity of irrigating said land; that on account of making so recent a
settlement on said land, he was unable to dig ditches and build dams, as
he otherwise would have done if he had been on the land a longer time,
for the purpose of more thoroughly irrigating said land; that in the
present year he commenced cutting his hay crop in the first part of
July, but that the said land has not been overflowed since his settlement
on the same, and that during the month of February he hauled his lum-
ber on wagons for the purpose of building his house; and there was no

water on said land, except what was running in the creek; and from his
observations and knowledge the wettest Winters are the most favorable
for raising a good crop of hay and grain of all kinds in Sierra Valley;
that his improvements consist of a substantial dwelling house, barn, and
corral, and cost from three hundred to four hundred dollars; that he has
thirty-eight head of stock; that in order to water said cattle he has been
compelled to sink a well twelve feet deep and draw water from it for
that pur])osc from the first day of August; that stock cattle running at
large have also been watered at the same well, because there was no
water in any of the creeks in his vicinity.

W. D. NEWLAiSD.

Subscribed and sworn to before me the second day of November, A. D.
eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

W. J. Marsh, being duly sworn, deposes and says: That he is a native-
born citizen of the United States, and has been a resident of Sierra Valley
for about five years, and having once owned the claim of the aforesaid
W. Newland, he can corroborate the aforesaid statement of said W.
Newland; that in the Spring of eighteen hundred and sixty-lour, the
meadow lands in the northwest corner of township twenty-two north,
range fifteen east. Mount Diablo meridian, designated on the oflicial map
as a slough, were not overflowed at all, and the grass did not begin to
grow until the rains in the mouth of Ma}^, and they were not sufiicient
to cause a good crop of hay to grow, and that on a great many ranches
the settlers did not attempt to cut any grass at all, on account of the
drought.

W. J. MARSH.

Subscribed and sworn to before me the second day of November, A. D.
eighteen hundred and seventy.

WILLJAM CAIN,
[SEAL.] Notary Public.

Jason 0. Smith, being duly sworn, upon his oath deposes and says: I
am a native born citizen of the United States, a married man, and thirty-
six years of age, and reside in Plumas County, California, on my pre-
emption claim, which embraces the north half of northwest quarter, the
southeast quarter of northwest quarter, and northeast quarter of south-
west quarter of section twenty-six, township twenty-two north, range
fifteen east, Mount Diablo base and meridian, and upon which I have
resided with my family for the last three and a half years, but have had
possession of the said land since the Spring of eighteen hundred and
sixty-four, and have cut hay off of it every year since to the amount of
eighty tons each year; but in order to obtain a good crop of hay I have
been obliged to irrigate the land by throwing dams across a small creek
running through my clann, causing the water to overflow the meadows.
Claim has been laid to said land by the State as swamp and overflowed,
but it is not of that character, as it is only overflowed by reason of the
dams across the creek (put there for that purpose), except for a short
time in the Spring, when there is an unusual amount of snow carried off"
by heavy rains. I have resided in Sierra Valley since the year eighteen
hundred and sixty-two, and from my knowledge of the land in township

twenty-two north, range fifteen east, above named, there is not swamp
land enough on anyone forty-acre tract to constitute it swamp and over-
flowed. And according to my host judgement and the knowledge I have
of the land in said township, there is not a forty-acre tract of land in
it but what is dry enough on the lirst of July to put in and raise suc-
cessfully a crop of beans, j^cas, aiid turnips, unless they were killed by
frosts, which sometimes occur during the Summer months in this valley.

JASON C. SMITH.

Subscribed and sworn to before me this twenty-ninth day of October,
eighteen hundred and seventy. •

WILLIAM CAIN,
[seal.] JSTotary Public.

State of California, | ^

County of Plumas. J ''

George Fletcher, being duly sworn, deposes and says: That he is a
naturalized citizen of the United States; an unmarried man, of the age
of thirty-seven years; has been a resident of Sierra Valley since
eighteen hundred and sixty-four, permanently, and has been settled on
the northeast quarter, section thirty, township tweut3-two north, range
fifteen east, 3Iount Diablo meridian, since fifteenth July, eighteen hun-
dred and sixty-five; that for eight years previously he was engaged in
mining and packing, and every Summer during that time he came to
Sierra Valley, generally in the month of* June, and cut and put up hay;
that his entire claim consists of meadow land, and is claimed hy the
State of California as swamj) and overflowed land; that all the hay he
has been enabled to cut on his land the present year, on account of the
drought, including his whole quarter section, does not exceed sixtj^tons;
that if he could have irrigated it properly he could have cut one hun-
dred and eight}' tons on the same land; that it is only during seasons
following a severe and wet Winter and Spring, when heavy snows fall
during Winter, and going off" with heavy rains in the Spring, that full
crops of hay can be harvested on his own and the meadow lands of
adjoining ranches, and since his permanent settlement in eighteen hun-
dred and sixty-four only one such favorable season has occurred; that
his object in settling on said, ranch was for the j)urpose of engaging in
the dairy business; that he will be unable to carry it on successfully
unless he can succeed in irrigating his land by artificial means; that he
and the owners of the neighboring ranches intend bringing the water,
by the construction of ditches, from large springs near the foothills
bordering the valley for the irrigation of their meadow lands. Deponent
further says that he has to drive his young stock two and a half miles
to some springs to find the nearest water; that he has a few cows on his
ranch which he waters from a Avell dug near his house; that during the
Summer of eighteen hundred and sixty-nine, from first of August till
fifteenth of October, he M^as compelled to drive his stock from three and
a half to four and a half miles in order to find water for them; that in
said Summer of eighteen hundred and sixty-nine he had a flock of tame
ducks, but that there was no water on his land that they could get to,
except what he drew from his well; that he has never even seen a frog
on his ranch; that his improvement consists of a house, barns, cattle
shed, and fencing to the extent of two miles; that said improvements

have cost him one thousand three hundred dollars in gold coin and over;
that he is desirous of making more improvements on his land, but does
not wish to do so until he is able to ascertain Avhcthcr the (lOvernment
of the United States can give him a title to his land under the preemption
laws, under which he has made his settlement; that he knows it to be a
fact, from frequent conversation with his neighbors, that they feel that
it is useless to go to any further expense in making improvements on
their lauds until they are assured that they can obtain a title from the
Government to the same, under the preemption laws under which their
settlements have been made, inasmuch as more or less of their land has
been claimed by the State of California as swamp and overflowed, which
ekiims have greatly retarded the growth and prosperity of the said
Sierra Valle}', and paralyzed the energies of the settlers.

G. C. FLETCHEE.

Suhscrihed and sworn to before me this fourth day of JSTovember, A. D.
eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] Notary Public.

Joseph Hopgood, being duly sworn, upon his oath deposes and says:
That he is a native-born citizen of the United States, a widower, forty-
eight years of age, and has resided in Siei'ra Valley since Jul}', eighteen
hundred and sixty-nine; that he has filed his declaratory statement and
settled upon land lying in sections seven and eighteen, township twenty-
two north, range fifteen east; one hundred and twenty aci'es of which
is claimed by the State of California as swamp and overflowed land;
that he has heard the foregoing affidavit of G. C. Fletcher read, and
knows that the facts therein stated in regard to the dryness of the
meadow lands, and the impossibility of getting a good crop of hay
unless said lands are irrigated, are a true and correct statement; that
one hundred and twenty acres of his land is meadow, eight}' acres of
Avhich is thickly set with wild clover and timothy grasses, and that the
present season he has harvested only about a iburth of a crop, by
reason of the want of water for irrigation. Deponent states that his
improvements consist of a dwelling house, barn, and corral, which have
cost him three hundred dollars cash, and that he cannot run the risk of
putting on more improvements until the question of title to the land is
decided; that nearly all his meadow land was dry enough in the month
of May to have plowed and put into grain, even right up to the bank of
the slough running throuadi his land.

JOSEPH HOPGOOD.

Subscribed and sworn to before me this fourth day of November, eigh-
teen hun<lred and seventy.

WILLIAM CAIN,
[SEAL.] Notary Public.

State op California, |

County of Plumas, j ^^'

Albert Hxibbard, being duly sworn, deposes and says: That he is a
native-born citizen of the United States; an unmarried man, of the age
of thirty-seven years; that, in a partnership with his brother, W. J.

♦I

Eliibbard (who filed a preemption claim upon the following land, to wit:
:he southwest quarter of section thirt^'-one, township twenty-two north,
range titteen east, and upon the southeast quarter of section thirty-six,
township twenty-two north, range fourteen east), they have resided
ipon said land continuously since the year eighteen hundred and sixty-
dve; that said land is arable land, but one hundred and twenty acres of
the same is claimed by the State of California as swamp and overflowed
land, but that they have cultivated portions of the said one hundred and
twenty acres every year, and could have raised grain on the whole of
it; that they have cut hay oft' about thirty acres of the same; that,
upon said Wand claimed to be swamp and overflowed, they have erected
a barn sixty-six feet long by twenty-eight feet wide, and a cattle shed
annexed to said barn of the same length, and the width of fourteen
feet, a granary in which there is now stored two hundred bushels of
barley and oats which was grown upon said land. The entire one hun-
dred and twenty acres claimed to be swamp and ovei'flowed is inclosed
by a substantial post-and-board and post-and-rail fence; that a part of
their farming oi)eration is dairying; that the water by them used for the
watering of their stock and irrigating purposes is brought by ditch a
distance of three miles; that they have fort}' head of cows and calves,
and ten head of mules and horses; that the improvements situated out-
side of the said j)ortion of land claimed by the fState consist of a dwell-
ing house which cost five hundred dollars, and a barn eighty feet long
and twenty-four feet wide, and sheds on each side of the same length,
and fourteen feet wide each, and one and a half miles of post-and-board
fence. All of the above named improvements have cost at least two
thousand five hundred dollars in gold coin. That the claim set up by
parties through the State claiming large tracts of land as swamp and
overflowed has been a great injurj' to the settlers, and greatly retarded
the growth and prosperity of the valley; that no preemptor on Govern-
ment land claimed by the State can perfect his title by proving up and
paj'ing the Government for his land until said land is decided either to
belong to the State by virtue of the claims set up thereto as swamp and
overflowed, or that it belongs to the General Government.

ALBEET HUBBAED.

Subscribed and sworn to before me the fourth day of November,
eighteen hundred and seventy.

WILLIAM CAIN,
[seal.] " Notary Public.

James Giblin, being duly sworn, upon his oath deposes and says: I
am a naturalized citizen of the United States; a married man, and over
the age of twenty-one years, and reside with my family upon my pre-
emption claim, which includes the south half of the northwest quarter
and north half of southwest quarter of section thirty, in township
twenty-two north, range fifteen east, Mount Diablo meridian, and Avhere
I havfc lived for about one year, but have been in Sierra Valley for the
last six years. Eighty acres of my meadow land is claimed by the State
as swamp and overflowed land, t^pon said land I have cut over fifty
tons of hay with a mowing machine the present season, which is not
over half a crop, owing to the fact that I did not have the means of

irrigating the same. It is a fact, within my knowledge, that it is only
during tlie Summer following a severe Winter and heavy snows and
Spring rains that a full crop of hay can he cut. This has been the case
since my residence of six years in the valley. I raised upon my land
during the last season a crop of barley and wheat, but owing to the
high altitude of the valley it is much better adapted to the dairying
business and to stock raising than to the growing of grain. My improve-
ments on said place consist of a dwelling house, cattle sheds, and I'encing,
which have cost me in money over five hundred dollars. The claim set
up hy parties to large tracts of the land in this valle}^ as swamp and
overflowed has been a great detriment to the settlers who cfaim under
the preemption laws, as they are prohibited from proving up and paying
for their lands, beside being uncertain when they will, if ever, obtain a
title to the same. It deters them from making further and needed
improvements, and works a very great hardship to all concerned.

JAMES + GIBLi:^.

mark.

Subscribed and sworn to before me this fourth day of November,
eighteen hundred and seventy.

WILLIAM CAIX,
[seal.] JS^otary Public.

In order to give some insight into the manner in which the internal
aiiairB of the Lnited States Laud Office have been conducted, we append
the following correspondence, prefaced by some startling facts connected
with the survey of township eighteen north, range one west, and the
settlements on that portion claimed as swamp and overliowed.

The record on the official plat of this township, alleges that the sur-
vey was made on the ground on the tenth da}^ of November, eighteen
hundred and sixty-seven; that the official plat was a23proved by the
United States Surveyor General, on the eleventh ^ay of November,
eighteen hundred and sixty-seven, and the certilicate of the Eegister of
the Land Office shows that on the thirteenth day of the same month
and 3'ear, this plat was filed in the United States Land Office at Marys-
ville. This township is distant from the United States Surveyor Gen-
eral's Office at San Francisco, not less than one hunured and seventy-five
miles b}' the then traveled route. It is generall}' supposed that plats
of townships are made from the field notes of the surve}^ on the ground;
so, to say the least, the facts in this case show an instance of expedition
in public matters never before equalled, it being only four daj^s from the
date of the survey until the plat was on file in the office at Marysville.

Township seventeen north, range one west, is alleged to have been
surveyed in the same month as township eighteen, but a little more time
seems to have been taken.

In township eighteen north, range one west, a number of persons set-
tled under the preemption laws, put up buildings, and cultivated the soil,
in that portion of the township claimed as swamp, and applied to the
Eegister of the local land office to file their deciaratorj'- statements,
which filings were rel'used on the ground that the lands were claimed [
hy the State as swamp. These settlers took an appeal from the Eegister's J
decision to the Commissioner of the General Land Office, which ajjpeal

^vas transmitted by the Eegister. The Commissioner, in a letter to the
Register, acknowledges the receipt of the settlers ai^plicution as follows:

Department of the Interior, "|

General Lund Ottice, April 2, 1870. J

Gentlemen: I am ir: receipt of Register's letter of sixteenth, and two
of eighteenth ultinio, inclpsing applications of Gilliam C llowanl to tile
for northwest quarter of se(;tioa, twenty-six, of Edward Fitzgerald for
the northeast quarter, and of J. \7. Padan for the northwest quarter of
fouHeen, eighteen north, one west, Mount Diablo base and meridian,
each indorsed with the refusal of the -Eeg'ister to admit the filing " for
the reason that said land is within the segregated line of swamj) and
overflowed lands, as shown by the official plat oh file in this (your)
office." I^especting the lands claimed as swamp in this township as
shown by said lines of segregation, I have to state that the.Survej'or
General w^as directed by our letter "E," of December first, eighteen hun-
dred and sixty-nine, to take testimony respecting the actual character of
the same and report the result, with his opinion, as early as practicable.
This report, dated seventeenth ultimo, is now on file in this office for
examination, and the affidavits forwarded with these applications,
together with the corroborative affidavit of Calvin D. Goree, will be
filed wnth said report for such consideration as they shall require.

Until a decision shall be made and your office advised, you will con-
tinue to refuse filings and applications for entry within the aforesaid
lines of segregation, reporting your action in each case to this office,
your decision in this case being fully ajjproved.

In any future reference to this letter please designate the same by
date as " G."

Very resi)ectfullv,

(Signed) JOS. S. WILSON, Commissioner.

To show the action of the General Land Office, we append another
letter of the Commissioner, in a precisely similar case, that of a settler
on township seventeen north, range two west, whose application to file his
declaratory statement was also refused b}' the Jiegister, and who also
appealed from that officer's decision to the Commissioner, with the
following result:

Department op the Interior, \

General Land Office, November 5th, 1870. j

Gentlemen: I am in receipt of Eegister's letter of twenty-first ultimo,
inclosing application of Chi'istopher Lowas to file his declaratory state-
ment for lots one and two of section twenty-four, township seventeen
north, range two west, wd)ich you have refused for the reason that said
lots are segregated on the approved plat as swamp land.

Christopiier Lowas and William Eejmolds allege under oath, that said
tracts are dr}- land, and that for the last six years grain has been
raised thereon to the extent of at least forty (40) acres. Mr. Ecynolds
further alleges that he has been well acquainted with the land ever
since eighteen hundred and fifty-two, and knows that it is the highest

land in that vicinity, and is not overfloAved except in extreme laigh
water, and the land is the first that can be cultivated in the Spring of
the year in that locality. Mr. Lowas alleges that he has purchased
valuable improvements thereon, and commenced the erection of a dwell-
ing house, and that his iujprovements ou said lots arc now worth about
two thousand dollars.

Our amended plat shows the area of lots one and two to be forty-two
acres. You will permit the filing of a declaratory statement by Christo-
pher Lowas, and notify the proper State autjion'ties, that they may have
opportunity of contesting the same if they aesire so to do.

Eeport the tiling, referring to this latter as " G " by its date.

Very respectfully' your obedient servant,

(Signed) '. JOS. S. WILSOIsT, Commissioner.

What influence -produced such antagonistic decisions in reference to
land of the sa-nie quality we are at a loss to know, and particularly when
the very witness who testified in the case of Lowas also testifies as to
the lauds in township eighteen north, range one west, claimed as swamp,
and upon which Howard, Padaii, and Fitzgerald had settled. This v\'it-
ness says "that for many years after his first settlement the whole
prairie countrj^, from Colusa to Chieo was covered with an immense
growth of wild clover and oats, two or three feet high, and that he
could at any time have cut one thousand tons or five thousand tons of
hay, had it been needed; that he has been perfectly familiar with all
the prairie lands in both townships, seventeen and eighteen north, range
one west, for the last eighteen years, and knows of his own knowledge
that the best crops of grain ever raised upon the prairie lands of said
townships were after they had been overflowed by one of the heavy
freshets which have occurred every few years, and that without such
overflow no dependence can be put upon raising a good crop of grain;
and that never since his knowledge of the countrj^ has there been a
j^ear that a crop of grain could not have been put tn on the prairie
lands in the above named townships in plenty of time to secure full
crops, so tar as any oyerflow was concerned; that when freshets have
occurred the waters have always subsided in time to put in grain, and
that seasons when the very highest floods have swept over these prairie
lands have been the seasons when the largest crops of grain have been
raised."

United States Land Office, \
Marj'sville, California, SeiDtember 12, 1871. J

Hon. J. E. Hardenblrgh,

United States Surveyor General, San Francisco:

Sir: I have the honor to acknowledge the receipt of the map of
^ township sixteen north, range two west, Mount Diablo meridian.

Very respectfully,

L. B. ATEES, Eegister.

Land Agency of tue University of California,

San Francisco, May 12, 1871.

Hon. J. TJ. IIardenburgii,

United States Surveyor General:

Sir: Having filed the notice with the United States Land Office, as
requested by the Act of Coni^ress, approved March third, eighteen hun-
dred and seventy-one, in accordance with the provisions of tlie same
Act, I respectfully ask that you cause to be surveyed the following
describctl land applied for by the Board of Ecgcnts of the University of
California: Township five north, range fifteen east; township four north,
range sixteen east; township sixteen north, range two west, Mount
Diablo meridian, when a dej^osit of the cost of survey has been made.

Your obedient servant,

H. A. HIGLEY, Land Agent.

Li township sixteen north, range two west, Mount Diablo meridian,
the records show that thirteen thousand nine hundred and twenty acres
are claimed as swamp and overflowed land. This township was sur-
veyed in July, 1871, and returned by the United States Deputy Surve^'or
as high land, and in October that portion claimed as swamp and over-
flowed was suspended by the United States Surveyor General from sale
or entry. We append the following correspondence regarding the
survey:

United States Land Office, )

Maiysville, California, May 1st, 1871. j

Hon. J. E. Hardenburgh,

United States Surveyor General, San Francisco:

Dear Sir: The settlers in township sixteen north, range two west,
are desirous of having that township surveyed, and ai'e willing to
deposit the money for the survey. Will you make an estimate of the
amount required to jsurvey the same, and will you issue a contract as
soon as the money is deposited for the survey of the same?

EespectfuUy yours,

L. B. AYEES, Ecgister.

State of California — State Land Office, ]

I- J

Sacramento, October 20, 1871.

Hon. J. E. Hardenburgh,

United States Survevor General:

Dear Sir: The lands shown on the annexed diagram within the
yellow lines have been surveyed and returned to this office as swamp
and overflowed. I therefore respectfully ask that you cause the same
to-be suspended from sale or preemption, and fix a time for taking tes-
timony as to their swampy character.

EespectfuUy,

[SEAL.] J. W. BOST, Surveyor General.

Per E. Twitchell, Deputy.

United States Surveyor General's Office, ")
San Francisco, November 6, 1871. j

I, J. E. ITardenburgh, United States Surveyor General of California,
hereby certify that the above and foregoing documents marked "A,"
"B," "C," and "D," relating to survey, etc., of township sixteen north,
range two west, Mount Diablo meridian, are true, full, and correct copies
of the originals now on file in my said office.

Attest my hand and official seal, the day and date first above written.

J. E. HAEDENBUEGH,
United States Surveyor General California.

There are forty-three settlers who have made their preemption filings
in the United States Land Office at Marysville, on lauds in this town-
ship, as follows:

No. 8,197— Henry K Gates,

No. 8,198 — Cornelius J. Thompson,

No. 7,970 — John Cheney,

No. 7,949 — Patrick Cranlej^,

No. 8,042— John Davis,

No. 8,032— John F. Bamberg,

No. 7,978— Thomas Knightly,

No. 7,977— Nep by Graves,

No. 7,980— J. M. Culp,

No. 7,973 — Daniel E. Landon,

No. 7,975— Wright G. Pierce,

No. 7,983— William B. Bolin,

No. 7,974 — David Lewis,

No. 7,972— A. S. Culp,

No. 7,989— Elisha B. Mead,

No. 7,988— Alfred Mead,

No. 7,9(J0— A. J. Ozmun,

No. 7,959— Theodore Smith,

No. 7,991 — Samuel I. Stoemer,

No. 7,990— George B. Mead,

No. 8,036— Patrick Martin,

No. 7.967—.

No. 8,039— James Sellick,
No. 7,984— Henry Wescott,
No. 8,001— John Ely,
No. 8,053— James T. Jones,
No. 7,982— James F. Jones,
No. 7,966— Thomas H. Culp,
No. 8,002— Nathaniel W. Trasher.
No. 8,029— Sarshel Cooper,
No. 8,030— Thomas B. Cooper,
No. 7,953 — Harvey Ketcherside,
No. 7,985 — Julia A. Ketcherside,
No. 7,956— B. C. Howard,
No. 7,955— J. W. Cook,
No. 7,965— S. H. Allen,
No. 8,037— F. M. Davidson,
No. 8,027—0. F. Walker,
No. 7,995 — Erskine Eathburne,
No. 7,996 — John Buncan,
No. 8,015— Charles S. Allen.
No. 7,979— C. S. Powell,
No. 7,968 — Jonas Speck,
Jerry Powell.

I hereby certify that the foregoing abstract of declaratory statements
filed in township sixteen north, range two west, Mount Diablo meridian,
is correct.

L. B. AYEES, Eegister.

The preemption claims of twenty-five of these settlers, aggregating
some four thousand acres, are included in the area claimed as swamp.

Several thousand acres of the land in this township is included in a
list of lands subniitted to the Board of Supervisors of Colusa County in
the following petition:

To the Board of Supervisors of Colusa County, State of California:

The undersigned present this petition and respectfully shoAv: That
they desire to adopt measures to reclaim the body of swamp and over-

flowed laiid-s hereto annexed, and for that purpose to form a district to
in dude the same, in pursuance of an Act of the Legislature of the State
of California entitled, "An Act to provide for the management and sale
of lamls belonging to the State," approved March twentj'-eighth, eighteen
hundred and sixty-eight. A description of the lands Avhich your peti-
tioners propose to reclaim is set forth by township, range, section, and
subdivision of section in the said schedule, which is hereby made part
of this i)etition. The number of acres in the whole district hereliy pro-
])osed to be formed is twenty thousand and sixt}' acres, of which your
petitioners are holders of certiticates of ]>urchase, patents, or other evi-
dence of title, to ten thousand four hundred and ninety-tive acres, being and
representing more than one half of. all the lands within the district in'o-
posed to be formed. The lands included within the limits of the proposed
district are swamp and overflowed lands, and are situated entirely in
Colusa County, and lie in one body and are susceptible of one mode of
reclamation. The quantity of land within the j^roposed district, sold, is
eighteen thousand seven hundred and forty acres, and unsold one thou-
sand three hundred and twenty acres, and the number of acres in each
tract and the names of the owners thereof, when known,, and if not
known, described as "unknown" are particularly set forth in the schedule
hereto annexed.

Therefore, your petitioners pray, that an order of publication of this
petition be made, and a day fixed for the hearing of the same, and that
upon the hearing, and proof of the statements therein contained, 3'ou
will approve and grant the said petition, and allow the formation of
the said district.

J. P. BAIXBPJDGE, WM. KAERTH,

MOSES STINCHFIELD, W. CALMES,
D. H. ALLEN, E. A. HAEPJS,

RICHARD S. BR0WN1:N'G, WM. BLANDING,
PAT WALLACE, H. DAVLS,

J. Mcelroy, Steele & mitciiell,

T. C. KING, A. H. ROSE, by

WM. BLAXDING, his attorney in fact,
THE SACRAMENTO VALLEY RECLAMATION
COMPANY, by

WM. BLANDING, its President.

State of California, \

Colusa County. J

Moses Stinchfield, being duly sworn, deposes and says: That he is one
of the above named petitioners, and signed the said petition; that he has
read the same, and knows the contents thereof; that the same is true of
his own knowledge, except as to those matters that are therein stated on
his information and belief, and as to those matters, he believes it to be
true.

MOSES STINCHFIELD.

Sworn and subscribed to before me this eighteenth day of August,
A. D. eighteen hundred and seventy-one.

J. B. DeJORNATT,
Notary Public, Colusa County, Cal.

The State of California, or parties in the name of the State, has set
up two chiinis to the lands in this township: tirst, under the grant to
the Agricultural College, which never claims swamp lands; second, by
the State Surveyor General, as swamp land — both claims made without
any regard to the claims of settlers under the preemption laws of the
United States. Judging from the following advertisement in Green's
Land Paper, the lands in townshij) sixteen north, range two west, must
be valuable:

" Colusa County. — Two thousand acres. — The southeast quarter of
section twenty-one; the southwest quarter; west half of southeast
quarter of section twenty-two; the east half of section twent^^-eight;
the west half; the southwest quarter; the south half of northeast
quarter and northw^est quarter of northeast quarter of section twenty-
seven; the west half of southwest quarter; southwest quarter of north-
west quarter of section twenty-six; the northeast quarter of section
thirty-three; the north half of section thirtj'-four; the Avest half of
northwest quarter of section thirty-five. All in township sixteen north,
range two west, Mount Diablo meridian; swamp and overflowed land;
needs but small reclamation to make verj' valuable farming land; most
of it is in good condition now for farming; all under feiice; two miles
and a half from Colusa; price, nineteen thousand dollars; terms, half
cash, balance in twelve months, at current rate of interest."

W. S. G. & Co.

"We have to say that the official records show that no less than six
declaratory statements are filed on some of the very laud ottered in the
above little advertisement of W. S. G. &. Co. We give entire credit to the
statement that the laud needs but little reclamation, and that most of it
is in good condition now for farming, all under fence; price, nineteen
thousand dollars.

The following letter from a citizen of Indian Yalley, Plumas County,
a region where the rights of the bona fide settler hav£ been invaded by
pretended swamp land claimants, still further exemplifies the effects of
the evils complained of:

Indian Yalley, Crescent Mills, l

Plumas County, California, November 12, 1870. |

Sherman Day, Esq.,

Surveyor General, San Francisco:

Dear Sir: I see that jou have advertised to hear the evidence of settlers
in regard to the swamp and overflowed lands in this part of the State, on
the twenty -first instant and first of December, with a view, as I have
reason to believe, of ascertaining the facts in regard to our valley lands.
Unfortunately for the interests of many parties here, as well perhaps as
of the government itself, there are those amongst us who are personally
and particularly interested, whose pecuniary condition utterly precludes
the idea of their being present at either of the days you mention, but
there are those in our midst wdio are trying to hold nearly if not all the
lands in this valle}^ as swamp and overflowed, who will be present, and
will, it is feared, produce evidence, and perhaps the affidavit of one of the
United States Deputy Surveyors, to the etfect that Indian Valley lands

are mostly if not entirely swamp and overflowed; while the faets are
that a very large proportion of our lands are as good, dr}', and tillable
as are an}' lands in the State. Not wishing to tax j'our time to too great
length, and being personally interested in the settlement of this ques-
tion, allow me to state the following facts, the tmith of which can bo
substantiated by the atiidavits of any number of citizens of this county:

In the month of December, eighteen hundred and sixt3'-niue, I moved
upon and claimed by preemption the following lands in this valley, to
Avit: The south one half of the northwest quarter of section twenty-
one, township twenty-six north, range ten east, and the north one half
of the southwest quarter of section twenty-one, township twenty-six
north, range ten east, and erected thereon a dwelling house, with a view
of proceeding at once to improve and cultivate said lands.

These lands were at the time unoccupied, except that they were
inside the enclosure of a party who claims to hold several quarter sec-
tions, and are situated more than one mile from his residence. A party
of armed men, of which the party claiming these lands as swamp and
ovt-rflowcd was one, burned my improvements, and forcibly ejected me
from the premises.

These lands are good and dry, in fact too dry for cultivation without
irrigation, and I am unable to conceive how any Surveyor can, in view
of the facts, return such a segregation as to make them swamp or even
wet lands.

The affidavits of any number of our best citizens can be obtained who
will testify to the above facts, and which if desired will be forwarded
to you without delay.

It is hoped that the interest of actual settlers will be protected, even if
their pecuniary cii'cumstances does prevent their being present in San
Francisco at the time you designate, and that monej'ed men and land
grabbers will not be permitted to "swallow up" the public domain,
without regard to the rights of bona fide settlers. I shall be pleased to
hear from you at your convenience in regard to this matter, and will
furnish any further information whenever desired.

Very respectfully, ^

(Signed) JAMES T. BECEAFT.

We would call siJecial attention to the following letter from the Com-
missioner of the General Land Office at Washington, to the United
States Surveyor General for the State of California. From its dictato-
rial tone, and the readiness evinced to assail "the position taken by that
officei*, and the evident traveling out of his way to defend the action of
the " Swamp Laud King," circumstances would warrant the suspicion
that the influences of this powerful organization are felt even at " head-
Cjuarters at Washington."

Following this, we quote from a letter of Ex-Surveyor General Sher-
man Day, sustaining tlie action of Deputy Surveyor Brown, in answer
to charges preferred against him b}' settlers in Indian Valley.

The affiilavit of Mr. Brown, which follows, acknowledging, under
oath, the inducement which caused him to change lands at first returned
by him as "high and dry," into swamp and overflowed, fully sustains
the correctness of the position assumed by Surveyor General ilarden-

burgh, who has, during his whole term of office, evinced a disposition to
administer its functions fairly and im])artially, and to see tliat equal and
exact justice is done alike to the honest settler and swamp land claimant.

Department of the Interior, General Land Office, )
Washington, D. C, ISTovember 2d, 1871. J

J. E. Hardenburgii, Esq.,

Survej'or General, San Francisco, California:

Sir: On the third ultimo this office telegraphed you, asking why trip-
licate i^lats of townships twenty-six north, ranges nine and ten east, had
not been forwarded to the United States Land Office at Susanville. On
the twelfth ultimo you answered, stating as your reason for not forward-
ing them that you had been informed by reliable authorities that Deputy
Surveyor Brown had improperly segregated the lands in said township
as " swamj) and overflowed," and that you proposed to investigate the
matter.

I would state for j'our information, if you are not already advised of
the fact, that a letter from E. D. Coleman, Esq., to Hon. A. A. Sargent,
containing charges of a similar nature, Avas forwarded to and now is on
file in your office. This letter is dated January thirtieth, eighteen hun-
dred and seventy, and in our letter of March first, eighteen hundred
and seventj^, inclosing the same, the Surveyor General was directed to
exercise the greatest diligence possible in ascertaining if the allegations
made in the said letter were true, using all possible means to correct
any wrong or fraudulent action which might be developed by the inves-
tigation. He was particularly enjoined to examine witli the most critical
care the returns of surveys of said township made by said Brown, to
the end that no lands embraced within his contract might be improperly
returned as swamp or overflowed. After a careful investigation of the
matter, the Surveyor General reported here July eighth, eighteen hundred
and seventy (see records of your office), exculpating Mr. Brown entirely;
" that he could find no facts to implicate him as having made any false
segregations in collusion with any one." The Surveyol" General's report
was approved by this office July twentieth, eighteen hundred and
seventy, and the plats of the said survey approved by him November
thirtieth, eighteen hundred and seventy, and forwarded here January
nineteenth, eighteen hundred and seventy-one.

I have, therefore, to instruct you, in view of the foregoing facts, that
you are not empowered to revise and re-try charges upon allegations
heretofore made and adjudicated. That the original approval of said
plat is not within your jurisdiction, and that, as your duty in the matter
will be merely ministerial, you will forward, without unnecessary delay,
to the United States Land Office at Susanville, triplicate plats of the
survey of township twenty-six north, ranges nine and ten east, and give
due notification of the fact to this office.

Yery respectfully,

WILLIS DEUMMOND,

Commissioner.

United States Surveyor General's Office, ")

Stiu Fruucisco, July Slfli, 1870. j

Hon. Joseph S. Wilson,

Commmissioner, General Land Office, Washiiiyton:

Sir: Referring to your letter "G" of March first, inclosing copy of
letter from E. D. Coleman, of Plumas County, to Hon. A. A. Sargent, I
have the honor to report as follows:

The two deputies to whom my attention was directed especially by
your letter are D. D. BroAvn and Thornton F. Battelle. The region
comprised within the contract of the latter was of so rugged and moun-
tainous a character as to leave not the slightest ground of susjiicion in
his case. Mr. Bi-own happened to be in San Francisco at the time of
the receipt of your letter, and I had with him several interviews on the
subject of the segregation of swamp lands within the scope of his con-
tract. I had also opportunit}' to converse with several gentlemen from
the same region who were more or less conversant with the subject,
and whose interests were on different sides of the matter in dispute.
Mr. Brown had not handed in nis field notes, nor had he finally deter-
mined upon his segregations of swamp land. He had only performed
the half of his contract on account of the apjjroach of Winter in those
high mountainous vallej^s.

I could find no facts to implicate him as being connected with any ring
of swamp land speculators, or as having made any false segregation in
collusion with any one.

[Signed] SHERMAN DAY,

United States Surveyor General.

State op California,

City and County of San Francisco.

D. D. Brown, being duly sworn, deposes and says: That in eighteen
hundred and sixty-nine, as United States Deputy under Hon. Sherman
Day, he made the survey of township twenty-six north, ranges nine and
ten east. Mount Diablo meridian; that after he had made the survey
sundry individuals of Sacramento objected to said survey, on the ground
that I had not made the segregation as swamj) and overflowed land, and
threatened to "burst up this survey;" that it being his first contract
with the Government he did not exactly know how to proceed; that
affiant withheld his field notes of the said survey of said township
twenty-six north, ranges nine and ten east. Mount Diablo meridian, until
the following July, eighteen hundred and seventy, when he returned to
said township and made the segregation, as appears upon the township
plat of said township in the United States Surveyor General's office,
appi'oved November thirtieth, eighteen hundred and seventy, by Hon.
Sherman Day, United States Surveyor General; that for making said
segregation of said township affiant was paid and received his actual
traveling expenses and exj^enses on the ground; that Messrs. Blood,
Taylor, Ashheim, R. Huff, L. Huff, et al., and all the settlers upon the
swamp land set forth in said township plat agreed to and with affiant to
pay him one thousand dollars for the additional work, and as pay for
the change of the previous year's work in making said survey and seg-
regation of said township aforesaid. I was notified and told by parties

in the swnmii land interest, that unless I made the change in the survey
of said township they would cause the saine to be rejected.

D. D. BliOWN.

Subscribed and sworn to before me this thirteenth day of November,
A. D. eijjjhteeu hundred and seventy-one.

J. A. ROBINSON,
[SEAL.] United States Commissioner.

In conclusion, we -would express the hope that even at this late day
in the session something may be done to protect the justly acquired
rights of the settlers upon the public domain lying within the bounds of
our State.

AVhile those who are seeking through urgent means to reap the fruits
of the labors of that class who may well and truly be said to have
"borne the burden and heat of the day" in the early career of our peo-
ple, besiege the halls of legislation in full power and force, this humble
class, lacking the means to make themselves heard, their just claims
acknowledged, and their rights properly respected, are left in the I)ack-
ground, and have consequently been largely the sufferers, through hasty
and ill-conceived legislation, cunningly devised and covertly smuggled
through by designing and interested parties. The State should no longer
place herself in direct antagonism to the honestly acquired rights of the
best class of her citizens, whose interests are inseparably connected
with their title to the lands they have entered upon in good taith, and
by its cultivation added to the material wealth and contributed to the
healthy growth and well being of the community. The gross injustice
and almost insufferable evils resulting from the improper segregation
of lands held and cultivated b}^ this class for years, and through collu-
sion, chicaner}', and the basest frauds — abundant evidence of which is
given in the foregoing pages — returned as swamp and overflowed, call
loudl}^ for reform from those whose province it is to^ee that equal and
exact justice should be meted out to all parties whose grievances demand
redress at their hands. It is furthermore to be hoped that the National
Congress will without delay pass such enactments as shall prove a per-
manent check upon the frauds practiced upon this class — the indisputa-
ble evidences of which we have herein set forth and placed upon the
record.

One of the wisest sages of an ancient republic defined that to be the
best government, " in which an injury to the humblest citizen should be
regarded as an insult to the whole community."

It is the duty of the law makers of the land to use every endeavor to
protect and perpetuate the right, and to see that the ends of justice are
fully accomplished.

II. K. TITENER,

Senate Committee.

J. M. DAYS,
J. N. TURNER,
LOOMIS WARD.

SWAMP AND OVERFLOWED LANDS

SOLD n TUE STATE, COIMENCIXG JAMARY 1, 1S6S, AXB EXDIXG DECEMBER 31, 187L

AVe also submit a summary of the number of acres of swamp land
sold in the State from January first, eighteen hundred and sixty-eight,
up to December thirty-first, eighteen hundred and seventy-one, and an
alphabetical list of parties purchasing over three hundred and twenty
acres:

SUMM-\RY.

Xame of County.

No. Acres.

Name of County.

No. Acres.

Alameda 15,800.16

Butte 1 2,204.83

Colusa 93,559.52

Contra Cofta i 20,448.79

Del Norte | 608.38

Presno I 27,687.06

Humboldt ; 2,016.76

Kern 81,248.00

Lake ' 3,269.06

Lassen and Plumas 22,9S7.64

Mendocino ' 120.00

Marin ' 2,959.25

Monterey i 168. .58

Merced I 23,719.91

Napa

Sonoma

Solano

San Mateo...
San Joaquin
Sacramento.

Sutter

Stanislaus...
Santa Clara
San Diego...

Tulare

Tehama

Yolo

Total

7,400.92
2,630.57

44,4.56.48

8,112.85

101,910.26

39,043.52

77,399.81
4,757.81
6,509.87
1,914.37
105,761.92
4,68(1.00

89,417.63

790,793.95

ALPHABETICAL LIST OF PARTIES PURCHASING OVER THREE HUN-
DRED AND TWENTY ACRES.

Names.

Acres.

Allen, C. H

Atwill, A.J

Alien, R. 13

Asbuiy, Elislia.

Bogg.«, John

Beard, E. L

Bostwick, H. A

Blair, Charles M

Bravnard, C. P

Bradford, S. W

Bottsfoid, W. H

Bunnel, C

Blah-, W. H

Baker, Thomas

Barton, .Jt^hn

Bardenweiper. A....

Brian, Lewis

Boyle, E, F

Burlinc^hame, Hk B.

BaltshV, S

Baird,-Alficd

Brittenbucher, C

Billean, S

Belcher, T. C

Blossen, A. C

Chapman, J. N

Chaplin, W. S

Cary, R. S

Colbv, G. W

Clark, W. Y

Coghlan, John M...

Clark, C. W

Cox, Gustaviis

Chapman, G. W....
Chester, George B..
Clary, William H..
Coleman, Thomas .

Chandler, L. C

Condon, James

Carpenter, E. B

Carroll, J. H

Collyer, Joseph

Campbell, W. L....

Cook, Joshua C

Chamberlahi, A

Campbell. C. I

Calmers, W

Costigan. W. G

Colby, W

Chester, Julius ,

Doyle, Robert E

Dennison, E. F

Dohcrtj^, (ieorge AV,

Domier, Fred

Dunn, William

Dunn, John

Dunn, James

Dassonville, F

Douglass, D. R

2,9(3n.00

1,160.00

C42.40

365.59

,440.
,918.
,800,
,1G4.
,400.
:l:V2.
,224,
,200.
,160,
,748,
758,
652,
646
640,
640,
640,
640,
520,
416
585,
400

41,578,

12,603

3,923

3,320

2,400

1,720

1,120

1,150

1,000

4,304

726

636

640

615

560

600

594

523

32,016

8,519.47

4,919.27

4,162.58

1,661.41

640.00

Dunlap, John ,

Dresclibeck, W^illiam.
Dalleba, H. S

640.00
600.00
410.46

Estelle, A. H 10,917.74

Ezacey, Justin 1,970.97

Edwards, John 520.00

English, James L 434.89

Fro.«t, C. S 596.44

Freeman, J. W [ 13,000.00

Fisher, Samuel ,
Fitch, W. W..
Farlin, D. H...
Fay, Norman
Forbes, A. B..

2,835.31
789.76
640.00
628.40
634.37

Grigsby, S. P ; 560.00

Goodwin, John B \ 5,100.00

Gibbs, C. D ' 4.329.17

Glide, Joseph | 4,280.00

Goad, W. F i 1,027.13

Goad, James A

Gallup, W. R

Gill, Isaac M

Greenough, Charles

Gregory, Henry

Green, W. S

Gregory, J

Goldstein, Isaac

640.00
640.00
640.00
640.00
600.00
560.00
565..57
460.00

Howell, Mark ' 35,720.00

Ka^-es, J. C-. : 9,095.62

Hinckley, J. C I 7,413.48

Hou.ston, R. G .•. ; 3,829..S6

Hastings, S. C ' 3,460.<>8

Heinlen, John ' 2.680.00

Harland, William ^ 3,040.00

" " ■ 720.00

720.00
641.98
640.00
640.00
640.00
640.00
640.00
640.00
600.00
600.00
563.05
520.00
487.84
400.00
360.00

Hart, Jackson ,

Hayes, L. C

Haines, G

Houghton, J. F

Hamilton, S. E

Hubbard, Charles M i.

Hunt, W. B

Hagadorn, D. F

Harks, John J\I

Harris, A

H.wis, J. H

Himmelman, D

Hotl'man, H

Hawxhur.>..t, H. S

Howell, E. F

Herrold, N. S

Jones, J. R 9,102.74

Johnson, James M ' 7,976.60

Jackson, A. R ' 7,040.00

James, H. G i 1,346.85

James, J. G 1,291.95

Jacob, E 2,080.00

Johnson, G. L ! 998.00

!Names.

Jacki-on, James E...

Jenk<, C. C

Jones, J. "VV

Johnson, Benjamin.

Kimhall, A, G

Kimball. G. G

Kitcliei.idcs J. H....

Kimbaii, John ¥

Koaincy, IW. T

Kimball, John II....
Kingsbuiy, Saimiel.
Kirkpatiick. 13. ¥...
Kettioman, David ...
Kane, J.N

La-peyie, T

Leet, George W

Lemen, John B

Lovett, Joseph

Le\vi>, O

La Montain.', H. 1).
Lettner, S. H

JIauldin, B. F

Mitchell, Tabh

Marshall, E. H

Muidoek,S

Mood^-, 'William

Miller & Lux

Mclntyre, John

Mathews, Amos

McDonald, M. A...

Monison, K. R

Mears, John K

Z\Iorgan, B. F

McDow, E. B

Murdock, K. S

McCann,.Geoige....
iMooney, ilichuel...

Morales, Diego

3Iullen, James

Jiuskc}', Peter

Maxwell, J. C

Murphy, Thc^mas...

Magncr, 3[<;;ris

Moulton, L. P

Merrill, A. C...

ilargelin, AYilliam.

Miller. Frank

Miller, Henry

Moulton, L. F

Murraj', A. H

Moont-y, John

Mars, J. A

Moulton, E

Murraj', G. H

Moulton, E. W

Melone, C. W

Meyers, J. F

Morrison & Mooic.
Mcintosh, James...

Mull, Eli

Mitchell, A. B

Mavei-, Samuel

McGriff, William..,
Miller, Frederick...

11,067.98

4,(580.00

4,417.7(3

2,2.^)0.20

1,7(J3.2()

1,040.04

(540.00

640.00

560.00

360.00

16,840.00

3,800.00
1,245.04
040.00
040.00
447.09
440.00

16,964.04

9,o01.14

5,181.(J2

5,344.00

1,503.22

1,480.00

1,260.28

1,115.88

835,26

81(>.90

846.60

2,900.00

800.00

720.00

760.90

74(3.00

045.18

644.38

640.00

040.00

640.00

4,247.99

4,160.00

3,783.67

612.00

612.(59

600.00

505.00

549.81

537.98

520.00

524.75

440.00

400.00

3(50.00

396.5(5

341.75

324.43

Names.

Newton, O. H

Owen, "William R.

Parks, William H.

Petlee, John

Pickens, 11. H

Parks, Robert F....
Patterson, John A.
Pennington, J. F..
Patterson, James ...
Palmer, George S...
Parsons, Erastus....
Perry, Charles F..

Portman, A

Patterson, J. W....

Patterson, E. H

Price, Thomas

Pierce, Andrew

Roberts, George D..

Reid, Charles F

Richards, C. B

Renschlin, J. F

Reed, 0. L

Reid, C.AV

Roth, C. D

Russell, M.J

RocJ.F

Rowley, R. G

Rightmeyer, James
Richardson, A. G...

Stabler, S.I

Smith, William H.,

Sweeney, M. D

Scoggins, A. J

Stiles, W. H

Stoneroad, N. B

Sproul, W. P

Shields, William ...

Sager, John

Schneid, J. D

Shipper, L. W

Slater, John A

Sperrj^, G. W

Sweet, Sol

Sargent, R. C

Sutherland, J. L

Scott, Joseph

Schnell, C. X

Snow, H. K

Smith, H. G

Stone, A. R

Shepherd, S. A

Slade, W. O

Spicer, J. H

Stiowbridge, J. W.
Stevens, Charles E.

Turner, W. C...
Treadway, S. C.

Taylor, J. L

Tavlor, G.L

Tally, John

Taylor, H. S

Trainer, H. C...

Names.

Acres.

Names.

Acres.

'Pr^1-.-»^^^rt "R^ P T?

040.00
040.00
643.45
416.77

640.00

720.00
1,494.43

5,541.14
3,077.21
2,422.72
1,030.71
1,280.00

Welsh, T. K

1,113.12

Tnr.l'or T TV

Wilcox, Harvey

yiio.oo

i White, John C.

722.00

T.illpvnnrl T A

1 Weaver, Jacob

640.00

040.00

TT . T A

Woods, J. H

560.00

Wheeler, E. J)

534.20

Wilkins, J. F

480.00

AVilcox, Hawley

480.00

1 Wood, W^. G

480.00

WiThnr T Ti

Waterman, Julia

480.00

AVilpnv^pn T

Wilbur,E

800,00

Webb C C

Yoland, Thomas

"WTioplm- T r

803.10

Yates, H, N

600,00

REPORT OF SPECIAL COMMITTEE

Resolutions of Mr. Barker, of Nevada,

CONCERNING

LAND MONOPOLY, Etc.

T. A. SPRINGER STATE PRINTER.

REPORT,

Mr. Speaker:

Your committee to whom was referred the subject matter contained
in the resolutions offered by Mr. Barker, January twenty-fourth, to wit:

Resolved, That the great resources of the State lie in its agricultural
facilities, and a cheap monetary system, together with a broad policy in
favor of actual settlers on the public lauds, with reliable information in
regard to the most practicable locations and means of access; and
whereas, a few men own large tracts of the most fertile lands, which
are withheld from the market for speculative purposes, thus retarding
the growth and prosperity of the State, and for which the State receives
no just return in the way of taxes; therefore, be it

Resolved, That the Speaker be and is hereby authorized and instructed
to ap2)oint a committee of five members of this House to consider the
best means to remedy the evil, and rejDort to the House at as early a day
as practicable by bill or otherwise;

Have had the same under consideration, and respectfully submit the
following as the result of their labor:

The resolutions were evidently intended to elicit practical suggestions
as to a remedy for certain evils indicated, the existence of which none
will deny, and which may be specified as follows:

First — The high rates of interest and scarcity of money prevailing in
the interior counties of the State, notwithstanding the reduced rates of
interest and the plethora of capital existing in the metropolis.

Second — The lack of precise and reliable information, so placed or
published as to be accessible to poor men, concerning the large amount
of agricultural lands which are vacant in this State, and actually open
to settlers under the United States preemption and homestead laws and
the land Jaws of this State.

Third — The disastrous operation of the injurious and defective land
laws, enacted by previous Legislatures of this State, under Avhich a
ruinous and demoralizing system of si)eculation in land, without occu-
pation, has grown up, which results only in retarding agricultural
improvement, forestalling those who may come here in search of homes,
and exacting from them large profits to useless middlemen and sharpers,
who cloud and control the title by a mere aiDplication or nominal pay-

ment, -without actually purchasing the State lands, thus creating a
landed nionopol}" which is giving the State a bad name abroad, dis-
couraging its present inhabitants, and deterring immigration, the surest
and greatest source of wealth in all new States.

Fourth — The lamentably defective character and corrupt administra-
tion of the laws concerning the assessment of real estate, whereby lai'ge
bodies of private lands held without improvement by unknown owners
not residents of the counties escape assessment and taxation altogether,
while where the owners of large tracts of the most valuable lands in
the State are known, their lands are assessed at merely nominal rates,
while the smaller adjoining tracts of their poorer neighbors are assessed
at full rates, and the burdens of sujiporting the Government arc thus
whenever jiossible shifted, as far as corrupt officers can do it, from the
shoulders of the rich to those of the poor, who are least able to bear
them.

It is manifest to every reasonable man that the continued existence of
glaring evils of the character above stated, and a system of legislation
so defective and oppressive in its operation, tends directly to impoverish
the State, to drive jDopulation from it, to deter immigration, to divert
capital from legitimate channels, to discourage and break down manu-
factures and productive industry, and to lead to still greater corruption
or willful negligence in the administration of all laws, no matter how
wisely drawn or beneficent in their intention and real character.

A LAND REFORM PROMISED.

Both of the great political parties which are represented in this Leg-
islature are pledged to a reform of our land sj'Stem, and if before
adjournment they fail to keej) these pledges will be held to a strict
accountability by the people who trusted them. Already, as some of
these evils are not confined entirely to this State, but traceable to
improvident and "short sighted national legislation, the indications are
that a third party may shortly make its api^earance with a broad land
reform platform, disturb the calculations and plans pf existing parties,
and if it does not decide the result of the next presidential campaign,
may yet ultimately control the policy and sway the destinies of the
entire country.

NECESSITY FOR A LAND REFORM.

Er-Governor Haight, in his first biennial message, si^eaking of our
land laws, said:

^ " Our land system seems to be mainly framed to facilitate the acquisi-
tion of large bodies of land b}- capitalists or corporations, either as dona-
tions or at nominal prices;" and he regretted "that any portion of the
public lands had ever been disposed of except to actual settlers."

In his message to the present Legislature he also said: *

" In the case of the swamp and overflowed lands a system of reclama-
tion may perhaps render their concentration in large bodies in the first
instance necessary; and, indeed, in the case of uplands, where large
tracts have been acquired by purchase, the fault is chargeable to the
system and not to those who avail themselves of it to purchase land."

Even this admission as to the swaiap hinds, guarded as it is l)y a "per-
haps,"' nia3' be denied, since these hinds were once concentrated in the
hands of the State, and had a comprehensive and wise plan of reclama-
tion been devised by competent engineers appointed by the State and
provision been made for carrying it out with funds to be raised by sale
of the lands when reclaimed, or bonds, the payment of which was guar-
anteed by a lien and taxation upon the lands to be reclaimed, such taxes
could have been paid quite as readily by a large number of small owners
and actual residents as by a small number of lai'ge owners, who expect
to reap innneuse profits over and aliove the cost of an imperfect, partial,
and defective reclamation which now threatens in man}- cases to be inju-
rious to the lands of owners of adjoining tracts, never previously or
very seldom subject to overflow. Accordingl}-, we see no reason why
even the swamp and overflowed lands might not also have been reserved
by the State for sale in small parcels to actual settlers only, Avho would
occupy and improve them under conditions similar to those of the
national homestead and preemption laws.

RECOMMENDATION AS TO SWAMP LANDS.

And so believing, we recommend that even now, notwithstanding the
bulk of the swamp and overflowed lands in the State are already dis-
posed of, the remainder, whether the quantity be large or small, shall
be reserved hereafter for sale in small tracts to actual settlers only, and
that the law for their management and sale be amended accordingly.

If this is done, as owing to the droughts of the past two 3'ears a great
demand exists for this class of lands, and their real value is properly
appreciated, we believe no ditficulty would arise in disposing of all the
State may have remaining upon the terms suggested, and thus at least
any further monopoly in this direction, through the inducements held
out by State laws, would be prevented in the future.

IMPORTANCE OF PROPER LAND LAWS.

Ex-Governor Haight, in his message to the present Legislature, also
said: " Our State laws on this subject deserve a harsher criticism, if
possible, than that made two years ago," and the facts concerning their
operation as ascertained by such examination as your committee has
been aide to give the subject abundantly justity his remark.

In this connection we would call attention to the fact that the reports
of the State Surveyor General and State Land Eegister utterl}* fail to
afford to the Legislature the information necessary to convey a clear
idea of the actual operation either of the office itself or of the laws
there administered. Xor do they comply in this respect with the plain
requirements of the law. The impression prevails that far more evil
than good results from the operation of the existing land sj'stem, and
the few and disconnected facts that occasionally become public, not-
withstanding the remarkable and improper reticence of this depart-
ment of the State Governuieut, abundantly confirm this impression and
lead us to believe it well founded. No more important office exists, and
the operations of no other department of the Government so deeply and
permanently affect the wtlfare of the State as that of the Land Office.
Taxation may be fixed too high and extravagant expenditures be made
by one Legislature, but the next may change this and adopt an econom-
ical policy for the future. But when a land monopoly is jiermitted and

encouraged to grow. up, and title actually passes from the State to private
parties, the beneficial control of the State over so much of its original
resources is to a great extent forever gone; for actual titles and vested
rights cannot be recalled or disturbed, and thenceforth the adoption of a
broad and wise policy for the disposition of what was once the property
of the State is out of the question, and remedial legislation, to cure as
far as may be existing evils which are not unavoidable, and prevention
of an extension of the same or similar evils for the future, are all that
remain within the power of the Legislature.

REPORT OF SURVEYOR GENERAL.

The omissions in the report of the State Surveyor General are far
more noticeable than the scanty information it contains. The facts
which might clearly exhibit the actual workings and evils resulting
from the present system of regulations for the management and sale of
lands belonging to the State, and jjerhaps suggest or i^oint out such
remedial amendments as are required, are carefully withheld. The
number of applications made for each of the different classes of
State lands, and the quantity applied for, are not stated. The actual
number of persons who made such applications and the number of acres
each obtained, or the far smaller number of persons whom these appli-
cants actually re])resented, are not given. The amounts of money
actually paid on account of these applications for land, or on account of
the purchase price thereof, or for interest, are not given. Neither are
the results stated of the system of collections from delinquents by
District Attornej^s of the various counties in the State for which the law
provides. JSTo means are afforded for ascertaining whether this sj^stem
has resulted in a prompt collection of the money due to the State, or a
mere license to local officers to extort exorbitant costs and fees from
poor settlers, and a freezing-out operation which has deprived the latter
of their homes and improvements, and thrown their lands into the hands
of the larger speculators who were engaged in concentrating them in
large tracts held in few hands, to control the plans ofj"eclamatiou, where
these lands were swamp, to their own advantage with utter disregard of
the rights of the poorer minority owners, many of whose lands needed
no reclamation or were already sufficiently protected. The amount of
land that has been forfeited to the State under this system, and what
subsequent disposition has been made of it, is not stated; neither is the
cost to the State and the defendants in this litigation given. In what
counties lands of either class have been -disposed of, and in what quanti-
ties, are not stated. Where the lands are that are not j'et disposed of,
and that are therefore open to those who might desire to purchase
and occupy them, is not stated. The receipts of the office, which it Avould
appear from the law must be various and large, are not stated; nor is
there any information as to its expenditures. "There is no statement of
the number of actual settlers dispossessed or compelled to buy their
homes again from interlopers under the operation of the law regulating
the disposal of the school lands, which worked an actual forfeiture of
the rights of the occupant if he failed or neglected to apply for title on
or before a day certain, and gave his land to any one who by mousing
over the records discovered his situation, and without notice to him filed
an " application " for his homestead. This he did on the theory that the
occupant evidently did not want it because he had failed to apply for

title np to the instant the la'w of forfeiture went into effect. (Sections
fiftj'-two and titty-three.)

Yet all of these are matters which might well have been fully stated
in the report from this office, that the Legislature being thus fully
advised of the actual workings of the law, might judge what amend-
ments are required to secure the real interests of the State, discourage
mere unproductive speculation, encourage the actual settlement and
improvement of land, and protect the occupation of the many small
owners against rather than facilitate the concentrating operations of
the few,

RECOMMENDATION AS TO FUTURE REPORTS.

"We therefore recommend such an amendment to the law regulating
the office of the Land Eegister and Surveyor General as will compel the
publication of a full statement of its operations immediately upon the
opening of each session of the Legislature, and obviate the necessity
for investigating committees at every session to obtain with great labor
and expense the information necessary for the purposes of intelligent
legislation.

This report states that "the land laws are not as perfect as they might
be, biit with a few slight alterations they can be made to work well."
If the amendments required are so few and simple, it would perhaps
have been as well for the officer who had four years experience in their
operation, and a liberal salary meanwhile from the State Treasury, to
have pointed out precisely what and where such amendments were
required, and the reasons for them, and the benefits they would create.
But there is no hint on the subject, and the Legislature is left to dis-
cover what is required as best it may without light or assistance, or by
means of investigating committees.

THREATENED MONOPOLY OF MINERAL SCHOOL LANDS.

There are, however, two important hints in the report which require
the immediate attention of the Legislature. The first is that a monopoly
similar to that already existing in the swamp and overflowed and dry
lands of the valleys is now rapidly growing up upon the mineral lands
of the mountains and foothills that are covered by the sixteenth and
thirty-sixth sections in each surveyed township, and that the rights of
owners of mining claims within these sections are now, in many cases,
liable to be destroyed and taken from them as were those of actual set-
tlers upon other school sections of valley townships. The recommenda-
tion is made " that occupants should have preference, and that purchasers
should be limited to smaller quantities than three hundred and twenty
acres, where rich placer mines and quartz leads are found." A careful
examination of these two short sentences will show any miner who
happens to have a claim that i^ossibl}- maj- be upon a school section the
danger to which he is exposed, and the Legislature the importance of
immediate action to prevent a monopoly of such mining lands as the
State may already own or hereafter become entitled to.

RECOMMENDATION AS TO STATE MINERAL LANDS.

We accordingly recommend ihe immediate passage of an Act with-
drawing all sixteenth and thirty-sixth sections which are mineral in
their character from sale, until suitable legislation can be had to protect

the rights of owners and occupants of mining claims, provide for a segre-
gation of the portions that arc not mineral from those that are, and
the adoption of regulations for the disposal of mineral lands, in claims
of proper size, in accordance with the existing mining laws of the dis-
tricts, or such general laws as the Legislature may adopt hereafter, and
on a plan the general principles of which shall accord with those of the
United States applying to similar cases; also, that at the time of pur-
chase such regulations shall call for such a payment on account as shall
afford some security against waste and an abandonment of the land to
the State when its wealth is exhausted and its value destroyed.

DESTRUCTION OF TIMBER ON STATE LANDS.

Another suggestion of this report requiring the immediate attention
of the Legislature is the necessity for the enactment of " a law ^jrcvent-
ing the destruction of timber upon land belonging to the State, and
making it the duty of the officers in the different counties to protect the
interests of the State."

In other States, in order to increase the revenue accruing to the
School Fund, the school lands belonging to the State are selected and
located by Commissioners or some State officer, taken possession of by
the State, and withheld from sale until actually required by population
already there for cultivation. They are then valued at a sum not less
than five dollars per acre, and when disposed of are sold in limited
quantities for as much above the assessed price as they will bring.
AVhen such lands are timbered, as a security against waste and subse-
quent abandonment, a large percentage of the price at which they are
jjurchascd is exacted, and only a small percentage allowed to remain on
credit. The report of sales made by the Regents of the State Univer-
sity shows that five dollars per acre is readily obtained for timber lands
in this State, and that there is no reason for disposing of the timbered
school lands at a lower figure in advance of the population to occupy
and use them. We believe the same is the case as to nearly all other
school lands yet belonging to the State, and that if the price was thus
increased the School Fund of the State might be greatty augmented by
this means. If any of these lands failed to find purchasers for a few
years, no harm would result to the State by the delay in disposing of
them, and if actual settlers presented themselves who were unable to
pay the increased rates, a reduction in their favor could be made at any
time. The delay in their sale would result in greater benefit than any
that can flow from forcing these lands off into the hands of non-resident
speculators in advance of the requirements of our present population,
merely to enable them to extort an unearned profit from the actual
settlers when they do come here in search of lands to occupy and
cultivate.

SUGGESTION AS TO SCHOOL LANDS.

Accordingly we commend to the Committees on Education and Public
Lands the question whether it is not desirable, to prevent further
monopoly and for the purpose of increasing the School Fund, to increase
the price at Avhich the remaining school lands of the State shall be sold
to something like their actual value; and we advise such an amendment
to the present law as shall compel the payment of the whole or a suffi-
cient portion of the purchase money in advance upon all timbered school

lands or lieu lands to secure the State against a destruction and removal
of the timber growing upon it and a subsequent abandonment when its
vahio is destroyed.

MONOPOLY OF SWAMP LANDS.

From information obtained from the office of the Surveyor General
we learn tliat under the operation of the law for the sale of the swamp
and overtiowed lands, single individuals have jiurchased eighty-one
thoustmd six hundred and eighty-one acres, forty-one thousand five" hun-
dred and seventy-eight acres, thirt3'-fivc thousand seven hundred and
twenty acres; several upwards of thirty-two thousand acres, and quite a
large number of areas ranging from two thousand to seventeen thousand
acres of these lauds. ^Ye are also informed that many of these pur-
chasers actualh' obtained much larger quantities of land than that which
ai:)pears opposite their names, as many of the other operators were
simply their agents or employes making locations and applications for
the benefit of their princij)als, whose names often do not appear upon
the lists on the books of that oflice. As above stated, we believe that
any such aggregation of land in large quantities in the hands of a 'few
holders is contrary to all sound jiolicy, no matter how specious the plea
of its necessity for the purpose of extended and expensive operations
for reclamation. The true policy was for the State to have the land sur-
veyed by competent engineers, to adopt a proper and comprehensive plan
for their reclamation, which would prevent injury without compensation
to one for the purj)ose of benefiting another, and in accordance with
which — or at least so as not to interfere with its final completeness — all
subsequent operations, either on a large or a small scale, should be com-
pelled to conform, whether performed at once or in future years when
the density of our population rendered the occupation of these lands
a necessity. If such a plan was once adoj^ted every owner of such lands
would know and every purchaser rxiight buy knowing very nearly what
the cost of reclamation to which he would be subjected would ultimately
be, the work he would be required to perform, and would be able to
make his calculations and improvements conform to it. We believe the
State shoutd yet provide for the adojition of some such general plan of
reclamation Avhich shall include the two main valleys of the State, and
in conformity to which all local reclamation operations shall be carried
out, for there are other interests involved than those of the present own-
ers of such lands alone.

RECOMMEXDATIOX AS TO SWAMP LANDS.

We also recommend that the land law be so amended as to prevent
the future sale of the swamp and overflowed lands to any but actual
settlers, or those who in good faith desire and intend to become such,
and limiting sales to quantities not exceeding one hundred and sixty
acres, and forbidding sales to any person who is already the owner of
land in this State which, together with such purchase, would amount to
more than three hundred and twenty acres. It is not for the interest of
the State to encourage or facilitate by the mode adopted for selling its
own lands, the holding of land by single individuals in tracts of more
than this quantity under any circumstances, and since we cannot remedy
what has heretofore occurred under the present law, let us do this which

lies in our power to prevent the further growth of land monopoly in
the future.

CONTESTED APPLICATIONS FOR STATE LANDS.

"We are informed by those having better facilities for knowing the
actual operation of the present State land laws than your committee
can claim to possess, that one of its most serious defects is the imperfect
character of its provisions for the immediate settlement of contests be-
tween disputed and conflicting applications for State lands. "VVe are
informed that large amounts of State lands were and are withdrawn
from sale to those who might desire to purchase and actually occupy
and improve them, because two or more persons have filed applications
for the same land, and hence an unsettled contest existed or exists con-
cerning them as to which of the applicants is really entitled to become
the purchaser. We are also informed that many of those contests are
in fact collusive and fraudulent, and arranged by concert between the
two or more apparently opposing applicants,' in order that thus, upon
the mere payment of the application toe of five dollars, the title might
remain in abeyance, but in fact controlled by them, until some person
appeared Avho really desired to purchase the land and would pay one or
other of the rival applicants a satisfactory profit to induce him to with-
draw^ his application or otherwise end the contest, and thus permit the
taking of the next step in the proceeding to obtain title from the State,
when an actual payment on account of the purchase price, the first real
investment of capital, becomes necessary. Thus the low price and easy
terms upon which these lands were offered by the State, because of the
absence of a limitation of the quantities in which they might be pur-
chased, seldom operated to benefit the small purchaser, since they were
monopolized by sharp operators, for whom the law provided the means
of extorting a profit without consideration from the other class. It will
be seen that as long as the payment for the land is delaj'ed by a so-called
contest the title to the land is controlled by these mere applicants, with-
out payment or any appreciable investment of capital, and the induce-
ment held out by the law to this style of " speculation^' in land, in which
little or nothing is risked, while the chances of a handsome profit in any
growing State are very certain, are far greater than is consistent with
the interests of the State.

Under the law, a fee of five dollars is payable for each application
made for State land. The mere filing of the application creates a cloud
upon the title and an imjiediment in the way of any subsequent applicant
who really desires to purchase. From the date of the filing of the
application, the State is directly interested in having it disposed of in
one way or another — that the applicant shall either prosecute his appli-
cation and purchase, or withdraw and make way for some bona fide
purchaser. But the law is defective in that it does not make sufiicient
provision for enabling and directing the State officer to compel the
immediate prosecution of the application, or of the contest at all of its
stages, so that it shall be determined and put on record whether the
land is actually sold, and if so, to wdiom, or still the property of the
State and open to any one who may really desire to purchase and pay
for it in good faith. It is easy to see that where such applications are
numerous and the amount of business in the office large, aijplications
and contests that are not pressed might remain undetermined for long
periods, or convenient delays be created hy the parties at every stage
until the opportunity offered to dispose of one or both of the applica-

tions to a third party, or until it suited the convenience of the real appli-
cant to pay for the land, when the fees necessary to move the case and
bring the contest to a conclusion would be promptly forthcoming, and
the contest and the cloud upon the title vanish as readily as they were
created.

As the State is the party most interested, being the owner of the land
applied for, the State through the officer who represents her should con-
trol the course of the controversy throughout, and not let the titles to
its lands be clouded and involved in doubt at the mere motion and during
the will of individuals, rival or confederate land "operators." There
are now unnecessary opportunities for delay at every stage of the pro-
ceedings, all of which may be availed of to keep the title in abeyance
and under control without payment of money. Such applications and
contests should be very summarily disposed of when not accompanied
by actual settlement or a reasonable paj-ment on account of the land, or
of the lawful and necessary fees, and pressed in good faith at every
stage.

SETTLERS SHOULD HAVE PREFERENCE.

Where the apjilicant is an actual settler upon the land and desires to
remain such, his interest and possession should be preferred and pro-
tected in preference to any other. Where any settler is in occupation
of State land, and another applies to jiurchase it, the settler should have
actual and not merely constructive notice of such application and a
priority of right to purchase on the most favorable terms if he desires
to do so, and he should be heard before any other disposition of his laud
is made.

In order to give greater notice and p'ublicit}^ to the operations of this
office, which in all cases is the greatest security against fraud or cor-
ruption, provision should be made for promptly placing on record in the
different counties lists of all applications for certificates of purchase and
sales by the State of lands within their limits, and patents ordered and
issued therefor, so that the interests acquired in such lands may be
immediately taxable at their real and proper value, which often many
times exceeds the price at which the lands are sold by the State.

AVOIDANCE 'OF TAXATION.

In order to escape taxation purchasers of such lands frequently omit
to record their evidence of title, and consequently the Assessors, suj)-
posing such lands still to belong to the State, omit to enter them upon
the assessment roll, while those who record their deeds are promptly
assessed and have to pay the taxes which their shrewder (shall we say
dishonest?) neighbors through knowledge of this defect in the law are
ablt. to escape.

MAPS OF SURVEYS REQUIRED.

And in this connection we would also remark that j)rovision should
alsa be made by the State for obtaining and promptly furnishing to the
county officers, or for the county officers to obtain for themselves, maps
of the Government surveys, and lists of all sales of lands within their
limits by the United States Government, whether patents therefor are
actually issued or not. Patents actually issued to purchasers are often
withheld from record, so that such lands being supposed yet to be the
property of the Government may escaj^e assessment and taxation; and

in this way such private property often has escapee! taxation for years,
while every actual settler is taxed and has his burdens increased unjustly
in proportion. Upon this point we call the attention of the Assembly
to the report of the late State Board of Equalization, at page eight, m
which they say:

"NECESSITY OF MAPS.

"Few of the counties have maps that are of any service in assessing,
and Supervisors were strongly urged to obtain from the State and United
States Land Offices, township maps of such portions of the county as had
been surveyed and sectionized. The necessity of these maps is apparent.
Many thousands of acres of land subject to entry under the laws of the
United States, and swamp and overflowed lands, have been entered and
are owned and claimed, but not having been reduced to actual possession,
lie idle and waste without any apparent owner. The Assessor not hav-
ing any facility for ascertaining the true ownership, and supposing them
to be unclaimed or unowned, fails to assess them, and thus a large amount
of revenue is lost to the State and county.

" The evil can readil}^ be remedied, and it is suggested that the Legis-
lature provide that Boards of Supervisors shall obtain township maps
from the several Land Offices of the lauds now and hereafter to be sur-
veyed upon which should be designated the name of the owner or
claimant of such legal subdivision.

" These maps would not only enable the Assessor to assess every por-
tion of the territory owned or claimed, but would be a source of infor-
mation to those seeking homes upon the public lands, hasten their occu-
pancy, and be a means of adding to the public wealth, and lessening the
cost of discovering vacant lands which now practically prevents their
settlement. In support of the economy of the expenditure for these
maps, it may be stated that one county having expended six hundred
dollars for such maps received in one jeav more than that sum in taxes
from land thereby first discovered to be owned and which had thereto-
fore escaped assessment. The same is true except as to the amount paid
of several other counties."

The remarks which follow concerning the assessment of possessory
titles are also worthy of careful attention.

OUR LAND LAAVS SHOULD BE REMODELED.

As 3"0ur committee does not contain within it the legal talent and
thorough and practical acquaintance with the land law and the various
other statutes which are more or less affected by or hinge upon it, and
as we do not believe that " a few simple amendments would make it
work smoothly," as the interest and true policy of the State requires,
we have not ventured to draft the various amendments that have been
mentioned above, or others that have suggested themselves. The whole
policy of the existing State land laws is wrong. They should be
~' examined by a competent committee, and remodeled so as to opei^ate
always in favor of the actual settler, instead of the mere operator who
sijcculates without cajntal, or the monopolist who is willing to buy and
I^ay in full if he can purchase a principality for a nominal price. The
operations of the first class simply retard and discourage settlement by
levying black mail upon actual settlers or those who desire to become

sncli, and increasing Avitliout a corresponding henefit the pi'ice of land
to men ^vho wish to purchase, occupy, and improve. Tlie ojDcrations of
the second chiss, it is feared bj' many, may hiy the foundation for a
sj-stem of poor tenantrj-, which shouhl be discouraged, rather than
small, independent ownerships by numerous occupants, Avhieh it is the
true policy of the State to encourage. Both greatlj'^ destroy the induce-
ments to immigration, which it is the true policy of the State to foster
and develop by every legitimate means in its power. As a Joint Com-
mittee of the two Houses has been appointed with full power to investi-
gate the actual condition of the State lands and report a recommenda-
tion, we commend the suggestions above made to their careful con-
sideration.

ACTUAL SETTLERS ONLY SHOULD HAVE CREDIT.

Your committee believe that the credit allowed by the State in all
cases upon the lands it sells is one of the main inducements to an
unhealthy and injurious speculation in these lands, by reason of the
facilit}- it otters to men with a very small investment of capital to con-
trol and exclude others from large bodies of choice lands without pay-
ing for them. We submit that operators of that character are entitled
to little consideration at the hands of any Legislature, and that their
operations should be discouraged and prevented as far as is i^ossible,
rather than encouraged and facilitated as they are by existing laws.

RECOMMENDATION AS TO CREDIT SALES.

Accordingly we recommend that a new system in this respect be
adopted for the future; that all further credit upon State lands be
refused, and the interest, purchase money, and taxes now due upon
lands heretofore sold on a credit be called in and made due and pay-
al)le in sixty days in every case except where the quantity applied for,
held, or owned by any one person does not in all exceed three hundred
and twenty acres, and where the purchaser is an actual resident upon
such land, occupjang, cultivating, or using the same. If some such non-
resident, applicants, or holders of certificates of purchase as locators, or
by assignment, were thus obliged either to sell or abandon the lands
they have applied for to others who wished to occupy' and use them, no
harm would result to the State, but a great good be eifected. A portion
of this land monopoly without an}^ real ownershij) would thus be broken
up, and all such lands thus recovered by the State being jireviously
reserved in the future for actual settlers, the inducements to settlement
by our own citizens who have no lands, and to a desirable immigration
from abroad, would be greatly increased.

MONOPOLY OF UNSURVEYED LANDS.

Another style of land monopoly without actual title to the land which
within the past few years has assumed great proportions and is working
a serious injury to the State, is that existing under the possessory and
other Acts of this State. As the laws stand our Courts will protect the
possessions of single individuals who inclose or hold without substantial
inclosures immense tracts — often thousands of acres in extent — of the
unsurveyed Government lands. Upon these lands, or their claims thereto,
these x^ersons usually pay no taxes, their improvements only (often of

little or merely nominal value) being all that are assessed. Yet for all
beneficial purposes for the time being--oftcn for many years— they are
to all intents as much the owners as though they held the title. Mean-
while they occupy thousands of acres with little or no cultivation, and
exclude all others who would be glad to take up and occupy with their
families and cultivate each a quarter section of such land, and to the
use of which they are as much entitled as the actual oecupaui.

RECOMMENDATION AS TO UNSL'RVEYED LANDS.

We therefore recommend that the Courts be forbidden to protect
any such possession of unsurveyed Government lands to an extent
exceeding one hundred and sixty acres, upon which the orignal settler
resides, so that the surplus lands beyond this quantity may be open to
any others who may choose to occupy and improve them until the
United States surveys are made, and the claims and possession of each
properly defined. With such an amendment to our laws in operation
an immense body of desirable unsurveyed laud would at once be thrown
open to persons of small means desiring to find homes for themselves
and families. Under the provisions of the Act of Congress allowing
settlers to have surveys made on depositing the cost of such survey of
their township), a very rapid, satisfactorj", and peaceful settlement of all
conflicting claims would ensue, the Government surveys be greatly
extended in the portions of the State not yet surveyed, which are
adapted to agricultural and other profitable business, and a great breadth
of land would at once become taxable and productive of revenue to the
State.

RESERVATION OF PUBLIC LANDS FOR ACTUAL SETTLERS.

We also recommend the adoption of a memorial to Congress asking
the reservation of all public lands in the State of California not yet dis
posed of for actual settlers under the homestead and preemption laws,
and for increased appropriations for the more rapid extension of the
Government surveys over the portions of the State not yet surveyed.

If such application is granted, the inducements to ii:^migration to this
State will be greatly enhanced, and the facilities enjoyed by persons
desiring to become actual settlers increased.

INFORMATION CONCERNING PUBLIC LANDS NEEDED.

Another evil indicated in the preamble and resolution under which
your committee was appointed is the difficulty encountered by stran-
gers who come to this State, and by those of our own citizens of limited
means who wish to leave the cities and settle on the Government lands,
in. obtaining information as to what lands are yet the property of the
Government or of this State and open to them under the homestead or
preemption or State laws. Both the United States and the State of Cali-
fornia have their Land Offices, which are nominall}- open to the public
that information concerning the public lands may there be gratuitously
obtained. But in fact such information in either of these offices is very
hard to obtain, and has usually to be paid for to persons who make a
business of obtaining it for their own advantage. They thus enjoy spe-
cial facilities which are beyond the reach of men not trained to such
investigations. Neither the United States nor the State of California
make any publication of the information their Land Offices contain that

might be of service to persons wishing to take up farms on the public
domain, and to proceed without unnecessarj' expense and dehny to the
points where such hinds are available. In other States provision is
made for obtaining this information and placing it within the reach of
ever}- person who desires it. We have been shown a pampldet pub-
lished by the State of AVisconsin, in which every acre of school lands
owned by the State and open to be purchased under its laws was speci-
fied and listed by township, range, section, and subdivision. In this
State some provision should be made not only for obtaining and pub-
lishing such information as to the remaining State lands, but also as to
all surveyed lands yet belonging to the United States, and a general
reference also to the unsurveyed lands, their character and location. _
We believe the State Survej'or General to be the proper officer to obtain
and furnish this information in official form, and to distribute copies of
the maps exhibiting the Government and State lands yet undisposed of
to the different counties in which such lands are situated, and that such
information should be preserved, like other records, in the County Eecord-
er's office, where all who wish may see, examine, and copy it without
charge. At least quarterly lists of subsequent sales and disposals of
lands should also be obtained and forwarded to the counties where such
lands lie, in order to keep the information always complete and reliable.
Accordingly, herewith we report a bill with that object, and recom-
mend its passage. And as suggesting further legislation to provide
information as to the lands already disposed of, for the purpose of a
more just and comf)lete assessment of property, we again refer to the
foregoing extract from the report of the late State Board of Equaliza-
tion, at page eight.

INTERESTED DEPRECIATION OF OUR RESOURCES.

Because of the difficulty in obtaining this information concerning the
lands which are actually open to settlers in this State, the speculators
and mere oj^erators in the lands already monopolized have sedulously
circulated the report both in and out of California that " all the best
lands are monopolized, and none yet remain open to settlers that are
worth having." This is equivalent to the very common advertisement
of small traders: "If you want good goods you must trade in my shop,
as they cannot be obtained elsewhere." It has little more foundation
in fact in one case than in the other. Certain newspapers pretending to
be the enemies of land monopolists have nevertheless kindlj" taken up
this their advertisement and almost daily given it a gratuitous insertion
in their editorial columns, until it has come to be accepted as a fact by
very many persons who might if they would know better and be able
to make a far more advantageous showing for our State. The truth is
that these monopolizing operations have hardly extended outside of the
main valleys of the State, while the entire foothill and mountain regions,
the healthiest and pleasantest section for residence in the State, the
best watered and timbered, the best adapted to fruit raising, vine grow-
ing, wine making, silk culture, stock raising, and lumbering, as well as
rich in vast undeveloped mineral resources, have never been monopo-
lized because fortunately never exposed to such operations; and even
in the larger vallej'S a close examination would disclose large quantities
of land still in fact open to settlers (though covered up or hidden by
various devices that only experts and laud operators know how to
resort to), which are well worthy of taking up and settling upon, and

•will be very valuable and productive as soon as suitable facilities for
irrigation are provided, whether by artesian wells or the great system
of irrigation ditches, the construction of Avhieh is already undertaken.
At all events, the publication of the naked facts, bad as they are, would
be far better ibr the State than this constant senseless reiteration of the
false and foolish assertion that all the lands in the State worth having
are already the property of private owners and held at rates beyond
the reach of ordinary settlers. What such editors know about fanning
lands and their value and the public lands of this State has evidently
been obtained at second hand from the land speculators whose lands they
thus constantly be putf, ratlicr than from any actual examination of the
records of the Land Offices. When the official report of the Land
Department at Washington for eighteen hundred and sevent}' declares
that there were one year ago over one hundred million acres of Govern-
ment lands in this State liable to disposal, it is not a complete demoJistra-
tion that none of these are worth having to ask " where the good lands
are?" When those who would become settlers desire to know this, it
is the duty of the State to inform them; and whether the vacant lands
in the State are poor or rich, it is the interest of the State to have them
occupied and made productive by whatever use they are adapted to.
Certain it is that our poorest lands would neither be unoccupied nor
allowed to remain without an owner if situated in the same latitude in
Europe or any of the Eastern States. Nor is there any reason why
they should remain so here for any length of time if the proper means
were taken to attract a population that would gladly own and occupy
them and make them taxable and productive, if their advantages and
the terms upon which they maj' be had were brought to their attention.

GOVERNMENT LANDS NOT OUR ONLY ATTRACTION.

Another false idea on which this constant and injurious depreciation
of the attractions of California is based, is the supposition that "Govern-
ment lands at Government prices are the only legitimate inducement
that can be offered to immigrants wishing to engage in agi'iculture."
Our valley lands, as well as our best improved farrrfs, at the prices at
which they can be obtained near navigation, railroads, towns, markets,
schools, and churches, with a California climate, are a far stronger
inducement to the most desirable class of immigration that can be
attracted than any wild lands far from markets and railroads and the
blessings and conveniences of civilization, that are suited only for the
occupation of people accustomed to and delighting in what men brought
up in older settled States consider the roughness, hardships, and priva-
tions of the life of a pioneer.

THE ENCOURAGEMENT OF IMMIGRATION.

To provide the sort of information required by those who come here
desiring to occupy and cultivate our vacant lands, as well as to attract
such to the State as rapidly as possible, is a duty of the State recognized
as such and performed more or less carefully in nearly all the States in
the northern portion of the Mississippi Valley. As a result of this work
and a wide publication of the attractions these States have to offer to
immigrants in the shape of cheap and desirable lands, whether owned
by the State, the General Government, railroad companies, or private
individuals, these States are filling up rapidly with population, wealth,

and taxable propert}-, and lar outstriiipinj? us in the acquisition an<l
development of every element of material prosperity. To say that the
performance of this work may safely be left to private enterprise, or
should be done bj' the speculators and owners of large quantities of
vacant lands which they wish to sell, and the State do nothing, is simpl}-
an absurdity — the evidence of an. alarming lack of public spirit, and failure
to perceive what the interest of the State and the interior counties
requires. The same argument might be made concerning the provision
for the education of our children. It might be said that private enter-
prise and the desire to make money by teaching would provide for that.
But on this point public opinion is wide awake and too far advanced to
listen to such arguments, and we devote whatever public money is neces-
sary for that purpose without hesitation. The other j^olicj' of doing
nothing concerning the attraction of additional jjopulation to fill up our
vacant lands and cultivate them, to develoi) our commerce and manufac-
tures, has been tried long enough, and we see the result. Private enter-
prise does very little and accomplishes little; it is too slow and inade-
quate to meet the requirements of the case.

PUBLICATION OF STATISTICS.

"We recommend therefore that provision be made bj^this Legislature
for the collection and publication of reliable and useful information con-
cerning the lands, soil, climate, and productions of this State, and the
attractions it offers to immigrants, and of a character calculated to
facilitate their settlement after their arrival, and for the circulation of
this information abroad in every country from which we may hope to
draw desirable additions to our j)opulation.

UNRELIABLE STATISTICS.

In this connection we would call attention to the fiict that the statis-
tical returns of the agricultural productions of the dift'erent counties,
compiled from the reports of the Assessors and published iu the reports
of the State Surveyor General are stated to be often mere unreliable
estimates or pure guesswork b}' the county officers, and not the statistics
which they j^urport to be. The Assessors in many cases neglect the duty
altogether, and do not regard the obligation to prepare such reports as of
sufficient consequence to induce them to bestow upon what thej^ consider
unpaid Avork the care and attention necessary to secure reasonable
accuracy. There is no necessary connection between the offices of the
County Assessors and that of the Surveyor General, or the compilation
of these statistics and his other duties as a survej^or. There is, how-
ever, a constant connection between the duties of the County Assessor
and those of the State Board of Ecpialization, the latter being obliged
to constantly watch, examine, and supervise the work of the former.

RECOMMENDATION CONCERNING STATISTICS.

Therefore we recommend that the law as to the compilation, collection,
and publication of such statistics of the counties be changed so as to
devolve what are now the duties of the Surveyor General in this respect
upon the State Board of Equalization, who might without additional

compensation be made ex officio State Commissioners of Statistics, with
power to insure the collection and publication of this and a variety of
other information of a useful character, such as is collected and reported
by similar Boards and officers in other States. We believe that in this
way statistics of a much more reliable and valuable character could be
secured without any additional expense to the State. The Surveyor
General being thus relieved of a portion of the labor not properly pertain-
ing to his regular duties, we might hope for fuller reports concerning
the land business of the State. If the above proposed change should
render it necessary, the clerk allowed the Surveyor General to compile
these statistics might be transferred to the office of the State Commis-
sioners of Statistics and State Board of Equalization to perform the same
duties there, and as the State lands are so nearly disposed of, perhaps
his services in the Land Office will not in any event be longer required.

TO HAVE PROSPERITY REQUIRES POPULATION.

We believe that the main element of wealth in any new State is popu-
lation. The lack of it is the cause of the poverty of our mining coun-
ties that were prosperous as long as populous. The burdens of debt and
taxation now prevailing in these counties would be diminished and
lightened to alkif there was an increase of population and taxable prop-
erty to share them. This proposition is self evident, since the popula-
tion of the entire State is not sufficient, even if equally distributed —
Avhich it is not — to give these and other unprosperous counties the num-
ber of people they require for the development of their resources and to
insure greater prosperity. The additions they need can only be secured
by seeking them abroad in other States and countries where population
is denser, and where many always stand ready to avail themselves of
any opening presented for the exercise of their industry and enterprise
for which no field exists at home. It is not necessary that every citizen
shall grow rich suddenly or be extremely successful to insure a high
degree of prosperity in a community. There are millions of men of the
same race as ourselves in other and older States and countries who would
gladly own, occupy, mine, and cultivate our mountain lauds that are
open to them under Government and State laws, if aware of what Cali-
fornians affect to despise and regard as not worth taking uj). The frugal
Germans, Swiss, and Italians, who understand the culture of the vine,
the mulberry, and the fruits that our mountains produce in such great
perfection, the nurture of the silk worm, the reeling, spinning, and manu-
facture of silk, and the making of raisins and wine, would not be deterred
from coming by the statement that " the vine and mulberry take several
years to mature before they become jiroductive," if at the same time
assured that they could indeed become the owners of the soil in which to
plant th^m in a climate where success in the culture is an assured fact.
The neglected but well watered and timbered portions of our mountains
would afford happy homes for thousands of industrious \Yelchmen,
Swedes, and Norwegians, if only we would invite them here and facili-
tate and encourage their settlement. There is no reason why, if a proper
effort and appropriation was made by this State for the j^urpose, in the
same manner as is done by other States in want of population, the coun-
ties now least prosperous should not, in five years, be among those most
densely populated, most highlj^ improved, and most prosperous in the
State, and their present embarrassments a thing of the past.

CAPITAL l-'Oll THE INTERIOR.

Any poUo}' which fills up the agricultural and mining counties with
l^opuhition, which is permanent and productive in its character, Avill at
the same time enrich the State, encourage and hasten the construction
of railroads and other improved means of transportation, and by increas-
ing their traffic render possible material reductions in the rates now
charged for freights and fares. Manufactures can then be inaugurated,
and carried on with a profit. The productions of the soil and the mine
will then acquire their true value, and find a ready market, and yield a
return commensurate with the toil they cost. There will then be
opened up and created a thousand opportunities for the secure invest-
ment of capital owned in such localities, as well as that from abroad.
Whpn banks of savings and banks of industr}^, such as were provided
for by a statute passed at the last session of the Legislature (see
Statutes of 1869-70, page 523), are created in every county, town, or
considerable village, where the savings of the workingmen of the dis-
trict are collected and managed so as best to promote their own interests,
and create additional employment for men of their own class, and a
secure, intelligent, and careful local management is thus provided, the
plethora of capital in the metropolis, which now idly accumulates, and
for want of legitimate enqsloyment must needs be used in unhealthj-
stock excitements and real estate sjieculations in unimproved and unpro-
ductive lands, would then flow to the interior, and seek to share in the
profitable investments the use of even a limited local capital had dis-
covered and developed. The men willing to be borrowers would meet
the men anxious to be lenders on more equal terms, and the existing
usurious rates of interest would be materially reduced. When the
j^resent number of landowners, producers, taxpayers, and consumers,
as well as the amount of taxable property, in the interior and mountain
counties is increased in proportion to their area and the value and extent
of their undeveloped resources — a result which can only be secured by
attracting thither additional population from abroad — the capital which
is accumulated there will no longer need to seek the metropolis for a
secure and profitable nvcstment. Not only will it find safe and jirofitable
employment at home in the mountains and agricultural valleys, but other
capital will be attracted thither to compete with it for the profit it
secures.
/ And thus alone, no matter what our currency may be, can this State
ever hope to have a cheaper monetary sj^stem than that now prevailing.
Our present rate of progression towards such a condition of aftairs is
very slow, and the delay is disheartening and discouraging to those who
have hoped most and striven hardest to advance the interests of the
State. It is for us to say whether we shall be content to go on at the
present slow and unsatisfactory rate, or do something to hasten the better
times for which we hope.

SENATE BILL NUMBER ONE HUNDRED AND SEVENTY-FIVE.

We believe that the means provided in Senate Bill Number One Hun-
dred and Seventy-five, " An Act to promote and encourage immigration
to the State of California," which embodies the exijerience and best
methods evolved from the investigations of the same and similar ques-
tions in other States, as contained in their legislation, to be the only ones

jit all likely to secure such results, and that it is the only proposition
looking- towards their accomplishment yet offered to the present Legis-
lature.

Concerning the defects in and the corrupt administration of the laws
in relation to the assessment of property, your Committee respectfully
refer to the report of the late State Board of Equalization, in which the
subject is fully treated. They are pleased to be able to say they believe
the bill already reported to this House by the Committee on Ways and
Means embodies the results of the best ability and experience available
for the purpose of remedying as far as possible the evils in said report
disclosed.

RESOLUTION AND BILLS REPORTED.

In conclusion your Committee also desire, as authorized by the reso-
lution under which they were appointed, to introduce and recommend
the passage and adoption of the concurrent resolution and bills here-
with reported, to wit:

First — Assembly Concurrent Resolution asking Congress to reserve
public land in California for actual settlers only under the homestead
and preemption laws, and for a more rapid extension of the surveys of
public lands in this State.

Second — An Act reserving all lands within this State belonging to the
State of California for sale to actual settlers onl}^

Third — An Act calling in the deferred payments and moneys due
upon lands heretofore applied for or purchased from the State of Cali-
fornia on credit.

Fourth — 'An Act to fticilitate the settlement of vacant lands in the
State of California.

And pray to be discharged from the further consideration of the
subject matter of the resolution under which they were ai^poiiited.

S. BAEKER, Chairman.

KEPuKT UF THE JuIXT liiM3IITTEE

OP THB

SEXATE AXD ASSEMBLY

IXDIAX WAR IXDEBTEDXESS,

T. A. SPRINGER STATE PRINTER.

HEPOIIT.

Sacramento, February 2l3t, 1872.
^Ir. President:

The Committee on Claims of both Houses, to whom was referred the
matter of the Indian War Indebtedness of the State, beg- leave to submit
the following report.

REPORT.

HISTORY OF THE INDEBTEDNESS.

Being impressed vriih the belief that a complete histoiy of the matter
is necessary to its perfect comprehension, we have deemed it proper to
commence at the beginning, and trace its various fortunes up to the
present time.

The war bonds of eighteen hundred and fifty-one were issiied in pur-
suance of the Act of February fifteenth, eighteen hundred and fiftj'-one,
(Statutes of 1851, page 520) the first section of which reads as follows:

Section 1, By vh-tue of the power given to the Legislature by the Constitution of this
State, Article VIII — in case of war to repel invasion or suppress insurrection — a loan not
exceeding live hundred thousand dollars is hereby authorized to be negotiated upon the faith
and credit of the State, payable in ten years, and at any period after live years at the plea-
sure of the State; said loan to bear a rate of interest not exceeding twelve per cent per
annum, payable annually or semi-annually at such place as the contracting parties may
agree; provided, however, that the interest of the first year may be paid in advance out of
the loan thus made.

The interest was made payable semi-annually, and fell due in March
and September of each year.

The bonds of eighteen hundred and fifty-two were issued in pursuance
of the Act of May third, eighteen hundred and fifty-two (Statutes
1852, page 59), the first section of which reads as follows:

Sectiox 1. A sum not exceeding six hundred thousand dollars is hereby appropriated
and set aside as an additional "War Pund, payable in ten years out of any moneys which
maybe appropriated by Congress to defray the exjienses incurred by the State of California,
and interest thereon at the I'ate of seven (7) per cent per annum, in the suppression of
Indian hostilities, or out of the proceeds of the sale of any public lands which may be
donated or set aside bj^ Congress tor that purpose; and should no such appropriation or
donation be made, or if an amount sufficient should not be appropi'iated or donated within
the said ten years, then the bonds authorized to be issued by this Act shall be good and
valid claims against the State, and shall be i^aid out of any moneys in the Treasury not
otherwise appropriated, to pay the expenses of the expeditions mentioned in this Act.

The interest was made i^ayable in annual instalments, and fell due in
January of each year.

Under this Act further appropriations were made in eighteen hundred
and fifty-three, as follows: »•

By Act of 15th April

By Act of 16th April

By Act of 18th May

§23,00

2,500

23,000

It is thus seen that by the Act of eighteen hundred and fifty-one the
bonds were issued upon the same terms as other bonds, and that bj" the
Act of eighteen hundred and fifty-two the State expressly bound herself
to pay them, if the General Government did not.

The bonds of eighteen hundred and fifty-seven were issued on far
different teimis, as the following section from the Act authorizing their
issue will show (Statutes 1857, page 262):

Section 1. A sum not exceeding four hundred and ten thousand dollars is hereby
appropriated and set apart as a " War Fund," payable out of any moneys that may be
appropriated by Congress to this State, to defray the expenses incurred in the suppression
of Indian hostilities as specified in this Act, •

The bondholders therefore took these bonds with the express under-
standing that they must look to the General Government for their
redemption. It is sufficient to say that an appropriation was made by
Act of Congress, March second, eighteen hundred and sixty-one (Stat-
utes at Large, Vol. XII, page 199) for this purjDose. The money Avas
paid into the State Treasury, and the matter is at an end.

We have only, then, to deal with the issue of eighteen hundred and
fifty-one and eighteen hundred and fifty -two. An appropriation to pay
these bonds with interest was made by Congress, August fifth, eighteen
hundred and fifty-four in the following terms (Statutes at Large, Vol.
X, page 583):

Section 3. A7id be it further enacted: That the Secretary of War be and he is
hereby authorized and directed to examine into and ascertain the amount of expenses
incurred by the State of California in the suj-ipression of Indian hostilities within the said
State prior to the first day of January, Anno Domini eighteen hundred and fifty-four, and
that the amount of such expenses when so ascertained be paid into«the Treasury of said
State; provided^ that the sum so paid shall not exceed in amount the sum of nine hundred
and twenty-four thousand two hundred and fifty-nine dollars and sixty-five cents (§924,-
259 6.5), which amount is hereby appropriated out of any moneys in the Treasury not other-
wise appropriated.

On May fourth, eighteen hundred and fifty-five (Statutes 1855, page
241), the Legislature passed an Act for the purpose of utilizing this
appropriation, the Act in substance providing for the surrender of the
Avar bonds of eighteen hundred and fifty-one and eighteen hundred
and fifty-two, it being thought at that time that the whole amount
appropriated by Congress Avould be paid into the State Treasury. In
this the State and bondholders were mistaken, as the folloAving extracts
from the message of Governor Bigler will show (Senate Journal, seventh
session, page 27):

By reference to pages five hundred and eighty-two and five hundred and eighty-three of
the United States "Statutes at Large" of eighteen hundred and fifty-four, it will be seen
that the section numbered three ('J) of the Act making appropriations for the support of the
army directs the Secretary of War " to examine into and ascertain the amount of expenses
innorred and notv actually paid by the State of California in the suppression of Indian
hostilities within the said State prior to the first day of January, A. D. eighteen hundred
and fifty-four, and that the amount of such expenses, when so ascertained, be paid into
the Treasury of the said t^ate." ^ ^ . j

In compliance with the provision of law above f^uoted, the Act of last session was
pasjod, and .-tatements certified by the proper constitutional officers, duly forwarded by me
to Wu-hington City, under the impression that nothing further was necessary or requisite
under the law of Congress to authorize the prompt and immediate payment into the State
Treasury of the sum ai>propriated by Congiess.

This impression, however, it seems was incorrect, and the Secretary of "War positively
refuses to pay to the State the amount due and appropriated until he ^hall have examined
the accounts and vouchers on which the original warrants or bonds were issued.

Tliese accounts and vouchers, it is proper here to remark, are a part of the archives of
the State, and as such are required to be kept at the seat of government, as constituting
not only a complete history and expose of the several Indian wars, but as the basis of the
action of the Controller and Board of Commissioners of the War Debt, and as such their
proper place is among the records of the State.

L nder the law no officer of the Government has the right, if he so desired, to remove
them without express legislative authority, either for tlie satisfaction or information of an
officer of the Federal Government or for any other purpose whatever.

The law of Congress which was intended to govern the action of the Seoretarj' of "War,
in my opinion, does not require his examination into the jyrojjriet}/ or necessity of any or
all of the expenditures of the State in the suppression of Indian hostilities; but directs him
to "examine into and ascertain the amount of e-fpeiises inclined and actually i^aid,'''' and
upon such ascertainment to pay the same into the Treasury' of the State of California;
provided such amount should not exceed the sum of nine hundred and twenty-four thou-
sand two hundred and liftj-nine dollars and sixty -five cents (§924,259 65).

The Secretary of "War, however, has deemed it his dut3' to require the original vouchers
and papers, and to refuse payment of the amount appropriated until they shall have been
furnishi'd.

Although fixed in the belief that so far as the State of California is concerned the require-
ments of the law of Congress on the subject have been, on her part, fully complied with,
and that the Secretary of War, having from statements authenticated by the proper State
officers ^^ ascertained the amount actually paid," should without further question or
dela^', in accordance with the law of Congress, have paid the amount appropriated " into
the Treasury of the State of California," it is neither my intention nor desire in this com-
munication to call in question or advert to the propriety or justice of the action of the
Secretary of War in the premises, further than to dissent from the correctness of his deci-
sion, as being, in m3- opinion, unwarranted by the language of the Act of Congress making
the appropriation, and also to express sincere regret tliat months of delay in payment
must, under the circumstances, necessariW ensue, "burdening the State with a large sum in
the shape of interest on the outstanding war bonds and warrants.

Without further comment the whole subject is commended to your careful consideration,
for such action in the premises as, under all the circumstances, may by you be deemed
proper and necessary to secure to California the prompt payment of the amount long since
ordered by Act of Congress into the Treasury of the State.

In accordance with resolutions of both branches of the Legishature,
requesting from the Governor such information as was in hfs hands
regarding the condition of the war debt, and its payment by the General
Government, Governor Johnson transmitted a message to the Legisla-
ture on the thirty-first of January, eighteen hundred and fifty-six, an
extract from which is given as follows (Senate Journal, seventh session,
j)age 226):

It is needless to inquire whether the Secretary of War has misapprehended the spirit
and intent of the Act of Congress making this appropriation, in rejecting the certified
copies of vouchers forwarded him, as satisfactory evidence of the i^ayments made by the
State; neither at this time can any beneficial results attend the discussion of an issue seem-
ingly foreshadowed by the Secretary's letter, involving a construction of the law which
would invevt him with discretionary power to allow or reject at pleasure specific items of
expenditure which have been assumed by the State. I must confess, however, that an
assumption of authoritj' so unwarranted as I believe this to be is quite manifest, and I
am ajiprehensive that the aid of further congressional legislation will have to be invoked
ere our State will derive the benefits of the entire sum appropriated.

If the Secretary of War shall, by virtue of the authority given him to examine into
these claims, assert the right to go behind the act of the Board of Examiners, and inquire
whether the demands were such as ought to have been allowed, and the evidence on which
the payments were predicated, as appears of record, sufficient to sustain their decision, I
doubt not that the exacting requirements of the Secretary and his auditing officers would
find abundant pretexts to reduce the sum materially.

In the various military expeditions which California in defense of her citizens was com-
pelled to undertake, either from inability or neglect of the General Government to provide

such defense — owing to the condition of the countrj' at those periods — with our State credit
most ruinously depreciated, prices were paid for supplies and many expenses incurred
which to us even now would appear enormous.

Furthermore, in the settlement of accounts by the Board of Examiners, and in some
few instances before committees of the Legislature, the introduction of oral testimony on
behalf of claimants was permitted, which, no doubt to them was conclusive; but, unfor-
tunately, the evidence was not perpetuated.

Prom these and other causes we nuiy be much embarrassed if the exercise of such dis-
cretionary power shall be persisted in. Whilst, thei-efo re, hoping our fears may prove
groundless, still these misgivings should suggest to our minds the necessity of extreme
caution and deliberation regarding the measures now to be adopted.

Let us so fortify ourselves against all possible contingencies that further delaj^ in secur-
ing the payment of this money may not be the fruits of our own inefRcient legislation.

In the lirst place authority should be given to transmit to the Secretary of "War the
original vouchers, and at a reasonable expenditure secure the services of such person or
persons as may be necessary in the prosecution of these claims betbre that otKcer. One of
our present members of Congress, General J. W. Denver, and of him I speak particularly,
on account of his former pusition as one of the Board of Examiners, will, no doubt, lend
his cooperation without compensation by the State. Such assistance will be all important,
as a very large portion of these claims were examined before him and allowed, and he is,
consequently, possessed of an intimate knowledge of all matters connected with this indebt-
edness. There is another gentleman, however, A. J. F. Phelan, Esq., whose services are
indispensably necessary to the successful prosecution of these claims. In this I speak par-
tially from my own personal knowledge as well as from the testimony of the late Board of
Examiners, to whose efficiency and understanding of the whole subject they voluntarily
bear witness.

Mr. Phelan was the Clerk of that Board for nearly, if not quite, the entire period during
which the seven per cent bonds were being issued, and from his position necessarily became
familiar with all the vouchers and testimony adduced in support of the claims 2") resented;
and his usefulness to the State in connection with these claims against the Government can
be readily foreseen; and I would, therefore, suggest that his services be secured, which I
am advised by him can be etfected on terms quite reasonable to the State.

From the foregoing it is plain that additional legislation was abso-
lutely necessary, and thereupon followed the Act of April nineteenth,
eighteen hundred and fifty-six (Statutes 185G, page 206), which created
the "Board of War Debt Commissioners," and defined their jiowers and
duties. By the terms of this Act Samuel B. Smith and J. W. Denver
were appointed a Board of Commissioners to prosecute before the Secre-
tary of War the claims of the State subject to be j)aid out of the appro-
priation above set forth. The Act then proceeds to define their duties
in the matter of advertising for bids for surrender gf the bonds of
eighteen hundred and fifty-one and eighteen hundred and fifty-two — the
former to have the preference. This was done to secure the payment of
those bonds in full in case the appropriation should be deficient, which
it might well have been had pajanent been made up to the time of pres-
entation. It was expected by the Legislature that payment would be so
made, for section five provides that the Commissioners shall "examine
and compute the amount of principal and interest due up to time of pres-
entation for redemption, if before the period indicated when they shall
cease to bear interest; otherwise at the period so indicated." This Act
of the Legislature was followed by the following congressional enact-
ment (Statutes at Large, Vol. XI, page 91):

Sectiok 8. And he it further enacted, That the Secretary of War is hereby authorized
and du-ected to pay to the holders of the war bonds of the State of Calitbrnia the amount
of money appropriated by Act of Congress approved May (August) fifth, eighteen hundred
and fitty-four, m payment of expenses incurred and now actuailv paid by the State of Cal-
ifornia tor the suppression of Indian hostilities within the said State prior to the first dav
of January, A. 1). eighteen hundred and fifty-four, under the following restrictions and
regulations: before any bonds shall be redeemed by the Secretary of War thev shall be
presented to the Board of Commissioners appointed by th» Legislature of said State, by an
Act approved April nineteenth, eighteen hundred and fifty-six, and the amount due and
payable upon each bond be indorsed thereon by said Com'missioners. Upon presentation
to the Secretary of War of any bond or bonds thus indorsed it shall be his duty to draw

his warmnt in favor of tho holder or holders thereof for the amount certified to be due upon
the sauio by the ?aid Commissioners ujjon the Secretary of the Treasury, who is hereby
directed to pay the same; provided, that said amount in the aggregate shall not exceed the
amount of monej' appropriated by Act of Congress apjiroved "August fifth, eighteen hun-
dred and fifty-four; .-aid Ixmds, after re(lemi)tion, and after taking otfthe coui)ons that may
remain unpaid, shall be delivered to the iSecretarj' of War to be canceled.

The Commissioners were met at the thrcshhold by an unforeseen com-
plication, which rendered it impossible for them to comply strictly with
the terms of the Act of the Legislature; for by that Act they were
compelled, as has been seen, to allow interest up to the time of presenta-
tion of the bonds, while by the ruling of the Third Auditor, which
ruling was affirmed by the Secretary of War, interest could only be
allowed up to the first of January, eighteen hundred and fifty-four.
Thus it happened that no provision was made for the interest between
that time and September first, eighteen hundred and fifty-six, when the
Commissioners advertised for surrender of bonds. The ruling of the
Third Auditor rendered it unnecessary, as the Commissioners truly say,
to give preference to the bonds of eighteen hundred and fifty-one, for by
only paying interest up to January first, eighteen hundred and fifty-four,
the congressional appropriation would be more than sufiicient for the
purpose. In order to i)resent this matter in its clearest light, we give
below the decision of the Third Auditor, with that of the Secretary of
War, in affirmation (Report of Committee on Finance, in Appendix to
Senate and Assembly Journal, fourteenth session):

Treasury Department, Third Auditor's Office, )
September 3d, 1856. J

Hon. Jefferson Davis,

Secretary of War:

Sir: — I have the honor to submit herewith for your consideration and decision a commu-
nication addressed to me to-day by J. "W. Denver and Samuel B. Smith. Esq., California
"War Debt Commissioners, inclosing a copy of a letter from them to you of the thirtieth
ultimo.

In these communications the Commissioners raise two points relative to the payment of
the war bonds issued by the State of California, the redemption of which is provided for
by the Acts of the fifth of August, eighteen hundred and fifty-four, and eighteenth of
August, eighteen hundred and fifty-six, to wit:

Firnt — Whether interest upon the bonds will be allowed for any time beyond the first
day of January, eighteen hundred and fifty-four, to which it is calculated?^

Second — Whether any war bonds will be redeemed (upon Commissioners* certifying them
to be genuine, due, and payable) that were issued by the State of California in the years
eighteen hundred and fifty -four and eighteen hundred and fifty-five, in payment of expenses
incurred in the suppression of Indian hostilities in said State; or, in other words, whether
the money appropriated by the Act of Congress of the fifth of August, eighteen hundred
and fifty-four, can be applied to the payment of indebtedness accruing against the State of
California, either as principal or interest, since the first day of January, eighteen hundred
and fifty-four, the same not having been included in the estimate on which the appropria-
tion teas made?

In submitting these points, I take the liberty of expressing the following opinion:

First— It' tlie result of the investigation now going on in this office shall show that the
sum appropriated by the Act of eighteen hundred and fifty -four will be sufficient to pay
the principal of the seven and twelve per cent war bonds and interest beyond the first day
of January, eighteen hundred and fifty-four, then, in my judgment, such interest can be
paid to the extent of the appropriation, up to and not beyond the fifth of August, eighteen
hundred and fifty-four, the day the law was approved by the President; otherwise, not.
But- if the appropriation shall turn out to be insufficient for the satisfaction of the bonds,
with interest, to the first day of January, eighteen hundred and fifty-four, then, in my
opinion, they be paid pro rata to the extent of the appropriation.

Second — The admission of the Commissioners, that the war bonds issued in eighteen
hundred and fifty-four and eighteen hundred and fifty-five, either principal or interest,
were not included in the estimate upon which the appropriation was made in the Act of

the fifth of August, eighteen hundred and fifty-four, is, in my judgment, conclusive on this
point.

I cannot see how the amount thus appropriated can be applied to any object outside the
estimate upon which it was based, unless expressly directed by the supplemental Act of
the eighteenth of August, eighteen hundred and fift^'-six.

Tlie latter Act contains no such special direction, and the bonds issued in eighteen
hundred and fifty-four and eight(!en Inuicb-ed and fifty-five, are therefore clearly' excluded
from all the benefits of the origiiyil appropriation.

I am, with great respect,

Your obedient servant,

W. H. S. TAYLOR,

Acting Auditor.

The following is the decision of the Honorable Secretary of War upon
the foregoing report:

I concur in the view of the Third Auditor, as to the date to which interest may be calcu-
lated, and entertain no doubt as to the inapplicability of the appropriation to bonds issued
after the date of tlie appropriation Act of August fifths eighteen hundred and fitty-four, as
it provided only for expenses which had been incurred prior to the first of January,
eighteen hundred and fifty-four, in the suppression of Indian hostilities within the State
of California. Should the appropriation be inadequate to meet the obligation for wliich
it was provided, then it will, of course, be necessary to pav pro rata.

JEFPEliSON DAVIS,

Secretary' of War.

Wak Defartmext, September 4th, 1856.

It is thus seen that the Commissioners were precluded from comply-
ing with the strict terms of the law under which they were authorized
to act, and that they were thus reduced to the alternative of carrying
out their instructions as nearly as possible or of throwing up their trust,
and thus saddling the State with a burden of constantly accruing inter-
est. That they did wisely in accepting the former alternative your com-
mittee have little doubt.

In order, however, to make the action of the Commissioners perfectly
clear, we have deemed it best to give their two reports in full, with the
excei^tion of the tables annexed to them. Their first report can be
found on page six hundred and eighteen of Senate Journal, thirteenth
session, where it is incorporated in report of Senate Finance Committee.
Their second report is in Appendix to Senate Journal^ eleventh session:

REPORT OF COMMISSIONERS OF CALIFORNIA WAR DEBT.

To His Excellency', J. Neely Johnson,

Governor of the State of California:

Sir: The Commissioners appointed by the Act of April nineteenth, eighteen hundred
and fifty-six, to liquidate the war debt of the State, beg leave to report:

That in accordance with the provisions of said Act, so soon after the same as practicable
they opened an office in the City of Washington and made application to the Secretary of
War, as by said Act directed, for payment of the sum of money appropriated by Congress
in paynientof expenses incurred " by the State in suppression of Indian hostilities." As
evidence of said indebtedness the Commissioners submitted a certified copy of the War
Bond Register of said State, the various Acts of the Legislature authorizing the issuance
of said bonds, and the Journals of the Legislature exhibiting the action of that body in
relation to the «ainc; proposing, further, to deliver him the bonds issued bv the State
before making rc-quisition for ,aid money. In reply, the Secretary of War sta'ted in sub-
stance that the proofs submitted were insufficient; that he could not recognize the bonds as
evidence of the indebtedness, but that the Act of Congress of August fifth, eighteen hun-
dred and fifty-four, under which Act the api)ropriation was made, would require him to go
into an examination of the original vouchers. As this course of procedure would have
involved great delay and difficulty, and being satisfied from the condition of the original
vouchers, which were in very many instances informal, that a large portion of them would
be disallowed, we applied to Congress for relief, and a bill was introduced at our instance
directing the Secretary of War to pay over the full amount of the appropriation as directed

bj' the Logislatiire of the Stale of Csilifornin. The bill meeting with violent opposition
iiitiueiiccil to a great extent by the holders of the seven jicr eent bonds, who felt aggrieved
at the nuiniier of distributing the apiirojtriation direeted by said ^Vct, and being unwilling
to give our sanetioii to any congressional aetion which might clash with the Act of the
Statt* of California, we finally submitted to the iSecretary of War all the books and orig-
inal papers in our jiosse.-sion, ottering to make all necessary explanation, etc. As we had
anticipated, the examination was delayed, and after several interviews with the accounting
officers to whom the vouchers had been referred b^' the Secretary of War, and being con-
vinced that the inteicst of the State would greatly suffer should a settlement be made upon
such a basis, we finally agreed with the bondholders to a bill providing a pro rata distrilju-
tion of the appropriation, viz: the payment of tiie principal of all the bonds issued i)rior to
January first, eigiiteen hundred and lifty-four, and interest on the same up to that date.
This bill passed. Immediately ui)on its passage the Commissioners advertised for the
redemption of said bonds in various daily papers, a list of which Avill be; found in tJK; min-
utes of the Commissioners acconipanj'ing this report, which advertisement directed that
all bonds should be presented to the Commissioners before the first day of September,
after whicli date they would cease to bear interest. Upon an examination of the Act we
found a mistake had occurred which apparently left to the Commissioners the power of car-
rying out the direction of the State in the disbursement of the ajipropriation. AVe imme-
diatelj' applied to the Secretary of War. asking his construction of the Act. It will be
seen bj' reference to the correspondence which accompanies this report that the Secretary
of War would not permit any portion of the appropriation to be applied to the redemption
of bonds issued since the first of January, eighteen hundred and fifty-four, nor for the pay-
ment of interest accumulating since that date on bonds previously issued. This construc-
tion rendered it unnecessary to make any distinction between the seven and twelve per
c(;nt bonds, and superseded the necessitj' of advertising for bids as directed by the Act of
California.

Under the instruction of the Secretary of War the Commissioners, as bonds were pre-
sented, certified to the genuineness of each bond, and the amount, principal and interest,
due thereon up to the first day of .January, eighteen hundred and fifty-four. The full
amount certified to bj' the Commissioners is as follows:

Of tw'clve per cent bonds, principal, one hundi'ed and seventy-seven thousand dollars;
interest on the same, fifty-five thousand six hundred and eighty-three dollars and ninety-
seven cents. Of seven per cent bonds, principal, five hundred and fifty-nine thousand
seven hundred and fifty-dollars; intei'est on the same, forty-eight thousand two hundred
and fourteen dollars and sixty-eight cerits. Amounting in all to eight hundred and forty
thousand six hundred and forty-eight dollars and sixty-five cents — a full statement of
which accompanies this.

The full amount paid bj' the United States Government up to the fifteenth day of Novem-
ber, eighteen hundred and fifty-six, is eight hundred and fourteen thousand four hundred
and fifty-six dollars and eighty-four cents, as appears per statement of the Third Auditor,
which accompanies this, leaving unjiaid of the bonds at that time certified, twenty-six
thousand one hundred and ninety -one dollars and eightj'-one cents; of which, fifteen thou-
sand two hundred and twenty' dollars and twenty cents had been presented to the Secretary
of War, the balance, ten thousand nine hundred and seventy-one dollars and sixty-one
cents, still being in the hands of the holders. This amount has no doubt been paid in full.
The interest coupons belonging to all the bonds presented to the Commissioners were
detached from the bonds and distributed as follows :

Of seven per cent bonds, coupons one and two, up to January first, eighteen hundred and
fifty-four, were attached to th(; bonds and have been paid; coupons three and four, up to
January first, eighteen hundred and fifty-six, have been returned to the holders, stamped
as follows: " California War Bond Coupon." Coupon number five, from January first,
eighteen hundred and fifty-six, to January first, eighteen hundred and fifty-seven, simi-
larly stamped, with the amount of interest due on the same up to September first, eighteen
hundred and fifty-six, also stam^ el upon it, has also been returned to the holders. Cou-
pons six, seven, eight, nine, and ten, representing the interest from .January first, eighteen
hundred and fift3'-seven, to the maturing of the bonds, are returned to the State. Of twelve
per cent bonds, coupons one, two, three, four, and five, representing the interest up to
March first, eighteen hundred and fifty-four, were attached to the bonds, but were paid only
up to .January first, eighteen hundred and fifty-four, leaving on every bond a balance of
twenty dollars, interest from January first to March first, eighteen hundred and fifty-four,
due to the bondholder — for which amount the Commissioners gave their certificate, a copy
of which accompanies this. Coupons six, seven, eight, nine, and ten, representing the
interest due up to September first, eighteen hundred and fifty-six, have been returned to the
owners; and the remaining coupons, numbers eleven, twelve, thirteen, fourteen, fifteen,
sixteen, seventeen, eighteen, and nineteen, are returned to the State.

It will be seen that there are remaining unpaid of bonds issued prior to January first,^
eighteen hundred and fifty-four, of principal, fifty-nine thousand six hundred dollars; of
interest to that date, about fourteen thousand dollars; total, seventy-three thousand six
hundred dollars. There is remaining of the appropriation, eighty-three thousand six
hundred and eleven dollars; leaving a balance on hand, over and above the bonds and

interest, up to January first, eighteen hundred and fifty-four, of not less than ten thousand
doHars,

The entire amount of coupons and certificates returned to holders of redeemed bonds,
and now out.-^tanding, is one hundred and sixty-one thousand one hundred and twenty
dollars and ninety-one cents. Tlie entire amount of coupons returned to the State is three
hundred and seventeen thousand seven liundred and twenty-seven dollars and ten cents.
The bonds redeemed have been cancelled, and are now on file in the Treasury Department.
The General Government, by recognizing tlie bonds, and by the payment of interest up to
January first, cigliteen Inmdred and fifty-lour, have virtually assumed the entire debt, and
there is but little doubt of the speedy passage of an Act making an additional appro-
priation to cover the unpaid coupons now outstanding, as well as the amount of bonds
issued subsequent to January first, eighteen hundred and fifty-four, a statement of whieli
will be found accompanying this.

We cannot conclude our report without expressing our high appreciation of the services
of Mr. A. J. F. Phelan, the Clerk of the Commission. His thorough knowledge of all
the details connected with the origin of the war debt, and his faithfulness and ability in
discharging the onerous duties imposed upon him by the State, has very materially aided
us in accomplishing all that has been effected toward the extinguishment of the debt.

All of which is respectfully submitted.

SAM. B. SMITH,
J. W. DENVEK,
Commissioners California War Debt.

Sacramento City, January 5th, 1857.

FINAL REPORT OP THE COMMISSIONERS OF THE CALIFORNIA WAR DEBT.

To His Excellency, John G. Downet,

Governor of California:

Sir: The undersigned. Commissioners appointed by the Act of April nineteenth, eighteen
hundred and fifty-six, to liquidate the war debt of the State, beg leave to state:

That since their last report, which was dated January fifth, eighteen hundred and fifty-
seven, they have certified for redemption bonds and couj^ons amounting in all to fifty-seven
thousand six hundred and thu-ty-three dollars and fourteen cents, which, added to the
amount then reported— eight hundred and forty thousand six hundred and forty-eight
dollars and sixty-five cents — makes up a total of eight hundred and ninety-eight thousand
two hundred and eighty-one dollars and seventy-nine cents redeemed, leaving a balance
outstanding of ten thousand nine hundred and fifty dollars in bonds, which last sum,
together with the interest thereon to the first day of January, one thousand eight hundred
and fifty-four, is fully provided for by the appropriation made by Congress. After these
outstanding bonds and coupons shall have been redeemed there will still remain a balance
of the appropriation unexpended amounting to about ten thousand dollars, but which will
not be available to the Stale, as will hereafter be made to appear. This excess was caused
by taking into the estimate on which the appropriation was made Varrants or certificates
issued before the first day of January, one thousand eight hundred and fifty-four, and not
funded prior to that date.

By reference to our former report you will ascertain the difficulties we had to encounter
at Washington when attempting to discharge the duties imposed on us by the Act under
which we were appointed. That Act provided first for the pajnnent of the whole twelve
per cent bonds, with accruing interest up to the date of redemption, and to advertise for
bids and give the preference to the lowest bidders among the holders of the seven per cent
bonds; but under the construction given by the Secretary of War to the Acts of Congress
referring to the appropriation, it was found impossible to carry out these provisionsliterally.
None of the money appropriated could, under the construction referred to, be ai^plied to the
redemption of bonds issued after the first day of January, eighteen hundred and fifty-
four, nor to the payment of interest accruing since that date. We had, therefore, to aban-
don tlie business altogether, or by conforming to the opinion of the Secretaiy of War, pay
the principal and thereby stop the accruing interest.

As betbre shown, the sum appropriated by Congress was sufficient to pay all the principal
and interest due on the first day of January, one thousand eight huudi'ed and fiftj'-four.
Having obtained the decision of the Secretary, we advertised and gave notice to the bond-
holders that we were ready to redeem the bonds and coupons due at tliat date (January
first, one thousand eighteen hundred and fifty-four), and that all bonds would cease to bear
interest after the first day of September, one thousand eight hundred and fifty-six.
Accordingly, the bondholders came forward and in good faith gave up their bonds on our
certificates, and received payment thereon. The coupons fallnig due between the first of
January, one thousand eight hundred and fifty-four, and tiie first of September, one thou-
sand eight lumdred and fifty-six, which were unprovided for at the time the bonds were
redeemed, amoiuiting in the aggregate to the sum of one hundred and seventy-two thou-
sand eight hundred and twenty-eight dollars and fift^'-four cents, were retained by the

bondhoklor?, but the coupons which would have become duo after the first day of Septem-
ber, one tliousand eight luindred and tifty-six, amounting to tlu; sum of three hundred and
forty-ft)ur tliousand six hundred and sixty-nine dollars and seventeen cents, were given
uj), and are now in our possession, less those attached to the finv bonds not yet redeemed.
By the course thus pursued, we were enabled to relieve the State from this accruing inter-
est, which would, as shown, had the bt>n(ls been allowed to come to maturity', have
increased the del)t three hundred and forty-four thousand six hundred and sixty-nine
dollars and seventeen cents, and for the payment of which the faith and honor of the State
is pledged.

No provision has as yet been made for the payment of the coupons yet outstanding,
amounting to tln' sum of one hundred :uid seventy-two thousand eight hundred and twenty-
eight dollars and tifty-four cents. The Act of February fifteenth, one thousand eight
hundred and fiftj'-one, uiidiir wliich the twelve per cent bonds were issued, provided that
the interest should be " payable annually or semi-annually," and the bonds were issued
with si-mi-annual coupon- attached. The Act of May third, one thousand eight hundred
and tifty-two, uiidci' which tlii' seven per cent bonds were issued, provided that thf interest
.-hould be paid annually, and the bonds were issued with annual coupons attached. The
Legislature has never made provision for the payment of any of this interest, although the
whole amount has now been due more than three years.

Good faith on the pail of the State lequires that these coupons should be redeemed,
either by issuing to the holders, as many of them have requested, bonds bearing interest,
or bj- payment in cash. The latter course is preferable if the condition of the Treasury
will permit, as the amount is long overdue; and under the provisions of the laws authoriz-
ing tht- issuance of the bonds, and by the terms of the bonds themselves the State was
bound lor the payment long since. Indeed, it is always better for the State to pay such
indebtedness in cash if jiossible, and then to call on the General Government for remunera-
tion, for by so doing officers will be held to a more strict accountability, accounts and
vouchers will be subjected to a closer scrutiny, and, in consequence, Indian wars will not
be too lightly engaged in.

The coupons heretofore referred to, which would have become due after the first day of
September, one thousand eight hundred and fifty-six, are as stated, now in our possession.
The law at present does not authorize us to make any disposition of theta. We therefore
ask for permission to turn them over to the State Treasurer, to be by him destroyed, or to
make such other disposition of them as the Legislature may direct.

We also request that we may be relieved from all further duties under the Act by which
we were appointed. There are only twenty-nine bonds of all descriptions now outstanding
with which we would have anything to do, and the duty of certifying to them can very
well be devolved on some of the State officers, to whom we Ba,ight be authorized to deliver
the books and papers of the commission.

Herewith we submit fot your inspection a tabular statement, prepared by the very
efficient Clerk of the Board, A. J. F. Plielan, Esq., which will be found full and compre-
hensive.

All of which is respectfully submitted.

J. W. DENVER,
SAM. B. SMITH,
Commissioners California War Debt.

Sacramento City, Januarj' 30th, 1860.

It may be well to supplement the final report of the Commissioners by
saying that Congress authorized the using up of the surplus of the
original appropriation in the redemption of bonds issued subsequent to
January first, eighteen hundred and fifty-four, (Statutes at Large, Volume
XII, page 104) and that this was done to the extent of seven thousand
six liundred and fifty (7,650) dollars of principal, (see official list in
Appendix) with interest up to the time of 2)resentation, leaving a surplus
still of about ten thousand (10,000) dollars. This could not be utilized,
because the estimate on which the appropriation was based included that
amount of claims which had not been funded by the State prior to
January first, eighteen hundred and fifty-four.

To state in a few words the action of the Commissioners, they indorsed
as correct the bonds with interest up to January first, eighteen hundred
and fifty-four; and to the holders of the bonds of eighteen hundred and
fifty-one, the coupons of which fell due in September and March, they
gave a certificate of indebtedness for the interest from January first,
eighteen hundred and fifty-four, to March first, eighteen hundred and
fifty-four, they detaching and keeping this March coupon. Instead of

giving certificates to the holders of the bonds of eighteen hundred and
fifty 4\vo for the interest from January first, eighteen hundred and fift}^-
six, to Sejitember first, eighteen hundred and fifty-six, they stamped the
amount of this interest on the coupon that fell due January first, eighteen
hundred and fiftj'-seven. The coupons of the bonds of eighteen hundred
and fifty-one, from March first, eighteen hundred and fifty-four, to Sep-
tember first, eighteen hundred and fifty-six, inclusive, and those, of the
bonds of eighteen hundred and fifty-two, from January first, eighteen
hundred and fifty-four, to January first, eighteen hundred and fifty-seven,
inclusive, (the latter having stamped on them the interest of September
first, eighteen hundred and fiftj^-six) were detached and surrendered to
the bondholders, and it is these coupons so detached, and those certifi-
cates of indebtedness, which are urged by their holders as being valid
obligations of the State.

The coupons of the bonds of eighteen hundred and fifty-one, repre-
senting the interest from September first, eighteen hundred and fifty-six,
to maturity, and the coupons of the bonds of eighteen hundred and fifty-
two, rei^resenting the interest from January first, eighteen hundred and
fifty-seven, to maturity, Avere detached and retained b_y the Commission-
ers, and amounted according to their final rejjort to three hundred and
forty-four thousand six hundred and sixty-nine dollars and seventeen
cents. These were destroyed by the Military Committee of both Houses,
in accordance with concurrent resolution (Senate Journal, 12th session,
page 779). It will be seen on referring to the report of the committee,
that the coupons destroyed amounted to the sum of three hundred and
twenty-seven thousand two hundred and seven dollars and ninety-eight
cents. The seeming discrepancy' between these figures and those of the
Commissioners is easily reconciled, when we call to mind the fact of the
January, 'fifty-seven, coujjons being surrendered to the bondholders with
the interest stamped on it trom January first, eighteen hundred and fifty-
six, to September first, eighteen hundred and fifty-six. It is plain, there-
fore, that the coupons destroyed by the Committee would not be as great
as the amount returned by the Commissioners by so much interest on
the bonds of eighteen hundred and fifty-two as ha«i accrued between
September first, eighteen hundred and fifty-six, and January first, eigh-
teen hundred and fifty-seven.

HISTORY OF THE CLAIMS.

I^one of the bonds of eighteen hundred and fifty-one have ever been
presented to the Legislature for redemption until the present session,
there being a bill now pending for the payment of bond Number Thirty-
four, issued April first, eighteen hundred and fifty-one. It seems that a
duplicate was issued for this bond to John C. Johnson, by Act of April
thirtieth, eighteen hundred and fifty-three (Statutes 1853, page 130), and
it is certain that the original has been paid. The claim is accompanied
by a number of papers, among them being an afiidavit on the part of the
holder of the bond, who claims himself to be an innocent purchaser for
value, and a letter from the Board of War Debt Commissioners in sup-
port of their action in refusing to certify to the correctness of the bond.
As the recommendation of this report renders it unnecessary for us to
pass upon the validity of this claim, we have not devoted to it any spe-
cial study.

As to the bonds of eighteen hundred and fifty-two, the Legislature
have made appropriations for their payment as follows:

In eighteen hundred and sixty-five and sixty-six (page 516
of Statutes), principal and interest in full

In eighteen hundred and sixty-seven and sixty-eight (page
4G8 of Statutes), principal and interest in full

In eighteen hundred and sixiy-nine and seventy (page 698
of Statutes), principal and interest in full

$32,500 00
$1,765 00
$2,380 00

When the bonds alone were first presented to the Legislature in
eighteen hundred and sixty-five and sixty-six, the question of their con-
stitutionality being raised, the matter was submitted to the Judiciary
Committee of the Assembly, who decided them, with but one dissenting
voice, to be constitutional and valid. (See Report in third volume of
Appendix to Senate and Assembly Journals, sixteenth session.) A mi-
nority rej^ort was made by Mr. Luttrell, the present representative in
part of the County of Siskiyou on the floor of the Assembly. This gen-
tleman, however, recommended that a Commission be appointed to iiives-
tigate the amount and character of the Indian war indebtedness of the
State, and report the result to the ensuing Legislature. (See Eeport m
Appendix, as above.) This recommendation was so far concurred in as
that a committee was appointed, of which Mr. Luttrell was made Chair-
man. The committee, however, renewed the recommendation previously
made by their Chairman, and so the matter came to naught. (See Ee-
port in Assembly Journal, sixteenth session, page 630).

No provision has ever been made for the payment of the coupons and
certificates, though strenuous eftbrts have been made to induce such
action. This seems singular, as the various committees to whom the
matter was from time to time referred rejjorted in favor of their pay-
ment.

The first time these claims were presented to the Legislature was in
eighteen hundred and sixty. In that year, Governor Weller called the
attention of the Legislature to the mattei*, and recommended that
"prompt provision be made for the payment of these just demands."
(See his Message in Senate Journal, eleventh session.) A bill was intro-
duced in the Senate in accordance with this recommendation, and re-
ferred to the Committee on Claims, who reported unanimously in favor
of the j)ayment of the coupons. They conclude their report as follows:

The laws authorizing the issuance of the bonds provided that the interest should he paid
on the twelve per cents, semi-annually, on the first daj's of March and September of
each j^ear, and on the seven per cents, annually, on the first day of January of each
year, from and after their issuance. The bonds carried this pledge upon their face; the
coupons attached promised the same. The bonds were transferable by delivery, and no
doubt passed through many different hands. Parties purchasing had a right to expect that
the interest would be paid by the State as set forth on the face of the bonds. They were
signed by the Controller and Treasurer of State, indorsed by the Governor, stamped with
the seal of State, and it is strange that the solemn pledge of the State should not ere this
have been fulfilled.

A majority of the holders of this indebtedness have, however, as your committee are
informed, expressed a wiilingness to surrender their evidences of indebtedness, that is to
say, their unpaid coupons and certificates, and receive in lieu thereof bonds of the State
payal)le at some future date. Certainly the State cannot refuse to do this. In resjionse to
this your committee have prepared a bill, which is herewith reported, authorizing the fund-
ing of this debt and the issuance of bonds payable in the year one thousand eight hundred
and seventy, bearing interest at the rate of seven per cent per annum, containmg a provi-
sion that if the General Government shall make provision for the payment of the same at
an earlier date, the State shall have the privilege of calling them m by giving sixty days
notice, from and after which time they shall cease to bear interest.

In recommending the passage of this bill, j'our committee have only to add that they
feel that at best the- State has been strangcily tai'dy in providing tor the payment of this
"indebtedness, and they hope that the same may be favorably and at once considered by the
Senate.

These claims were not before the Legislature of eighteen hundred and
sixty-one, so far as Ave can ascertain; but in eighteen hundred and sixty-
two Governor Downey drew attention to them in his annual message of
that year, as follows\Seuate Journal, thirteenth session, page thirty-
four:)

There is still due and unpaid the sum of two hundred and eighteen thousand four hun-
dred and sixty-eiglit dollars and tifry-four cents, on account of the Indian war debt, incurred
prior to eighti-cn Imndred and fifty-four, and for which an appropriation was made by Con-
gress of nine hundred and twenty-four thousand two hundred and liftj'-nine dollars and
sixty-five cents (more than ample at the time to meet the whole war debt.) This balance
against the State on this account is mainly owing to the ruling of the Secretary of War,
who refused to transfer the amount thus appropriated, 3eclining to recognize the bonds as
evidence of this debt, but requiring proof of the indebtedness by the production of the
original accounts and vouchers, which in many instances had become quite impossible.
Under this ruling of the Secretary interest of two years was suifered to accumulate, and
the result has been this unpaid balance — consisting of interest on coupons — the sum of one
hundred and seventy-two thousand eight hundred and sixty-eight dollars and fifty-four
cents; bonds remaining unpaid, thirty-eight thousand one hundred dollars; interest due on
the latter, seven thousand five hundred dollars; total, two hundred and eighteen thousand
four hundred and sixty-eight dollars and fifty-four cents. These bonds mature in eighteen
hundred and sixty-two. The faith of the State is pledged to their payment; and if Con-
gress will not assume this debt, as it properly should, the State ought to make provisions
for its liquidation.

This portion of the Governor's message was referred by the Assem-
bly to a special committee, who reported as follows:

Mr. Speaker: — Your Committee to whom was referred that part of Governor Dow-
ney's Message relating to the balance due on account of Indian War Debt, report:

That they find that there is now outstanding about two hundred and twenty thousand
dollars of the old Indian war debt, consisting of war bonds, coupons, etc., tor the pay-
ment of which the faith and credit of the State has been pledged, as will appear by an Act
passed May second, eighteen hundred and fifty-two, and other Acts supplementary thereto,
under which said bonds were issued.

That said bonds become due and payable on the second day of j\Iay, eighteen hundred
and sixty-two, and no provision has been made for the payment thereof.

That they have conferred with some of the holders of the aforesaid indebtedness, Avho
claim they are entitled to the money when the same becomes due; but knowing that, from
the present condition of State fiininces, it is impossible to meet this indebtedness with cash,
they are willing to accept bonds of the State therefor.

That your committee recommend, as the best mode of settling the aforesaid indebted-
ness, that bonds of the State be issued, drawing interest at the rate of seven per centum per
annum, payable in ten or twenty years, or out of any appropriation that mny be made by
the Federal Government before the lapse of said term, and respectfully submit the accom-
panying Act for that purpose for your consideration.

This report is signed by the whole committee of fiv.e (5), one of the
number being Mr. McCullough, who subsequently became Attorney
General, and another, Mr. Machin, who subsequently became Lieutenant
Governor. A bill was introduced in the Senate providing for the fund-
ing of the coupons, as recommended by the Assembly committee, which
bill was referred to the Committee on Finance, who reported unani-
mously in favor of the bill. Their report concludes as follows (Senate
Journal, thirteenth session, page 623):

The Assembly bill provides for issuing bonds for the bonds and interest due thereon,
issued subsequent to the first day of January, eighteen hundred and fifty-four, and would
leave the bonds and interest due on those issued prior to that date unprovided for. This
would be manifest injustice to the holders of the coupons on the old bonds. The State has

plcdgod her faith and credit to pay them if the General Government did not provide for
thi'ir payment before they fell due. This the General Government has tailed to do, and
the liolders of the coupons look to the State to coni])ly with her oblipjations. Your com-
mittei! think tlie State should not in the first placi; have taken the eoursi; she did in making
herself liable for these debts; but having done so, her honor and credit require that she
should immediately provide for meeting ner obligations.

Some fault has been found with the Commissioners by some parties for returning the
unpaid eoui)oiis to the bondholders. These coupons could not be i>aid by the terms of the
Act of Congress, and the amount thereof being due to tlu; holders, and no provision having
been made U> pay them, they certainly were entitled to have what belonged to them. And
hiid it not been for the second Act of Congress providing for the manner of settlement, a
very large portion of these bonds and interest thereon would not have been paid by the
congressional appropriation; but the holders would have a just and legal claim for them
agamst the State, which she could not have avoided i)aying. Therefore, instead of any
injury arising from such action to the State, she was saved several hundred thousand
dollars. These coupons were lon^ since due. They, of course, draw no interest; but the
bonds to which they were attached fixUing due on the second day of May next, they should
be settled. Congress may at some future day provide for their payment; but the holders
look first to the State. We therefore recommend the passage of the Assembly bill, with
several amendments herewith presented.

The Adjutant General of the State was called on for information by
resolution of the Assembly at this same session of the Legislature, and
his roi:)ort can be found in Appendix to Senate and Assembly Journals of
the thirteenth session. He gave an opinion adverse to the payment of
tlie coupons by the State, for the reason that the General Government
had assumed their payment, and for the further reason that the Com-
missioners should have calculated the interest up to the time of presen-
tation, and then made a final settlement with the holders by dividing
the appropriation pro rata. As answer to these objections, it can very
well be replied that whether the Government assumed the debt or not,
it certaiul}" has not paid it; and as to the action of the Commissioners,
it seems clear from what has gone before that they could not do what
General Ivibbe says they ought to have done. But suppose they had
done so, Avould tnere not have still resulted a balance in favor of the
bondholders, for which the State would have been liable? The Legis-
lature, however, rejected the recommendation of their committees, and
the bill to fund the coupons failed to become a law.

In eighteen hundred and sixty-three these claims were again presented
(the Governor, Stanford, including them in his annual message, as,
indeed, he did the following year, as being a part of the State debt), and
were referred to the Senate Committee on Finance. This committee
divided, the Chairman, Mr. Perkins, together with Mr. Doll, presenting
the most elaborate report that had yet been made on the subject, and
Mr. Birdscye and Mr. Gaskill reporting adversely. These reports can
be found in Appendix to Senate and Assembly Journals of the fourteenth
session. Li the report of Senators Birdseye and Gaskill the following
paragraph occurs, which we deem well to quote:

"When these Commissioners arrived in Washington, by the consent and through the
influence of the bondholders, they obtained the passage of an Act of Congress, which
took the matter entirely out of the control of the State, diverted the money from the State
Treasuiy directly to the bondholders, deprived the State of the right to call in her bonds
under sale to the lowest bidders, ignored the State in the premises, set aside her trust, and
destroyed her agency.

*rhe reply to this, as your committee think, can be found in the
extracts which we have made from the messsages of Governors Bigler
and Johnson, and from the reports that have been quoted.

If the decision of the Seca-ctary of AVar in construction of the Act of
eighteen hundred and fifty-four had been acted on, and the money had
been paid directl}^ into the State Treasury, the State would, very likely,
have failed to realize from it the face of her bonds, and for the balance
she would have been liable to the bondholders; so that the congressional
Act of eighteen hundred and fifty-six was directly in her interests. Her
bonds had been regularly issued upon her faith and credit, and she was
in honor bound to i^ay them to the last farthing.

The Commissioners could not have been deemed to act in bad faith or
to the prejudice of the interests of the State, for these same Commis-
sioners were authorized by the Legislature in eighteen hundred and
sixty-one (page 298 of Statutes), to adjust with the General Government
the war debt of eighteen hundred and fiftj^-seven. Indeed, Governor
Johnson, in his annual message, dated January first, eighteen hundred
and titty-seven, speaks as follows:

The Commissioners of the "War Debt * * have discharged their duties with fidelity
to the interests of the people tliey represented, and with most agreeable results in the
adjustment of this indebtedness.

This indorsement, together with the fact that these same Commission-
ers were again detailed for a similar duty, and with the further fact, that
there is nothing in any of the reports that tends to prove that they
acted any otherwise than honestly,' demonstrate satisfactorily to your
committee that they did what they deemed best for the interests of the
State.

Your committee would further state that they have failed to find any
evidence of the Commissioners having colluded with the bondholders, as
is charged in the extract from the report which has been given above.

In this same year (1863) the Treasurer brought the matter of these
unpaid coupons and certificates to the attention of the Governor in his
annual report, and after treating the subject at some length, concludes
by saying that "the State is in honor bound to pay those detached
coupons, and whatever of the bonds that remain unpaid" (see Treasurer's
Eeport i]i Appendix to Senate Journal, fourteenth se^ion).

At the next session of the Legislature (that of 18G3-(J4) the ftroject
was again brought forward to fund this indebtedness, a bill being intro-
duced m the Senate for this purpose, and referred to the Committee on
Claims, a majority of whom made the following report. (Sec Eeport of
committee in Appendix to Senate Journal, fifteenth session). The
minority report can be found in the same j^lace:

Mr. Pkesident: The Comnaittee on Claims, to whom was referred Senate Bill No,
59, "An Act entitled an Act to provide for paying certain demands issued on the faith and
credit of the State, which became due and payable on the second daj' of May, A, D.
eighteen hundred and sixty-two, and to contract a funded debt for that purpose," have had
the same under consideration and ask leave to report:

That they lind there is now outstanding about two hundred and twenty thousand dol-
lars of the old Indian war debt, evidenced by and consisting of war bonds and coupons,
for the ]>ayment of which the faith and credit of the State has been pledged, as will full ,
appear by un Act passed May second, eighteen hundred and ifiy-two, ana other Acts si.i
piemen tal thereto, under which said bonds were issued.

That said bonds, by the terms of said Acts, became due and payable on the secomi
day of May, eighteen hundred and sixty-two, and no provision has been made for the jAv-
ment thereof. Tlie holders of said bonds and coupons have applied to former Legislature-
to provide some way fur the settlement of the aforesaid indebtedness, and vour committee
have carefully exanuned the proceedings of the various committees to whom the matter
has been herctotbre referred, and have been unable to discover any well founded objecticm
to any part of this claim; on the contrary, all the arguments which have been adduced
based upon facts militate strength in favor of the justice thereof.

In eighteen hundred and >ixty-t\vo the suhject was discus«ed by Governor Downey in
his annual mes.sage, in which he j^ays, after summing up the total amount of this indebted-
ness—making it two hundred and eighteen thousand four hundred and .-ixty-eight dollars
and fift\--four cents (5!218,46S 54): "These bonds mature in eighteen hundred'anasixty-two;
the faith of tin; State is pledged to their payment, and if Congress will not assume this
debt, as it properly should, the State should make provisions for its liquidation " — which
part of the Governor's message was referred to a select committee of the Assembly, who,
after a thorough examination of the subject, reported a bill similar to the one which your
committee have considered and recommended its passage. Said special committee con-
sisted of the present Lieutenant Governor of the State, the present Attorney General, and
Messrs. Hillyer, Morrison, and Worthington.

Tlie holders of these, bonds and coupons claim that thej- were entitled to the monej' there-
for when the same became due, but, owing to the embarrassed condition of the finances of
the State, they have been and now are willing to accept bonds of the State therefor, as
provided in the bill referred to your committee.

Your committee is of opinion that the settlement of these claims with the holders cannot
longer be delayed without great injury to tlie credit and a serious violation of the faith of
the State, which has been unconditionally and unqualifiedly pledged for their redemption.

Theretbre they report back the bill and recommend its passage.

This report is signed by John P. Jones, W. E. Lovett, and George S.
Evans — the latter gentleman being an honored Senator of the now sit-
ting Legislature.

A minority report was also submitted, which recommended the pay-
ment of the bonds, but disagreed with the majority report as to the pay-
ment of the coupons.

This rei^ort speaks of "notorious frauds committed in the issue of
these bonds,'' and yet the gentlemen who sigd it recommend the pay-
ment of the bonds, but Avould refuse p8,yment of the coupons.

It seems to your Committee that to be consistent they should have
reported against the bonds, as the}' diS against the coupons. But really,
this question of fraud could only be considered when the bonds Avere in
process of issue, and not after they had been put into circulation and
had passed through many hands. Under such circumstances, a nego-
tiable instrument is conclusivelj' presumed to have passed for a valuable
consideration and to be free from fraud. But if any fraud was ever
perpetrated, your Committee have failed to find evidence of it in the
official reports.

As this minority report speaks of the failure of the congressional
appropriation to pay the detaehe<l coupons, your Committee deem it well
to give the ti'ue history of this matter, as it is given by Adjutant General
Kibbe, who was himself an actor in the scene. The following extract
is taken from his report, attention to which report has already been
directed:

I had the honor of presenting this whole matter to the Committee on Military Affairs of
the United States Senate, while in Washington last j'ear, explaining the same to them; in
which explanation I satisfied the committee that Congress had virtually assumed this por-
tion of the debt (the interest), by Act of August, eighteen hundred and fifty-six, and that
committee reported, as an amendment to the Army Appropriation Bill, the following, viz:

"For the payment of the coupons outstanding and now unpaid accruing between the
first day of .January, eighteen hundred and fifty-four, and the sixteenth day of August,
eighteen hundred and fifty-six, upon the bonds of the State of California, issued for the
payment of expenses incurred in the suppression of Indian hostilities prior to the first day
of January, eighteen hundred and fifty-four, the redemption of which bonds was author-
ized "by Acts of Congress^of August fifth, eighteen hundred and fifty-four, August eigh-
teenth, eighteen hundred and fifty-six, and .June twenty-third, eighteen hundred and sixty,
one hundred and seventy-seven thousand one hundred and ninety-six dollars and twenty-
three one-hundredths; said coupons to be certified by the Third Auditor of the Treasury
to be those designated by this section to be paid by the Secretary of War to the holders
thereof."

But it being asserted by Senators that many of these coupons had been purchased for a
nominal sum, and were mainly held by a banking house in Wash:.ngton, the amendment
did not prevail.

Whether this assertion of Senators was true or not, and your com-
mittee doubt if it was, the fact remains that these detached coupons
successful!}^ withstood the scrutiny of a Congressional Committee, and
were defeated because of statements very probably made at random.
But admitting the statement to have been true, it does not relieve the
State, as your committee think, from her obligation to pay. It would
certainly be a new doctrine to hold that a debtor should be relieved
from his indebtedness because his obligations went begging in the
market. Under such circumstances your committee think that the
debtor should make all the more effort to satisfy the demands of his
creditors.

The bill again failed, and the coupons and certificates were not pre-
sented again until the year eighteen hundred and seventy-one, when
they were laid before the. Board of Examiners, under the provisions of
the Act which provided for their consideration of claims not otherwise
provided for by law. The Board of Examiners recommended that some
competent person be appointed whose business it should be to investi-
gate the whole matter of Indian war bonds and coupons and report to
the Governor within ninety days, the Board to use the report as a basis
of audit. This recommendation, however, was not concurred in by the
Legislature. •

The amount of coupons and certificates laid before the Board is as
follows:

Coupons and certificates, by voucher..
Coupons and certificates, by schedule.

Total

842,706 88
. 34,708 55

$77,415 43

REASONS FOR PAYING THE CLAIMS.

The claimants give the following reasons, among others, for urging
the payment of these claims, and taken in connection with what has
gone before, your committee deem them conclusive:

That the bondholders had good reason to believe when they surren-
dered their bonds that Congress would make an appropriation to pay
the coupons, and not having done so, the State is bound by virtue of her
contract with those who took her bonds.

That the principal not having been paid until September first, eighteen
hundred and fifty-six, the bondholders were clearly entitled to interest
up to that time; instead of that they were only paid up to January
first, eighteen hundred and fifty-four, and this not by virtue of any com-
position on their part, but because of the rigid rule laid down by the
War DeiJartment in its construction of the Acts of Congress of eighteen
hundred and fifty-four and eighteen hundred and fifty-six.

That the bonds of eighteen hundred and fifty-one and eighteen hun-
dred and fifty-two were as valid and as negotiable as any bonds could
be, for they were issued upon the faith and credit of the State.

That there was no fraudulent collusion of the bondholders and Com-

missioners, for the State authorities recognized the conduct of the lat-
ter as having been wise antl honest.

That had tlie bondhohlers not surrendered their bonds the State would
have been bound to pay not only the interest between January, eighteen
hundred and tifty-four, and September, eighteen hundred and tifty-six,
but the whole interest to maturity, which latter was saved, and amounted
to more than three hundred thousand dollars.

That the bondhohlers did not waive nor have they ever waived the
interest between January, eighteen hundred and fifty-ibur, and Septem-
ber, eighteen hundred and tifty-six; nor did they yield up this interest
in the way of satisfaction;, that is. they did not agree to take nor had
they any intention of taking the principal of their debt with interest up
to January first, eighteen hundred and fifty-four, in satisfaction of their
whole debt; that the fact of their coupons having been surrendered to
them proves this beyond the possibility of a doubt.

That the last Legislature paid some of the old issue of the bonds of
eighteen hundred and tifty-tAVO, wnth interest in full, and that this, as a
precedent, should have great weight, from the fact, that by the surren-
der in eighteen hundred and fifty-six, over three hundred thousand
dollars in interest was saved the State; and that it would be gross
injustice to pa}^ those parties in full whose refusal to surrender their
bonds in eighteen hundred and fifty-six cost the State increased interest,
while depriving others of the interest which their i^rincipal indubitably
earned, and by whose course the State was saved a very large amount.

That it is idle to say the bonds Avere fraudulently or improvidently
issued, as such instruments after having been put in circulation cannot
be affected by such considerations; that granting that the coupons have
passed from hand to hand for iiisufficieut consideration (of which there
is no proof j; this is not to be wondered at when the State has so per-
sistently postponed their liquidation; and that if such is the case, it
would not be the only instance in life in which necessity or deferred
hope has caused the owner to part with a thing of value for an insuffi-
cient consideration; but that some of the bondholders have not parted
Avith their coupons, and still retain them.

That the agent ahva3^s binds his j^rincipal when acting within the
scope of his authority; that the Commissioners, acting within the scope
of their authority, returned to the bondholders these detatched coupons
stamped with their stamp, and for others gave certificates of indebted-
ness; that by so doing they acknowledged these instruments as being
an unliquidated and valid demand against the State, and that by such
acknowledgment the State (their principal) is bound.

That the State authorities knew of the course the Commissioners were
pursuing, and could have repudiated their action; instead of that, they
not onh'- assented to it at the time, but applauded the conduct of the
Commissioners afterwards; that this is conclusive of the objection that
the Commissioners did not adhere to the very letter of their instruc-
tions, for it is Avell settled that when the principal assents to or subse-
quently confirms the action of his agent the jjrincipal is bound.

That the Commissioners deviated from the strict letter of theirinstruc-
tions in but two particulars: first, in not paying interest up to the time
of presentation of the bonds; and secondly, in not advertising for bids
for surrender of bonds. That as to the first, they were precluded from
allowing interest up to the time of jjresentation, on account of the ruling
of the War Department; and that as to the second, it would have been a
useless expense to advertise for bids, for as the appropriation was more

than sufficient to paj^ the bonds with interest up to January first,
eighteen hundred and fiftj'-four, every holder would have put in a bid at
par. It follows, therefore, that the agent was forced to deviate some-
what from the letter, in order that he might preserve the spirit of his
instructions, and that he did so vrith the knowledge and consent of his
principal.

That the Governor is bound to see the laws faithfully executed, and if
he saw the Commissioners acting in derogation of the statute defining
their duties he could have repudiated their action or removed them, but
that the Commissioners were not only sustained b}^ the Governor, but
api^lauded bj' him (See Governor Johnson's Message of eighteen hun-
hundred and fifty-seven, above referred to).

That the acts of the Commissioners were not only ratified by the
Governor, but by the Legislature, as will be seen by the statute empow-
ering the Board of War Debt Commissioners to adjust with the General
Government the war indebtedness of eighteen hundred and fifty-seven,
(Statutes of 1861, page 298); that it will be seen on referring to the first
section of this Act that the Legistature acted upon the assumption that
the Board were still in existence, and that it is plain that by laying
upon the Commissioners further duties of the same kind previously per-
formed, with full knowledge of the manner in which the trust was exe-
cuted, that the Legislature thereby ratified the previous action of the
agent of the State in the execution of such trust.

That the bonds and coupons were issued by the State with the express
jn'omise on her part to jyay them if the United States Government did
not, and that the latter having made default the former is bound.

That every Governor who has spoken ofiicially and every committee
to whom the claims have been referred (most of them unanimously, and
only one in one instance evenly dividing) have urged their liquidation.

That the justice and validitj" of these claims have been acknowledged
by the Legislature of this State, as v\'ill be seen by the following concur-
rent resolution (Statutes of 1859, page 381):

Resolved by the Senate, the Assembly concurring, That our S»iators at Washington
be instructed and our Representatives in Congress be requested to urge upon Congress the
Inimediate payment of the Indian war debt due to citizens of this State.

Besolved, That a copy of these resolutions be forwarded by his Excellency, tlie Gover-
nor, to each of our Senators and Eepresentatives, with as littfe delay as possible.

That it follows, as an irresistible conclusion, that to refuse payment of
these claims is to repudiate a portion of the State debt.

AMOUNT OF INDEBTEDNESS OUTSTANDING.

As to the amount of indebtedness outstanding, your committee are
enabled to give exact official information. From an examination of the
Bond Eegister of the bonds of eighteen hundred and fiftj'-one and eigh-
teen hundred and fifty-two, in the office of the Treasurer of State, it
appears that bonds were issued as follows:

Bonds of 1851 §200,000

Bonds of 1852 636,350

By the officially certified lists from the office of the Third Auditor at
Washington, received within the past few Aveeks, it appears that the
General Government has paid the principal of bonds as follows:

Bonds of 1851.
Bonds of 1852.

6197,000
598,450

We are enabled, therefore, to construct the following tables:

Issue of 1851

Paid by General Government of principal

Outstan ding of principal

Issue of 1852

Paid by General Government of principal $598,450

Paid bv State, 1865-66, of principal 20,950

Paid by State, 1867-68, of principal 900

Paid by State, 1869-70, of principal 1,350

Outstanding of principal

^200,000
197,000

83,000

6636,350

621,650

614,700

The following is an exhibit of the bonds that were laid before the
Board of Examiners. We have tabulated them so that they can be
easily understood and readily referred to :

NAME OF CLAIMANT,

WHEN ISSUED.

3 M

E. "W. Morse

E. W. Morse

Samuel Scott

I. Wormscr

I. Wormser

I. Wormscr

M. S. Latham ...
M. S. Latham ...
M. S. Latham ...
M. S. Latham ...
M. S. Latham ...
M. S. Latham ...
M. S. Latham ...
M. S. Latham ...
M. S. Latham ...
M. S. Latham ...
M. S. Latham ...
Jay Cooke & Co.
Jay Cooke & Co,
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke & Co.
Jay Cooke k Co.
Jay Cooke & Co,

Jan. 19th, 18.54

Jan. 19th, 1854

Feb. 3d, 1854

Apr. 15th, 1854

Apr. 17th, 1854

Sep. 20th, 1854

Aug. 26th, 1854

May 1.3th, 18.54

May 13th, 1854

May 1.3th, 1854

Aug. 20th, 1854

Aug. 26th, 1854

Sep. 14th, 1854

May 13th, 1854

Sep. 14th, 1854

July 15th, 1854

July 2l8t, 1854

July 21st, 1854

Oct. 18th, 1854

Mar. 29th, 1854

Mar. 31st, 1854

Apr. 12th, 1854

Apr. 25th, 1854

May 8th, 1854

June 6th, 1854

July 15th, 1854

July 21st, 1854

Aug. 7th, 1854

Aug. 11th, 1851

Aug. 19th, 1854

July 15th, 1854

June 21st, 1856

$100
100
250
100
100
100
100
100
100
100
100
250
250
250
250
500
250
250
250
250
250
250
250
250
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
100
500
100

$57 96
57 96

143 18
56 30
56 30
56 30
53 29 i

53 76i
55 761-
55 76 i

55 76 i-
134 40i
134 40i
134 40i
133 53^
278 82i
133 53i
136 40
136 10
136 10

93 38
136 10
136 10
131 38 .

56 63
56 60
5^60
56 60
56 36
56 36
56 11
56 11
56 11
55 86
55 31

54 55
54 44
54 13
54 05
53 91

272 80
41 02

5315 92
393 18

468 90

3,473 43

Total principal and interest up to May 2d, 1862, when bonds
matured ,

6,059 11

$10,710 54

* Some coupons lost from this bond.

The total principal is thus seen to be six thousand nine hundred and
fifty dolhirs, and the total interest up to May second, eighteen hundred
and sixty-two (the date of the maturity of the bonds), three thousand
seven hundred and sixty dollars and fifty-four cents. We have made a
careful comparison of these bonds with the numbers of those paid at
Washington and by the State, antl are satisfied that none of them have
ever been paid, with the exception of Bond Number Three Hundred and
Forty-seven, issued April fifteenth, eighteen humircd and fifty-four. By
reference to the official list in Appendix, it will be seen that the General
Government has redeemed a bond of that number and denomination.
We do not know of any duplicate having been authorized by statute for
this bond, nor does the register give more than the one number. In
fact, the bond here corresponds exactly with that set out in the bond
register. Both are for the same number and denomination, and both
purport to have been issued to D. B. Kurtz, on the fifteenth of April,
eighteen hundred and fifty-four. The question arises, how did this bond
get here? Setting aside the improbability of any one counterfeiting the
bond and all of its indorsements, including that of Kurtz, and the fact
of its never having been in the oflice of the Third Auditor — for it lacks
the indorsement of the War Debt Commissioners — we are driven to the
supjDosition that the number Three Hundred and Forty-seven in the ofiicial
list is a clerical error. At all events the bond is here, and bears every
evidence of genuineness.

Our examim\tion of Bond Number Four Hundred and Thirty-three for
one hundred dollars disclosed the following singular state of facts: It
appears that two bonds of one hundred dollars each, numbered four
hundred and thirty-two and four hundred and thirty-three, were issued
to A. W. Bee by Act of the Legislature approved May fourteenth, eigh-
teen hundred and sixty-two (page 554 of Statutes), in lieu of Bonds Num-
bers Three Hundred and Forty-four and Three Hundred and Forty-five
that had been issued November twenty-fourth, eighteen hundred and
fifty-four, and that there is no record of any bond for- one hundred dol-
lars numbered Four Hundred and Thirty-three having been issued on
June twentj'-first, eighteen hundred and fifty-six. Of course, this bond
could not be one of those issued to Bee, because his bonds were issued
in eighteen hundred and sixty-two, and were to bear the same date, by
the terms of the statute, as those bonds which he was to surrender, viz:
November twenty-fourth, eighteen hundred and fifty-four. The sus-
picion attached to this bond is not relieved by the fact of its lacking the
seal of the Treasurer, which its fellows exhibit; but as the genuineness
of the bond will have to be passed upon in the process of funding, we
deem it unnecessary to discuss the matter further.

If paj'ment were made of the bonds above tabulated, there w^ould still
be outstanding of the bonds of eighteen hundred and fifty-one, three thou-
sand dollars, being three bonds numbered One Hundred and Seven, One
Hundred and Eight, and One Hundred and Forty-two, and of the bonds
of eighteen hundred and fifty-two, seven thousand seven hundred and
fifty dollars. As one half of these latter (three thousand eight hundred
dollars) belong to the old issue of eighteen hundred and fifty-two, and
were not presented to the War Debt Commissioners, and as but one
thousand three hundred and fifty dollars of these have ever been pre-
sented to the Legislature, and none of them were laid before the Board of
Examiners, it is but fair to presume that nearly half of the bonds of

eighteen hundred and fifty-two, still outstanding, will never be brought
forward for paynient.

Deeming the following table may be of some service, we have taken
the i)ain8 to construct it, premising that the "old issue" of eighteen
hundred and fifty-two, comi^rises those bonds that were issued prior to
January first, eighteen hundred and fifty-four, and the " new issue," the
bonds that were issued after that time:

Old issue of 1852

Paid by Goverjiment of jDrincipal $590,800

Paid by State, 1868-70, of principal 1,350

Outstanding

New issue of 1852

Paid by Government of princij^al $7,650

Paid by State, 1865-66, of principal 20,950

Paid by State, 1867-68, of principal 900

Outstanding

$595,950

592,150

?3,800

$40,400

29,500

$10,900

The amount of the detached coupons is given by the Commissioners at
one hundred and seventy -two thousand eight hundred and twenty-eight
dollars and fifty-four cents, and by Adjutant General Kibbe at one hun-
dred and seventy-seven thousand one hundred and ninety-six dollars
and twenty-three cents. How General Kibbe arrives at these latter
figures he does not tell us, nor do we deem it material to ascertain, even
if we could do so. The Commissioners' figures are adhered to in all of
the official reports; and besides, as many years have elapsed since the
coupons were detached, your committee doubt if more than three fourths
of them could be presented in shape for payment.

The whole indebtedness may be tabulated as follows:

Bonds of 1851, of principal

Bonds of 1852 (new issue), of principal

Bonds of 1852 (old issue), of principal

Detached coupons and certificates of indebtedness

Total

$3,000 00

10,900 00

3,800 00

172,828 54

$190,528 54

This amount will, of course, be somewhat greater when there is added
to it the interest on the bonds to their maturity, but for reasons hereto-
fore given we are convinced that many of the evidences of indebtedness
will never be presented, and that the sum of one hundred and ninety
thousand dollars is considerably more than the State will ever be called
upon to pay.

The Ptedemption Registers in the Treasurer's ofliee we found to be as
incomplete as they are stated to be by the Board of Examiners, but it

will be an easy matter, by means of the official lists above referred to,
to correct and complete them. The -want of that information which
these lists furnish seems to have been the motive that determined tlie
conclusion of the Board of Examiners, it being deemed that this infor-
mation could only be procured on the personal application of an agent
of the State. After this determination, however, some of the claimants
succeeded, after a delay of some months, in obtaining those official lists
of which we have made such good use, and which we beg leave to append
to this report as an appendix.

RECOMMENDATION.

The committee would therefore recommend in conclusion that the
whole indebtedness be funded, the Funding Act to provide for the issue
of bonds of the State to the amount of one hundred and ninety thousand
dollars, with interest at the rate of seven per cent per annum. A tax of
three fourths of a cent on each one hundred dollars will be amply suf-
ficient for the purjiose; indeed, this rate will doubtless pi'ove to be too
high in the course of a few years.

Thus, for an insignificant tax, would the State be finally relieved of an
obligatory indebtedness that has vexed her for years, and her peoi)le
receive yet another illustration of that nice sense of right which is no
less necessar}' to the honor of a commonwealth than it is to that of an
individual.

GEORGE C. PERKINS,

JOHN McMUERY,

WILLIAM MINIS,

HENEY LAEKIN,

STEPHEN WING. j

Senate Committee.

E. B. MOTT, Jr., ^

JACOB WELTY,

W. N. De haven,

EOBEET BELL, '.Assembly Committee.

J. H. COOPEE,

P. B. BACON,

W. A. ALDEICH.

^Pr^ENDIX.

LIST

Of the California twelve per cent War Bonds paid by the United States
under the S^nith and Denver Commission, said Bonds being for the
amount of One Thousand Dollars ($1,000) each, and with interest upon
the Coupons up to the 1st day of January, 1854.

Number and date of Bond. Number and date of Bond. Number and date of Bond

Apr

I 1st

1851.

Apr

il 1st

1851.

Apr

1 1st

1851.

Apr

1 1st

1851.

Ajir

1 1st

1851.

*34

Apr

I'lst

1851.

Apr

1 1st

, 1851.

Apr

il Ist

1851.

Apr

1 1st

1851.

Apr

I 1st

1851.

Apr

1 1st

1851.

Apr

1 1st

1851.

Apr

l1 1st

1851.

*42

Apr

1 1st

1851.

Apr

1 1st

1851.

Apr

il 1st

1851.

Apr

1 1st

1851.

Apr

1 1st

1851.

Apr

1 1st

1851.

Apr

1 1st

1851.

Apr

1 Ist

1851.

Apr

1 Ist

1851.

Apr

1 Ist

1851.

Apr

1 1st

1851.

Apr

1 Ist

1851.

Apr

1 Ist,

1851.

Apr

1 1st

1851.

Apr

I Ist

1851.

Apr

l1 1st

1851.

April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
March 26th, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April Ist, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April 1st, 1851.
April Ist, 1851.
April 1st, 1851.
April Ist, 1851.

*These so noted were paid as duplicates in lieu of the original bonds.

April 1st,

AjJril 1st,

April Ist,

April 1st,

*67

April 1st,

April Ist,

April 1st,

*74

Ajiril 1st,

April 1st,

April Ist,

101

April 9th,

102

April 9th,

103

April 9th,

104

April 9th,

105

April 9th,

106

April 9th,

109

April 9th,

1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.
1851.

LIST OF WAR BONDS — Continued.

Number and date of Bond.

110

April 0th, 1851.

148

May 24th, 1851.

185

July 25th, 1851.

111

April 9th, 1851.

149

May 24th, 1851.

186

July 25th, 1851.

112

( April 9tl>, 1851.

150

May 24th, 1851.

187

July 25th, 1851.

113

April 9th, 1851.

151

June 10th, 1851.

188

July 25th, 1851.

April 9th. 1851.

152

June 10th, 1851.

189

July 25th, 1851.

115

April 9th, 1851.

153

June 10th, 1851.

190

July 25th, 1851.

IIG

April 9th, 1851.

154

June 10th, 1851.

191

July 25th, 1851.

117

April 9th, 1851.

155

June 10th, 1851.

192

July 25th, 1851.

118

April 9th. 1851.

156

June 10th, 1851.

193

July 25th, 1851.

119

April 9th, 1851.

157

June 10th, 1851.

194

July 25th, 1851.

120

April 11th, 1851.

158

June 10th, 1851.

195

July 25th, 1851.

121

April 21st, 1851.

159

June 10th, 1851.

196

July 25th, 1851.

122

April 21st, 1851.

160

June 10th, 1851.

197

July 25th, 1851.

123

April 21st, 1851.

161

June 10th, 1851.

198

July 25th. 1851.

124

April 21st. 1851.

162

June 10th, 1851.

199

July 25th, 1851.

125

April 21st^ 1851.

163

June 10th, 1851.

226

July 2.5th, 1851.

126

April 21st, 1851.

164

June 10th, 1851.

227

July 25th, 1851.

127

April 21st, 1851.

165

June 10th, 1851.

228

July 2.5th, 1851.

128

April 21st, 1851.

166

June 10th, 1851.

229

July 25th. 1851.

129

April 21st, 1851.

167

June 10th, 1851.

230

July 25th, 1851.

130

April 21st, 1851.

168

June 10th, 1851.

231

July 25th. 1851.

131

May 24th, 1851.

169

June 10th, 1851.

232

July 25th, 1851.

132

May 24th, 1851.

170

June 10th, 1851.

233

July 25th, 1851.

133

May 24th, 1851.

171

June 10th, 1851.

234

July 25th, 1851.

13-1

May 24th, 1851.

172

June 10th, 1851.

235

July 25th, 1851.

135

May 24th, 1851.

173

June 10th, 1851.

236

July 25th, 1851.

136

May 24th; 1851.

174

June 10th'. 1851.

237

July 25th, 1851.

137

May 24th, 1851.

175

June 10th, 1851.

238

July 25th, 1851.

138

May 24th, 1851.

176

July 25th, 1851.

239

July 25th, 1851.

139

May 24th, 1851.

177

July 25th, 1851.

240

July 2.5th, 1851.

140

May 24th, 1851.

178

July 2.5th, 1851.

241

July 25th, 1851.

May 24th. 1851.

179

July 25th, 1851.

242

July 25th, 1851.

143

May 24th, 1851.

180

July 25th, 1851.

243

July 25th, 1851.

144

^lay 24th, 1851.

181

JulV 25th, 1851.

244

July 25th, 1851.

145

May 24th, 1851. 1

182 1

July 25th, 1851.

245

July 25th, 1851.

146

May 24th, 1851.

183

July 25th, 1851. '

268

April 8th, 1852.

147

May 24th, 1851.

184

July 25th, 1851.

Third Auditor's Office, December 21st, 1871.

A true list: VANDOEEN, Clerk.

List of Seven per Cent California War Bonds paid by the

United States.

Fi)-st — Bonds with interest upon the coupons up to the first of January-,
eighteen hundred and fifty-four:

One thousand dollar Bonds Numbers One to Three Hundred and
Forty-one, inclusive.

Five hundred dollar Bonds Numbers One to Ninety, inclusive.

Five hundred dollar Bonds Numbers Ninety-two to One Hundred and
Eighty-five, inclusive.

Five hundred dollar Bonds Numbers One Hundred and Eighty-seven
to Three Hundred and Six, inclusive.

Five hundred dollar Bonds Numbers Three Hundred and Eight to
Three Hundred and Ninety-nine, inclusive.

Two hundred and fifty dollar Bonds Numbers One to Sixty-eight,
inclusive.

Two hundred and fifty dollar Bonds Numbers Seventy to One Hun-
dred and Five, inclusive.

One hundred dollar Bonds Numbers One to One Hundred and Four-
teen, inclusive.

One hundred dollar Bonds Numbers One Hundred and Sixteen to
One Hundred and Thirtj'-one, inclusive.

One hundred dollar Bonds Numbers One Hundred»and Sixty-four to
Tavo Hundred and Eighteen, inclusive.

One hundred dollar Bonds Numbers Two Hundred and Twenty to
Two Hundred and Sixty-seven, inclusive.

One hundred dollar Bonds Numbers Two Hundred and Seventy-two
to Two Hundred and Ninety-six, inclusive.

Second — Bonds bearing date subsequent to the first of January, eigh-
teen hundred and fiftj^-four, with coupons paid to the first of July, eigh-
teen hundred and sixty:

Five hundred dollar Bonds Numbers Four Hundred and Three, Four
Hundred and Nine, Four Hundred and Ten, Four Hundred and Eleven,
and Four Hundred and Thirteen.

Two hundred and fifty dollar Bonds Numbers One Hundred and
Eight, One Hundred and Nine, One Hundred and Ten, One Hundred
and Twenty-one, and one Hundred and Twenty-two.

Two hundred and fifty dollar Bonds Numbers One Hundred and
Twenty-three, One Hundred and Twenty-four, One Hundred and
Twenty-five, One Hundred and Twenty-six, One Hundred and Forty,
and One Hundred and Forty-nine.

One hundred dollar Bonds Numbers Three Hundred and Two, Three
Hundred and Twenty-four, Three Hundred and Twenty-five, Three

Hundred and Twenty-six, Three Hundred and Thirtj'-four, Three Hun-
dred and Thirty-five, Tliree Hundred and Thirty-six, Tiiree Hundred
and Thirty-seven, Three Hundred and Thirty-eight, Three Hundred and
Thirt3'-nine, Three Hundred and Forty-two, Three Hundred and Forty-
three, Three Hundred and Forty-four, Three Hundred and Forty-five,
Three Hundred and Forty-six, Three Hundred and Forty-seven, Three
Hundred and Fifty, Three Hundred and Fifty-seven, Three Hundred
and Fifty-eight, Three Hundred and Fifty-nine, Three Hundred and
Sixty-six, Tliree Hundred and Seventy, Three Hundred and Seventy-
five, and Three Hundred and Seventy-six.
A true list.

WM. THEO. VANDOREN, Clerk.

Third Auditor's Office, January 10th, 1872.

R E F O R T

Joint Committee on State Prison

REOOMMEXDIXG CERTAIN PERSONS IN THE PRISON TO

Executive Clempjncy.

T. A. SPRINGER STATE PRINTER.

REPORT.

AYiiEREAS, The Board of State Prison Directorf^, by their officers,
have reported to the Legislature the names of the following- persons
confined in the State Prison as being, in their judgment, entitled to be
set at liberty; said report having been made in accordance with the
provisions of an Act approved March ninth, eighteen hundred and sixty-
eight; now therefore,

Resolved, by the Assembly, the Senate concurring, That the Governor
be requested and recommended to pardon the said following named
prisoners:

Name.

County.

Year.

Crime.

Term.

3717 — James Tivis

4657 — George O'Connar

4695 — .John Benson

4904— Sol. W. Soneclecker....
4708 — George Thompson

4050— Francis Callahan

4936— Michael Frcnder

4233— Robert Francis

4759— Thomas Haley

4785 — William Pierce

4954— Wesley Hess

3973 — Charles Jones

4557 — James Taylor

4046— Peter Quigley

3942— W. H. Wanen

4990— Norman J. Thompson

3613— H. C. T. Pvotger

4704— Kate Murphy

4421— Charles Haley

3555 — Frank kSteinman

3884— Eli Hanna

4551 — John Hauser

4870 — Thomas Corcoran

4564 — George Lowrj'

3762— A. E. Manning (2)

4401— Thomas K. Hays

4337— Alex. P. Manor

Colusa

San Francisco.

Calaveras

San Mateo

Yuba

Klamath

Amador

Plumas

San Francisco.

Sacramento

Santa Clara

Butte

San Francisco.

Sacramento

Sacrainento

Humboldt

Mariposa

Sonoma

San Francisco.

Placer

Nevada

Santa Clara

Sacramento

San Diego

San Francisco.

Tehama

Yoio

1868..
1870..
1870..
1871..
1871..

1869

1871..

1869

1871..

1867,

1870..

1869..

1868..

1871..

1867..

1871..

1870..

1867..

1868..

1870..

1871..

1870..

1868..

1870..

1870,

Murder

Manslaughter

Assault to rape

Manslaughter

Burglary and arson, sec-
ond degree

Assault to murder

Murder second degree....
Murder second degree.....

Robbery ,

Burglary

Grand larceny

Robbery

Murder second degree

Assault — deadly weapon.

Murder second degree

Arson

Burglary

Murder second degree

Arson second degree

Robbery

Attempt to mayhem

Manslaughter ."

Burglary

30 years.
10 years.
..2 years.
10 years.

..3 years.
..7 years.
15 years.
15 years.
15 years.
10 years.
..3 years.
..8 years.
10 years.
13 years.
20 years.
..1 year.
10 years.
..5 years.
..7 years.
25 years.
25 years.
25 years.
..2 years.
..5 years.
13 years.
..6 years.
..5 years.

Name.

4399— John M. May

3565 — Augustus Tomeo

4540 — John Shaw

3881— Walter C. Rhuefell

4538— F. W. Voll

2574—1. W. Drisdom

2608 — Louis Antonio

2683— D. C. Parks

2374 — Charles Denman ,

2753— Thomas Eckholm...,

1401— Peter Metz

2654 — Ramon Alvitre ,

2655 — Lucio Alvitre

2492 — Ramon Romero

2817— Ah Shin ,

3164— Thomas Boswell

3340— Milton S. Price

2671 — Polimnio (Indian)....

2858— J, F. Shuler

2897 — Ramon Culihuita...,

2816— F. C. Coffman

2114— Frank Smith

.3670— Ah Sam

4804— C. W. Smith

.3439 — Jose Gonzales

3325 — John .Jackson

2918 — Lewis Mahony

2411 — Andrew Galindo

3022— John McDonald

4921— William Hoffman....

4282— .John Daley

4392— Henry Doty ,

County.

Year.

Yolo

1870.

1867.

Santa Cruz

San Bernardino
San Francisco ..

1870.
1868.
1870.
1863.

Calaveras

Sacramento

El Dorado

Sacramento

Los Angeles

Sacramento

San Francisco ..
Tehama

1863.
1864.
1862.
1864.
1858.
1863..
1863..
1862..
1864..
1865..

Nevada

1866..

Calaveras

Butte

1864..
1864..

Santa Barbara..

El Dorado

Yuba

1864..
1864..
1861..

Alameda

1867..

Mariposa

1871..

Colusa

1867..

San Joaquin

San Francisco..

Tuolumne

Nevada

Alameda

1866..
1865..
1862..
1865..
1871..

San Francisco ..
Yolo

1869..
1870..

Crime.

Kidnapping

Assault to rape

Assault to murder

Grand larceny

Manslaughter

Murder second degree....

Grand larceny

Arson first degree

Murder second degree....
Murder second degree....

Grand larceny

Murder second degree....
Murder second degree....
Murder second degree....

Robbery

Murder second degree....

Robbery

Murder second degree

Murder second degree....

Burglary

Assault to murder ,

Manslaughter ,

Grand larceny

Grand larceny ^.

Murder second degree....

Arson

Burglary and grand lar

ceny

Robbery

Grand larceny

Term.

..4 years.
10 years.
..4 years.
..5 years.
..8 years.
15 years.
10 years.
10 years.
15 years.

Life.

12 years.
12 years.
12 years.
20 years.
Life.

12 years.

Life.

10 years.

13 years.
Life.

14 years.
10 years.
..6 years.
..8 years.
10 yearsl
10 years.
20 years.
10 years.

..5 years.
..3 years.
..3 years.

REPORT OF COMMITTEE

Public Grounds and Buildings

INSTITOTION FOR THE DEAF, DUMB, AND BLIND.

T. A. SPRINGER STATE PRINTER.

REPORT.

Mr. Speaker:

The Committee on Public Buildings and Grounds, who were directed
to investigate the aflfairs of the Institution for the Deaf and Dumb and
Blind in Alameda County, beg leave to make the following report:

The committee met in the City of Oakland, February twenty-third,
eighteen hundred and seventy-two, for the purpose of investigating the
atfairs of the Institution, and called before them J. Mora Morse, Esq.,
President of the Board of Directors; Colonel J. C. Hays, also a member
of the Board; and Warring Wilkinson, Principal of the Institution;
Colonel Harrj" Linden, the Treasurer of the Board, who produced the
books of his office, with the accompanying vouchers; and M. J. Finne-
gan, who had been emijloyed to do painting for the Institution.

The committee visited the grounds and buildings, which are located
about five miles north of Oakland. They found the affairs of the Insti-
tution in the most perfect order, and the books and accounts of the Prin-
cipal correct and well kept. The building is large and well adapted for
the purposes for which it was intended, the interior arrangements being
such as to accommodate to the best advantage the pupils, as well as the
employes.

The building is of blue stone taken from a quarry in the immediate
vicinity, and seems to be of a substantial character, and complete in its
various appointments. The design, as well as the jjlans and specifica-
tions, were furnished by Messrs. Wright ct Saunders, the well known
achitects, under whose immediate supervision the work was done.

The contract for the stone Avork of the building was awarded to
Joseph vS. Emery, for the sum of sixty thousand dollars, and was to
have been built of common rubble stone. This was afterwards changed,
for reasons that seemed good to the Commissioners, who had the work
in charge, to the blue stone of which the building is constructed.

The carpenter work, painting, plumbing, and in fact all other por-
tions of the building, was done by John J. McCredy, under contract
amounting to sixty thousand and eight hundred dollars.

So far as your committee are able to judge the contractors carried
out and performed their agreement with the Board of Commissioners,
although from a variety of causes, such as changes made b}'' the archi-
tects under the direction of the Building Committee, as well as the
damage done to the building by the severe earthquake three years ago

when the building was nearly comjjleted, they (the contractors)
suffered great loss" thereby, and are entitled to such relief as may be
found equitable and just upon proper investigation. The lands upon
which the institution is located consist of one hundred and thirty acres
(130), fifty acres of which is under cultivation and produces a large pro-
portion of the vegetables consumed by the inmates of the institution;
the balance of the tract of land is used as a pasture for the stock belong-
ing to the institution. The whole tract is inclosed by a good and sub-
stantial fence.

An orchard has been planted and a large number of forest trees have
been set out, so that in a few years what is now almost a naked plain
will be covered with a growth of timber that will add materially to the
beauty as well as to the value of the property.

The report of the Commissioners who had the purchase of the land
and the erection of the buildings in charge, shows the entire cost of the
whole property to have been one hundred and fifty-eight thousand and
ninety-eight dollars and thirty cents, or one hundred and twenty-four
thousand dollars over and above the amount received for the old build-
ings and grounds in San Francisco where the institution was formerl}^
located.

The Legislature of eighteen hundred and sixty-nine and seventy made
a s^Decial appropriation of twenty-nine thousand five hundred dollars for
the following purposes, to wit: to pay M. Heverin, for mantels; twelve
hundred dollars; J. E. Pryor, for heating apparatus, four thousand dol-
lars; McNally & Hawkins, for water pipes, etc., twelve hundred dollars;
for gas Avorks, one thousand dollars; stable and outbuildings, sixteen
hundred dollars; for fencing, three thousand dollars; furniture, five
thousand dollars; and to the Bank of British North America, money
borrowed to rej)air damages done by earthquake, nine thousand dollars.
These amounts were for labor and materials furnished outside of the
contracts with Emery and McCredy. By adding this sum of twenty-nine
thousand five hundred dollars to the amount reported by the Building
Commissioners, we found the entire cost of the grounds, institution,
and outhouses, to be one hundred and eighty-seven thousand and
ninety-eight dollars and thirty cents.

There are no claims against the property other than those made by
Emery and McCredy, for losses sustained in the construction of the
building; and should these claims be allowed for the full amounts, the
cost of the gi'ounds and buildings would still be much less than the
value placed upon them by the Commissioners who had charge of and
completed the work.

The appropriation of two years ago, of twenty-five hundred dollars
per month, we are informed will not be sufficient for the support of the
institution in the future, for the reason that the number of pupils has
been considerably increased; and we are informed that for the ensuing
two years the sum of two thousand or three thousand dollars per month
will be required to properly carry out the objects of the institution.

The committee have examined tl>e books of the Treasurer, and find
that the following amounts have been received by him: From the State
of California, including the special appropriation of twenty-nine thou-
sand five hundred dollars, ninety-nine thousand eight hundred and
seventy-four dollars and sevent^'-eight cents; from the Principal of the
institution, the sum of three thousand eight hundred and thirty-six dol-
lars and five cents; making a total of one hundred and three thousand
seven hundred and eleven dollars and three cents. And from the books

and voucliers exliibited b}' the TrcaHurcr, it is shown that the (lisl)Ur8c-
ments have amounted to one liundred and throe thousajid three hundred
and sixty tour dolhirsand ninety seven eents, leaving a l»alance on hand,
January twenty-ninth, eigliteen hundred and seventy-two, of three hun-
dred and forty-six dollars and six cents, to the credit of the institution.

The committee would further report, that the Board of Directors
adoi)tetl plans for the improvement of the grounds immediately adjoining
the buildings, prepared by John D. Hoffmann, a civil engineer. These
plans as yet have not been fully carried out, but during the past year
work to the amount of two thousand and forty-eight dollars and eighty
cents has been done in making roads and terraces in front of the build-
ing. This last amount, as well as a sutficient amount to complete the
plans, has been provided for by the present Ivegislature.

In addition to the main building there has been erected on the grounds
of the institution a large and commodious workshop, in which such
pupils as arc capable are taught shoemaking and cabinet work. This
not only teaches them a useful trade by which they can earn a living
after leaving the institution, but is at the same time a source of con-
siderable revenue to the State.

There is in contemplation the introduction of other branches of
industry, which will further advance the interests of the pujjils and con-
tribute to the support of the institution.

The laundry lately constructed is complete in all particulars, as well
as a great convenience and an improvement much needed. The same
can be said of the barn and other outbuildings. All of these improve-
ments are of a substantial character and tend to make the institution for
the deaf, dumb, and blind one of the most complete institutions of the
State of California.

The inmates of the institution now number one hundred and three, an
increase of seven the past fiscal j'car, that being the cause of the neces-
sity of increased appropriations to defray its future expenses.

E. H. PAEDEE, Chairman.

MAJORITY AND MINORITY REPORTS

COMMITTEE ON ELECTIONS,

IN THE CASE OF

FLINT V. BECK.

T. A. SPRINGER STATE PRINTER.

KE P O H T

Mr. President:

Your " Committee on Elections," to whom Avas referred the " Con-
tested Election Case " in which Thomas Flint contests the right of
Thomas Beck, sitting member, to a seat on this floor as Senator from
the Sixth Senatorial District, composed of the Counties of Monterey and
Santa Cruz, beg leave to submit the following report:

Your committee met first on the fifteenth of December, which was as
soon as practicable after the papers relating to said case had been placed
in their hands.

At this meeting both contestant and respondent were present, the con-
testant by attorney and the respondent in j)erson. It was thei'e mutu-
ally agreed that the consideration of the case should be postponed till
January eighth, when it should be taken up and prosecuted to a conclu-
sion as speedily as possible.

When the committee met again on the eighth of January, pursuant to
adjournment, both contestant and respondent appeared before them, the
contestant, as before, by attorne}', and the respondent in person. Con-
testant then filed an atfidavit, setting forth that divers persons therein
named were material witnesses for him in the contest, and asked for
further time in which to take their depositions, as they were residents
ot^ Monterey and Santa Cruz Counties, and could not be brought before
the committee to testify except at great exjDense.

The respondent, on the contrary, was ready, and insisted on proceeding
at once to trial.

After some time spent in conference, however, it was mutually agreed
between contestant and respondent that contestant should have twenty
days more, or to the twenty-ninth day of January, in which to take
testimon}', and that the trial should then proceed without further delay.

This statement of facts will sufiice to explain the apparent dela}* of the
committee in making their report.

The contestant in his statement sets forth five (5) distinct grounds of
contejjt, as follows. He alleges:

First — Misconduct on the part of the Board of Election of Salinas Pre-
cinct, in Monterey County, in holding the election at a place different
from the one appointed by the Board of Supervisors.

Second — Misconduct on the part of the same Board, in permitting
bystanders to pick up tickets out of the ballot box before the same had
been called ofi" and tallied by the officers of the election.

Third — Misconduct on the part of the Inspector of Election in Nativi-
dad Precinct, who, it is charged, took the poll list, tall}^ lists, and ballots,
after the votes had been counted and the returns made up, to his own
house, and there took from the ballots five tickets, and substituted other
five tickets for them, and changed the tally list to correspond.

Fourth — Misconduct on the part of the Board of Enrollment in Peach
Tree, Tres Pinos, San Benito, Ilollistcr, San Juan, San Lorenzo, Soledad,
Natividad, Santa Eita, Salinas, Castroville, and Pajaro Precincts, in Mon-
terey County, in placing the names of persons on the ])oll lists of said
precincts who were not registered on the " Great Register " of the county.

Fifth — That illegal votes were cast for Thomas Beck, to the number
of sixty in the aggregate, in the several precincts in Monterey County,
and to the number of twenty-five in the several precincts in Santa Cruz
County.

To support these several allegations the depositions of a great num-
ber of witnesses were taken, swelling the testimony to a great volume.
To read and analyze this mass of incongruous and conflicting statements
has required no inconsiderable time and labor. It will not be expected
that the committee will do more than present, with as much brevity as
is consistent with perspicuity, the conclusions to which they have' come.

The testimony adduced leaves no room to doubt that the election in
Salinas Precinct was held at a place about five hundred feet distant from
the one appointed by the Board of Supervisors. It is also conceded
that it is the doctrine of our Court that "time and place are of the sub-
stance of every election." (Dickey vs. Hurlburt, 5 Cal. 343). However,
in Knowles vs. Gates (31 Cal. 82), in which the vote of four precincts
was thrown out because the polls were held at places diff'erent from
those designated by the Board of Supervisors, the following language
occurs:

" "VVe do not say officers of election would not have authority to hold
the election at any other house than the one designated by the Super-
visors, in case of necessity, provided the same be held in the immediate
vicinity of the place designated; but in case of a. deviation from the
order of the Board of Supervisors a reason and necessity therefor should
be shown to exist."

The testimony in the present case shows that "Sherwood's Land
Office," the place designated by the Sujoervisors for holding the election
in Salinas Precinct, was on a side street, at one end of the town, and
immediately adjoining a house of prostitution, while the American or
Blocke Hotel, the place where the election was held, was near the centre
of the town, more commodious, a more general resort of the people, and
so near to the place appointed by the Supervisors for holding the elec-
tion that no voter could be deprived of voting by the change of place.
The election was " held in the immediate vicinity of the place desig-
nated," while the testimony with regard to the character of the neigh-
borhood in which it was designated that the polls should be held showed
a " reason and necessity " for their removal to some other point.

Your committee is of the opinion that the change of the place of
voting from the one designated by the Supervisors, in this instance was
not such an irregularity as should vitiate the vote and cause it to be
thrown out. But even if we should hold so strictly to the doctrine that
"place is of the substance of every election" as to condemn this elec-
tion as illegal, we would still be iiuable to correct the aggregate vote of

the county by the rejection of the vote of this pveeinct, for the reason
that there is no testimony to show eitlier what the total vote of the pre-
cinct was, or what part of said vote was cast for contestant, or what for
respondent. There is no testimony Avhatever adduced to show how
the rejection of the vote of said tSalinas Precinct wouhl atiect either
of the parties to this contest — whether it Avouhl give to the contestant a
majority in the district, or phice him in a still greater minority than he
now is.

The second ground of contest stated, to wdt: Misconduct on the part
of the Board of Election in the said Salinas Precinct, in permitting
bystanders to pick up and take from the ballot box tickets before the
same had been called off and tallied by the officers of the election, is
not, in the judgment of your committee, sustained by the testimony.
It is, therefore, qnite unnecessary to attempt to determine what
would have been the proper legal effect of such misconduct on the vote
of the precinct had it been proven to have occurred. It would seem,
however, that if the tampering with votes as charged should have any
effect whatever, it must be to so vitiate the whole vote of the precinct
as to make its entire rejection a necessity. But in this case we would
be unable to do this, as the testimony docs not, as already stated, dis-
close what the vote of the precinct was.

The third ground of contest stated is alleged misconduct on the part
of the Inspector of Election in Natividad Precinct. The specific mis-
conduct charged under this head was this: That Michael Eiordan,
Inspector of Election in this precinct, took the returns home with him
before the same were sealed up, and there took from the ballots five
tickets, and substituted other five tickets for those he had taken, and
changed the tally lists to correspond. The attempt to sustain this
charge was an entire failure. The testimonj' adduced for this purpose
failed to convict Mr. Eiordan of any misconduct whatever, or to show
that any change took place in the ballots or tally lists while they were
in his possession. On the contrarj', the testimony does show that they
were in exactly the same condition when opened by the Board of Super-
visors for the purpose of canvassing them, as they were when the elec-
tion officers signed them on the evening of the election.

It appears that the officers of the election made a mistake in footing
up the tallies for County Clerk. Their count gave to Johnson, the
Democratic candidate, five votes less than he was entitled to; and the
returns, as sent to the Board of Supervisors, contained this error. This
error was discovered by Mr. Riordan, in inspecting a private tally kept
by a Mr. Hughes, after the official returns had been sent to Monterey.
The Board of Supervisors being notified that such a mistake had been
made in footing the tallies for Clerk in this i^recinct, made an examina-
tion, and found the matter as represented. No error, however, was
found in the tallies for Senator.

The fourth ground of contest stated is alleged misconduct on the part
of the Boards of Enrollment in twelve several precincts in Monterey
County, in this: that the Boards of Enrollment in said precincts enrolled
persons on the precinct poll lists whose naines were not on the Great
Register of the county.

The inspection of the voting lists of these several precincts, as
returned l.^y the Board of Supervisors and preserved in the office of the
County Clerk, and of the Great Register of the county, discloses these
facts, to wit: That in Ilollister Precinct thirteen persons voted whose
names were not on the Great Register; in Tres Pinos, four; in San Juan,

one; in Pajaro, three; in Castrovillo, one; in Santa Eita, two; in Soledad,
one; in Salinas, five; in San Lorenzo, one; in Peach Tree, ten. Total,
thirty-three.

It is undoubtedly true that the Eegistry Act contemplates that no
person shall be enrolled on the precinct poll list till alter his name has
been placed on the Great Eegister. The mere fact, therefore, of persons
being enrolled whose names are not on the Great Eegister, raises the
presumi^tion of misconduct on the part of the precinct enrolling officers;
but this fact should not be conclusive of such misconduct. It is possible
the discrepanc}', when one exists, between the j)recinct poll lists and the
Great Eegister, may be due to the negligence of the officer charged
Avith.the duty of placing names on the Great Eegister, or his deputies,
or to accidents or inadvertencies over which they have no control. The
testimony adduced in this case does not by an}^ means make it clear that
the placing of a great number of names on the poll lists of the several
precincts named, which were not on the Great Eegister,' was due in
many instances, or perhaps even in a majority of instances, to miscon-
duct on the part of the enrolling officers. The testimony of W. M. E.
Parker, County Clerk of Monterey County, disclosed the fact that he
had, just prior to the late general election, fourteen jjersons deputized
in the several precincts of the county for the purpose of register-
ing or enrolling voters; and that W. Y. McGarvey, Assessor of the
County, had seven. One of the deputies appointed by the County
Clerk to register voters was PI. M. Hayes, at present member of Assembly
from Monterey County. His deposition was taken before the Commis-
sioner to take testimony in this contest. From his testimony we are able
to get some idea of how the business of registration was done by the
Deputy Clerks and Deputy Assessors who were charged with this duty;
and from it we will be able to form some idea also of the extent to which
precinct enrolling officers should be held responsible for the discrepancies
which exist between their rolls and the Great Eegister of the county.
The following are some of the questions and answers on Mr. Hayes'
cross examination:

•

Question 9. — How many of the names you have mentioned in your
examination in chief did you place or enroll on the Great Eegister of the
county by virtue of your appointment?

Answer. — I enrolled five of them.

Q. 10. — Did you not after enrolling their names issue a certificate, as
Deputy County Clerk, to be presented before the Board of Eegistration
or Election to the effect that they were so enrolled or registered?

A. — I did in the case of two or three, I think. I am not positive in
regard to those particular five. The Board of Eegistration of Hollister
Precinct decided that when I enrolled a name, and they were notified of
the fact, the person so enrolled was entitled to go on the poll list of that
precinct.

Q. 11. — How many had you eni'olled before the Board of Eegistration
had so decided?

A. — I cannot tell the number or who they were, as regards your
question.

Q. 12. — Did you not receive the transfer of William Breck, and file it
as Deputy County Clerk, on the fifth day of September, eighteen hundred
and seventy-one?

A. — I do not remember the name. I may have received it.

Q. 13. — Pifl yon not receive and file transfers from other counties of
voters, and file them as Deputy County Clerk?

A. — 1 did in one or two eases; perhaps three. I did in a few instances.

Q. 14. — Did you not in more instances than that?

A. — 1 may probably have done it in more instances. I do not know
positively and certain in how many.

Q. 15. — Did you not register as such Deputy County Clerk the name
of William AVeathers prior to said election?

A. — I did. 1 think it was the morning of the election; it might have
been the day before.

Q. 27. — Did you or did you not register the name of Detliff Jansen
as such Deputy County Clerk before the day of election, and certify the
same to the Board of liegistration?

A. — I registered Mr. Jansen, I think, several days before election;
don't think I certified the same to the Board of Election or Eegistration.

Re-cUrect examination.

Q. 1. — State whether either of the parties that you enrolled, as you
have herein stated, at the time of their said enrollment deposited with
you any affidavit?

A. — I think they did, some parties that I know.

Q. 2. — State whether Mr. William Weathers, Detliff Jansen, and John
Wesley (Ireevill made affidavit before you showing why they were enti-
tled to be placed on the Great Eegister of the County of Monterey?

A. — I think that Greevill and Weathers did; Jansen I am not j^ositive
of. Jansen jjroduced his naturalization papers, and I did not require
anything further from him.

Q. 3. — What did you do with the affidavits that you received in the dis-
charge of your duty as Deputy County Clerk?

A. — 1 am not positive whether I sent them to the County Clerk or
gave them to the Board of Eegistration.

It will be observed here that Mr. Hayes testifies directly and explicitly
to having registered William Weathers, Detliif Jansen, and John Wesley
Greevill before the general election held on the sixth day of September;
yet William Weathers and John Wesley Greevill appear on the Great
Register as registered on the third of October, while the name of Detliff
Jansen does not appear on the Great Register at all. Mr. Hayes regis-
tered William A. Moody and James Hudner, also, before the general
election, but their names appear on the Great Register as registered on
the third of October.

The testimony of Mr. Hayes discloses another fact also; it shows that
he was in the habit of certifying upon registering a j^erson to the elec-
tion officers of the precinct that said person was entitled to be enrolled
on the predinct poll list. His testimonj^ leaves no room to doubt that
such was the practice in Hollister Precinct; at least the testimony of
Mr. Parker, the County Clerk, in relation to the practice of his deputies
and the Deputy Assessor, shows that the registration of persons — that
is, the aflidavils to name, age, citizenship, etc. — were in many instances
deposited with the Board of Election, and by them forwarded to the
county seat inclosed in the election returns. Thus did he explain how
it was that persons who had been registered by his deputies before the
sixth of September appeared on the Great Register as registered on the
third of October.

It is not a violent presumption to suppose that the practice of each of
the tAventy-one Deputy Clerks and Assessors avus similar in this respect
to what Mr. Hayes' testimony shows his to have been, and if so, it is not
so much a matter of surprise that there should appear on the list of
voters thirty-three persons who are not on the Great Ecgister as that
double or treble that uumber does not ai3pear in that category.

The testimony of Mr. Hayes shows at least that something more than
the mere fact of names being on the poll lists which are not on the
Great Ecgister is required to convict the officers of precinct enrollment
of misconduct.

Whatever presumption of misconduct or fraud on the. part of precinct
enrolling officers is raised by the circumstances of names being on the
poll lists which are not on the Great liegister is rebutted by the
evidence of Mr. Htiyes, a registering officer, showing that names which
ought to have been on the Great Eegister were not there,. But even
were the alleged misconduct of election officers in this respect fully
sustained by proof, it would be impossible to apply any remedy, except
to declare the election void and order a new one, for it is nowhere
shown what the vote of these precincts was where it is claimed the
alleged misconduct existed.

The fifth and last ground of contest stated is alleged illegal votes cast
for Mr. Beck in several precincts in Monterey and Santa Ci-uz Counties,
to wit: sixty illegal voters in Monterey County, and twenty-five in Santa
Cruz Coant3^

The testimon}'^ adduced to sustain this allegation is very voluminous,
and is directed to three points, to wit:

Plj'gt — To show that persons voted for Mr. Beck whose names were
not on the Great Ecgister.

Second — To show that persons who voted and whose names Avere not
on the Great Ecgister were reputed to be Democrats or to act with the
Democratic party.

Third — To sho"\v tliat persons who voted for Mr. Bock, though on the
Great Eegister, were illegal voters, on account of their lack of the neces-
sary constitutional qualifications. The testimoi\)^ seen^^ to establish that
the following persons, whose names do not appear on the Great Eegister,
voted for Mr. Beck, to wit: In Monterey County, in Tres Pinos Pre-
cinct, Alonzo Heller and Jeremiah Hilleher; in HoUister Precinct,
Charles Anderson and A. J. Eader; Santa Eita Precinct, Henry Eiley;
in Peach Tree Precinct, C. A. Imus; and in Santa Cruz County, Pajaro
Precinct, VV. H. Morris. Total, seven. It is in evidence that A. J.
Eader had been registered in the Great Eegister of Monterey County, but
that his name Avas cancelled on the twenty-sixth day of June, eighteen
hundred and seventj^-one. Said Eader stated in his deposition that he
had not ordered the cancellation of his name, nor authorized any other
person to do it for him. \V. H. Morris makes affidavit that he Avas
registered in Santa Cruz County on the fourth day of Anigus't, eighteen
hundred and seventy one, by A. J. Jennings, a Deput.y Assessor, Avho
was then enrolling and registei'ing names on the Great Eegister; that he
was duly sworn by said Jennings as to his place of birth, age, occupa-
tion, and that he Avas not registered in any other county in this State;
that said Jennings reduced the same to Avriting; and that said Jennings
being Inspector of Election in Pajaro Precinct did then place his name
on the poll list of the precinct. This affidavit of Morris is accompanied
by a certificate of A. J. Jennings, Deputy Assessor, in Avhich he certifies
that he enrolled the name of William H. Morris for the Great Eegister of

Santa Cruz County, on the fourth day of August, A. D. eighteen hundred
anil seventy-one. The testimony that Jeremiah llillcher voted for Beek
is not direet; but one Edmund Buek testified that he heard Ililleher tell
Colonel Heath, eounsel for eontestant, that he, Ililleher, voted lor Beek.
If the votes of Eader, Morris, and Ililleher be detlueted fi'om those whieh
are given above as having voted for Beek without being on the Great
Register, and they probably should be, the number of those so voting
will be reduced to four. The evidence adduced showed that all those
four, except Henry Eiley, had all the constitutional qualiticatioris of
voters; but left it in doubt whether their failure to get on the Great
Eegister was due to their own negligence or to the negligence of the
officers who were charged with the duty of registering all persons
entitled to registration. "With reference to the second point attempted
to be proven, we will state that the testimony abundantly established
the fact that a considerable number of persons who voted without being
on the Great Register were reported to be Democrats. Exactly what
number falls into this catagory we are unable to state, as the testimony
M'ith regard to the reputed political character of some persons was moref
or less contradictory and uncertain. Nor have we deemed it necessary
to ascertain or determine just what the reputed political status of per-
sons who voted without being qualified by previous registration on the
Great Eegister was, for the reason that Ave have supjjosed the inquirj" to
be one not material in deciding this contest. The law with respect to
the rejection of an illegal vote we understand to be this, to wit:

" To reject an illegal vote it must appear for whom it was polled. It
cannot be taken from the majority candidate unless proved to have been
polled for him." (McDaniel's case, in Court Quarter Sessions, Philadel-
phia; Brightle3''s Leading Cases on Elections, 238). And, " In purging
the polls of illegal votes, the rule is that unless it be shown for which
candidate they were cast, they are to be deducted from the whole vote of
the election — not from the majority candidate." (Note to People vs.
Ilolden, Brightley's Leading Cases on Elections, 492). " In purging the
polls, illegal votes are to be deducted from the entire vote — not from
the majority." (Gibbons vs. Sheppard. See Brightley's Leading Cases
on Elections, 558].

If the doctrine of these cases is to be followed it is not material
to inquire how many illegal votes were cast, or what the political pro-
clivities of the persons casting them were rej^uted to be, if it cannot
be ascertained for w^Jiom they were cast. And there would be a mani-
fest injustice in deducting the illegal votes from one candidate more
than another, unless it were shown that they were cast for him. It is
our opinion, therefore, that the illegal votes polled at the election at
which Mr. Beck and Mr. Flint were opposing candidates for the office of
State Senator, should not be deducted from Mr. Beck's vote except in the
instances where it is shown they were cast for him.

The third case of alleged illegal votes is where it is attempted to be
shown that persons, though enrolled on the Great Eegister, were not
legal voters for the want of the necessary constitutional qualifications.
Two persons fall into this category; the}' are, Thomas Kerns, of Pajaro
Precinct, Santa Cruz County, and Jose Buelna, of Santa Cruz Precinct,
Santa Cruz County. The names of both these persons were on the Great

Eegistei* of the county before the election. That of Kerns was placed
there in October, eighteen bundred and sixty-eight. But he was after-
wards indicted by a Grand Jury of the county for fraudulently procuring
it to be placed there. On being arraigned for trial he pleaded not guilty;
but before his trial came on, on motion of the District Attorney, it was
ordered that a " nolle prosequi be entered, and that he be discharged from
custody and go hence without day;" and it was further ordered that the
name of the defendant be canceled upon the Great Eegister of the county.
This order was entered on the records of the Court, a certified copy of
which was offered in evidence. The order, however, with reference to the
cancellation of his name was never carried into effect. In the case of Jose
Buelna, the attempt is made to prove that he was not at the time of the
election twenty-one years of age. To do this a certified copj^ of the
parish register of the Parish of Santa Cruz is introduced. ^This register
contains a record of the christenings by the parish priest of the children
born of Catholic parents in the parish. This register shows that on the
first of November, A. D. eighteen hundred and fifty, the parish priest
then in charge baptized a male child born on that day by the name of
Jose de los Santos de Atocha, son of Eamon Buelna and Rataela Perez.
It is claimed that the Jose Buelna in question is the jDcrson whose birth
and christening is recorded in the j^arish register as occurring on the
first of November, A. D. eighteen hundred and fiftj^. The testimony,
however, does not in our judgment establish the identity of the Jose
Buelna who voted in Santa Cruz Precinct, Santa Cruz County, at the
general election on the sixth of September last, with the Jose de los
Santos Atocha Buelna of the parish register. But even if both Kerns
and Buelna's votes were illegal, the testimony does not establish that
they or either of them were cast for Mr. Beck. It is true, the presump-
tion is strong that they were, but the evidence adduced is not direct, and
leaves the whole matter in doubt.

The conclusion to which our investigations have conducted us are:

First — That only the illegal votes proven to have been cast for Beck,
the respondent herein, can be deducted from his vote as officially can-
vassed and declared by the Boards of Supervisors ot^ the Counties of
Monterey and Santa Cruz.

Second — That the only illegal votes proven to have been cast for Mr.
Beck, were the votes of Alonzo Heller, Charles Anderson, Henry Eiley,
and C. A. Imus; total, four (4).

It appears from a certified statement of the votes cast for State Sen-
ator in Monterey County, as canvassed and declared by the Board of
Supervisors, that Thomas Beck received twelve hundred and seventy-
eight votes (1,278), and Thomas Flint received ten hundred and forty
votes (1,0-iO). A certified statement of the votes cast in Santa Cruz
County for State Senator, as canvassed and declared by the Board of
Supervisors, gives to Thomas Beck eight hundred and seventy-five
votes (875), and to Thomas Flint, ten hundred and ninety-four votes
(1,094).

SUMMARY.

Thomas Beck received in Monterey County

Thomas Bock received in Santa Cruz County

Total

Thomas Flint received in Monterey County

Thomas Flint received in Santa Cruz County

Total

Thomas Beck's majority

Deduct illegal votes proven to have been cast for Thomas
Beck

Th omas Beck's maj ority

1,278 votes
875 votes

2,153 votes

1,040 votes
1,094 votes

2,134 votes

19 votes

4 votes

15 votes

Your committee recommend the adoption of the annexed resolution.

W. lEWIN,
M. C. AiVDROSS,
THOS. N. WAND,
WM. M. GWm, Jr.

Resolverl, That the testimony laid before the Senate in this contest, in
which Thomas Flint contests the right of Thomas Beck to a seat in this
Senate as Senator from the Sixth Senatorial District of this State, com-
posed of the Counties of Monterey and Santa Cruz, does not show that
said Thomas Beck is not entitled to said seat by virtue of having re-
ceived a majority of the legal votes cast in said Senatorial District for
Senator at the General Election held on the sixth day of September,
A. D. eighteen hundred and seventy-one.

MINORITY REPORT.

]SJ:i]SrORITY REPORT.

Mr. President:

Your committee to whom was referred the pajDers and testimony in
the matter of Thomas Flint, contestant vs. Thomas Beck, respondent,
contested election case in the Sixth Senatorial District; composed of the
Counties of Monterey and Santa Cruz, have had the same under con-
sideration and beg leave to submit the following report, to wit:

First — That at the general election held on the sixth day of Septem-
ber, A. D. eighteen hundred and seventy-one, the contestant and respon-
dent were voted for in the Sixth Senatorial District, composed of the
Counties of Monterey and Santa Cruz, for the office of State Senator.

Second — That upon the final count hy the Board of Supervisors of the
two counties the respondent Thomas Beck Avas declared elected by a
total majority of nineteen votes, and a certificate of election issued
to him.

Third — That the following named persons, to wit: Alonzo Heller,
Charles Anderson, Henry Eiley, J. Bandy, William H. Morris, A. J.
Rader, Jeremiah Keller, Thomas Kerns, JN'elson Struve, H. Stanley, C.
A. Imus, Jose Buelna, John Maze, Daniel Walsh, E. S. Jones, John
Greevill, William A. Moody, Gilbert Malch, Peter Crisman, William
Weathers, N". B. Bailey, A. Kulman, James Hudner, J. Jannett, Henry
Crowell, and S. G. Medley, voted at said election in the different pre-
cincts of said district, for the office of State Senator, without being
registered upon the Great Registers of said counties as required by law.

Fourth — That it appears from their own sworn statements in the tes-
timony taken, that of the above named unregistered voters the following
named, to wit: Alonzo Heller, Charles Anderson, Henry Riley, J. Bandy,
William A. Morris, A. J. Rader, and Jeremiah Keller voted for the
respondent Thomas Beck for the said office of State Senator.

Fifth — That of the above named unregistered voters the following, to
wit: Thomas Kerns, Nelson Struve, H. Stanley,. C. A. Imus, and Jose
Buelna declined to state for whom they voted, but were by their own
admissions and other competent testimony proven to be members of the
Democratic party, of which the respondent Thomas Beck was the can-
didate, and to act therewith.

Sixth — That of the above named unregistered voters the following, to
wit: Daniel Walsh, John Maze, E. S. Jones, J. W. Greevill, William
Moody, Gilbert Malch, Peter Crisman, William Weathers, N. B. Bailey,
A. Kulman, James Hudner, J. Jannett, Henry Crowell, and S. G. Medley

were proven to be Democrats, and to have voted the Democratic ticket
on the sixth day of September, A. D. eighteen hundred and seventj^-one.
The hxtter proof is secondary and circumstantial as to general reputa-
tion of the political character of the above named voters, they either
declining to answer for whom they voted or having left the district or
absented themselves so as to be beyond the reach of process at the time
of the taking of the testimony of this case. In my opinion the evidence
offered regarding them is within the rule laid down by Gushing in his
Law on Elections, Brightley's Leading Cases, and other standard works,
and establishes the fact that they voted and acted with the party of
which the respondent was the candidate.

Seventh — That of the above named unregistered voters the following, to
wit: John Maze, John W. Greevill, William A. Morris, AYilliam Weathers,
and James Hudner were placed upon the Great Eegister on the third
day of October, A. D. eighteen hundred and seventy-one, but it does not
clearly appear how their names came there, whether by direct applica-
tion upon that date, or by having been registered by the Deputy Clerks
on or before the day of said election.

To conclude, I do not deem anything further necessary, as the report
of the Chairman of the committee is exhaustive, and I differ with him
more in conclusions of law than in deductions of fact, which facts and
conclusions of law are hei'ewith submitted without any conclusions of
my own as to the merits of the case.

TUENEE, of the Committee.

TESTIMONY A:ND DOCUMENTS

RELATING TO THE

COJiTESTED ELECTION OF FLINT vs. BECK.

DOCUiSJIEISrTS.

COMPLAINT.

In the matter of the contest of the election of Thomas Beck as State Senator in
and for the Sixth Senatorial District of the StaJe of California, com-
posed of the Counties of Monterey and Santa Cruz, State of California.

To W. M. R. Parker, Clerk of the District Court of the Third Judi-
cial District of the State of California, in and for the County of Mon-
terey, and Thomas Beck.

Thomas Flint, being first duly sworn, dej)oses and says:

That he is a citizen of the United States and of the State of California,
over thirty j'cars of age, and is now, and for over one year last past has
been, a qualified voter of the County of Monterey, in the said Sixth Sena-
torial District; that upon the sixth day of September, A. D. eighteen
hundred and seventy-one, at a general election then and there held in
accordance with law, one Thomas Beck, and Thomas Flint, this affiant,
were voted for in the Counties of Monterey and Santa Cruz for the office
of State Senator for the Sixth Senatorial District of said State of Cali-
fornia, composed of the said counties; that this affiant and contestant
received the largest number of legal votes cast in said district for said
office of State Senator, and a larger niimber of legal votes than said
Thomas Beck; that thereafter, and within twenty days next preceding
the filing of this statement, a certificate of election as such State Sen-
ator from said district was duly issued by the County Clerk of Monterey
County to said Thomas Beck, and such certificate is now held by said
Thomas Beck; that this contestant then was and still is duly eligible to
said office, and this affiant, contesting the claim of said Thomas Beck to
said office, assigns as the grounds of contest upon which he intends to
rely:

First — Misconduct on the part of the Board of Judges of Election in
Salinas Precinct of said Monterey County, in that the Judges did not
hold the said election at the place designated by the Board of Super-
visors of the County of Monterey, and which said place, so designated,
was described plainly in the published and posted notices of said elec-
tion, but held the same at a remote place, and not in view of the place
where the same was by said Board of Supervisors designated as the

place to hold said election; and, further, that said Board of Judges of
said election permitted bj'standers to pick up the tickets out of the
ballot box before the same had been counted and tallied; tliis by parties
Disposed to the election of contestant.

Misconduct on the part of the Clerk of Election of Natividad Precinct,
in this, that after the votes in said precinct had been fully counted, tal-
lied, and returns fully made up, the said Clerk of Election carried to his
own residence the tally lists, ballots, and poll lists, and removed from
among the ballots five tickets or ballots, and placed five other tickets or
ballots in lieu thereof, and changed the tally lists to correspond Avith
the same.

Misconduct on the part of the Clerk and Board of Registration of the
following named jn-ecmcts in said Monterey County, to wit: Peach Tree,
Tres Pinos, San Benito, Ho! lister, San Juan, San Lorenzo, Soledad, Na-
tividad, Santa liita, Salinas, Castroville, and Pajaro, in placing the names
of men upon the several poll lists of said precincts who were not enti-
tled to be placed thereon on account of the same not being upon the
Great Register of the said County of Monterey, and not therefore enti-
tled to be placed upon the poll lists of said precinct.

Second — On account of illegal votes. That sixty ballots wefe east in
the several precincts hereinbefore named for Thomas Beck bj' persons
whose names were not upon the Great Register of the Count}^ of Mon-
terey, in the State of California, whereby the said Thomas Beck was
l^rocured to be declared elected to said office of Senator of said district.

That the number of illegal votes so cast for the said Thomas Beck lor
said office of Senator of said Sixth Senatorial District is as follows, to
wit: In Hollister Precinct, twenty-one votes; in Peach Tree Precinct,
two votes; in San Lorenzo Precinct, two votes; in Tres Pinos Precinct,
five votes; in Castroville Precinct, six votes; in San Benito Precinct,
two votes; in Soledad Precinct, three votes; in Santa Rita Precinct, six
votes; in Salinas Precinct, eight votes; in Pajaro Precinct, two votes;
in San Juan Precinct, three votes.

That in San Juan Precinct one vote was cast for Thomas Beck by a
non-resident of the State of California, whose name had not been can-
cclei upon the Great Register, and was temporarily present upon a
visit, but had not resided in the said Senatorial District for the thirty
dayt next preceding the day of said election.

THOMAS FLINT.

State of California, ]

County of Monterey. ) ^^'

Thomas Flint, being first duly sworn, says:

That he is the person who signed the above statement; that he has
read the same, and knows the contents thereof, and that the same is
true as he is informed and believes.

THOMAS FLINT.

Subscribed and sworn to before me, this thirteenth day of October,
A. D. eighteen hundred and seventy-one.

JOHN W. WHITNEY,

Justice of the Peace.

State op California, }

(^ouiity of Santa Cruz, j "^

I lioroh}' cortify that I know Tlioinas Bock, to whom the annexed
copy of a statenioMt is addresseil; that said lieck is a resident of the
County of Santa Cruz, in the State of California; that in the Town of
"VVatsonville, in said county, I served, on the twent}^ first day of Octo-
ber, A. D. eighteen hundred and seventy-one, by delivcU'ing to him a
cer titled copy thereof personally.

A. L. ROUNTREE,
Sheriff of the Countj"^ of Santa Cruz.
By C. L. Lincoln, Under Sheriff'.

State ok California, ")

County of Monterey. | '

I, W. 'SI. R. Parker, County Clerk in and for said connt}^, and ex
officio Clerk of Third District Court, do hereby certify that tlie iorego-
ing is a true, full, and correct copy of the original complaint in the mat-
ter of the contest of the election of Thomas Beck as State Senator of
the Sixth Senatorial District of the State of California.

r-—^ — I Witness my hand and official seal, at office, this twenty-

f ^^., ) fourlh day^ of October, A. D. eighteen huiulred and sev-

< seal, y J i ^

[ J euty-one.

^^. — ■ W. M. Pt. PAEKER,

Clerk.

EEPLY TO COMPLAINT.

In the matter of the contest of the election of Thomas Becl{ as State Senator in
and for the Sixth Senatorial District of the State of California, composed
of the Counties of Monterey and Santa Crvz, State of California.

Now comes Thomas Beck, the respondent, and for reply to the state-
meni of Thomas Flint, the contestant, now on tile in tiie office of the
Clerk of the District Court, County of Monterey, State of California,
and denies tiiat Thomas Flint, the contestant, received the largest num-
ber of legal votes cast in said district lor said office of State Senator.

Denies that there was misconduct on the part of the JJoard of Judges
of Election in said Salinas precinct of said County of Monterey, or either
or any of the said Board of Judges of Election at said Salinas Precinct,
whercbj' an}' illegal votes were cast for res^Jondent, Thomas Beck.

DeiiK'S that the said Judges did not hold the said election at the place
designated by the Board of Supervisors of the County of Monterey.
Denies that the said Judges of Election held the same at a remote place,
and "not m view of the place where the same was, by said Board of Su-
pervjsurs, designated as the place of holding said election.

That he is informed and believes, and upon his information and belief
he denies tliaf. the said Board of Judges of said election permitted by-
standers to pick up the tickets, or any tickets, out of the ballot box
before the same had been counted and tallied, by any party or parties
opposed to said contestant.

Denies that there was any misconduct on the part of the Clerk of
Election at Natividad Precinct.

Denies that after the votes in said precinct had been counted, tallied,
and returned fully made up, the said Clerk of Election carried to his
own residence the tally lists, ballots, and poll lists, and removed from
the ballots five tickets or ballots, or any other number of tickets or bal-
lots, and placed five other or any otlier tickets or ballots in lieu thereof,
or changed the tally lists, or any tally lists, to correspond with the
same, in any way or manner.

Denies that there was any misconduct on the part of the Clerk or
Board of Registration, or of either or of any of them, at Peach Tree Pre-
cinct, in said County of Monterey, or Tres Pinos, or San Eenito, or San
Juan, or Hollister, or San Lorenzo, or Soledad, or Natividad, or Santa
Eita, or Salinas, or Castroville, or Pajaro Precincts, or any or either of
them, in placing any name or names upon said poll list, or any or either
of them, who voted for this respondent, who were not entitled to be
placed thereon on account of not being upon the Great liegister of the
said count}', or on any other account.

Ees])ondent denies that sixt}', or any other number of ballots. Avere,
in said Tres Pinos, San Benito, San Juan, Hollister, San Lorenzo, Sole-
dad, Natividad, Santa Eita, Salinas, Castroville, Pajaro Precincts, or
any or either of them, cast for Thomas Beck b}^ persons vvhose names
were not upon the Great Eegister of the County of Monterey, State of
California; or that any illegal votes were cast at said precincts, or any
or either of them, for said respondent, Thomas Beck; or that by said
illegal or any illegal votes, the said resj^ondent, Thomas Beck, was pro-
cured to be declared elected to said office of State Senator of said dis-
trict.

Eespoudent denies that twenty-one, or any other number, of illegal
votes were cast at Hollister Precinct at said election for said Thomas
Beck; or that two, or any other number, of illegal votes were cast at
Peach Tree Precinct for Thomas Beck; or that two, or any other num-
ber of illegal votes were cast at San Lorenzo Precinct ibr said Thomas
Beck; or that five, or any other number of illegal votes were cast for
said Thomas Beck at Tres Pinos Precinct; or that*six, or any other
number of illegal votes were cast for said Thomas Beck at Castroville
Precinct; or that two, or any other number of illegal votes were cast at
San Benito Precinct for Thomas Beck; or that three, or any other num-
ber of illegal votes were cast for said Thomas Beck at Soledad Precinct;
or that there were six, or any other number of illegal votes cast for said
Thomas Beck at Santa Eita Precinct; or that there were eight, or any
other number of illegal votes cast for said Thomas Beck at Salinas Pre-
cinct; or that there w^ere two, or any other number of illegal votes cast
for said Thomas Beck at Pajaro Precinct; or that there were three, or
any other number of illegal votes cast for Thomas Beck at San Juan
Precinct; or that there were any illegal votes cast for said respondent,
Thomas Beck, at said precmcts, or any or either of them.

And further replying to the statement of said contestant, the respon-
dent, Thomas Beck, avers that he, the said Thomas Beck, at said election
on said sixth day of September, eigiiteen hundred and scvent3^-one, re-
ceived a large majority of all the legal votes cast at said election for
State Senator of said Sixth Senatorial District, State of California, com-
posed of said Counties of Monterey and Santa Cruz; and was, at said
election, duly, fairly, and legally elected State Senator in and for said

Sixth Senatorial District of the State of California, composed of said
Counties of Monterey and Santa Cruz, and was properly declared to bo
the Senator for the said Sixth Senatorial District.

THOMAS BECK

State of California, ")

County of Santa Cruz. )

Thomas Beck being duly sworn, says:

That he is the respondent herein; that he has read the foregoing reply
an(,l knows the contents thereof; that the same is true of his own Iviiowl-
edge, except the matters therein stated on his information or belief,
and as to those matters, that he believes it to be true.

THOMAS BECK.

Subscribed and sworn to before me the eleventh day of JN'ovember,
eighteen hundred and seventy-one.

A. CEAIG,

Notary Public.

A copy of the within served on me this thirteenth day of November,
eighteen hundred and seventy-one.

A. HEATH,
Attorney for Contestant.

NOTICE TO EESPONDENT.

Ill the matter of the contest of the election of Thomas Beck as State Senator
in and for the Sixth Senatorial District of the State of California, com-
posed of the Counties of Monterey and Santa Cruz, in said State.

To TnoMAS Beck, Esq., Watsonville, Santa Cruz County, California.

Sir: You will please take notice, that on the fourteenth day of Octo-
ber, A. D. eighteen hundred and seventy-one, Thomas Flint, a voter in
said Sixth Senatorial District of the State of California, to wit: in the
County of Monterey, filed his statement in my office, in which statement
so filed he contests your right to the ofiice of Senator of said district,
claiming that the certificate you now hold, issued by the County Clerk
of Monterey County, on or about the twenty-sixth day of September,
A. D. eighteen hundred and seventy-one, was procured to be issued by
reason of illegal votes cast for you and misconduct upon the j)art of the
members of the Boards of Judges and Inspectors of Election in several
precincts in said Monterey County, as recited and set out in said state-
ment. And that on account of said misconduct of said Boards of Judges
and Inspectors of Election you were procured to be declared elected to
said office of Senator. Now, therefore, in accordance with the laws of
the State of California, on this sixteenth day of October, A. D. eighteen
hundred and seventy-one, I have issued a commission directed to J. W.
Whitney, Esq., and Joseph O. Heritage, Justices of the Peace in and for

the Township of San Juan, County of Monterey, to take the testimony
of any and all persons who may be produced as witnesses in the matter
of said contest, and have directed said testimony to be so taken at the
office of said J. W. Whitney, Esq., in the Town of San Juan, Monterey
County, on Monday, the thirteenth day of November, A. D. eighteen
hundred and seventy-one, at ten o'clock a. m., which said testimony will
be reduced to writing and disposed of according to law.

-j SEAL. |-

Witness mj' hand and seal this sixteenth day of October,
A. 1). eighteen hundred and seventy-one.

W. M. E. PAEKER,

Clerk District Court.

State of California, 1

County of Santa Cruz. \

I hereby certify that I know Thomas Beck, to whom the within' copy
of an original notice is addressed, and that Thomas Beck is a resident
of the County of Santa Cruz, in the State of California, and that on the
twenty-first day of October, A. D. eighteen hundred and seventy-one, at
the Town of Watsonville, in the County of Santa Cruz, in the State of
California, I served the original notice, of which the within is a certified
copy, upon Thomas Beck, by delivering to him then and there personally
the said notice, together with a copy of the verified statement of Thomas
Flint, setting out the grounds of contesting the election of said Beck to
said office of Senator of the State of California for the Sixth Senatorial
District, composed of the Counties of Monterey and Santa Cruz, which
copy of statement was certified b}' the Clerk of the Third Judicial Dis-
trict Court for the Count}' of Monterey.

Dated Santa Cruz, October twentj'-eightb, eighteen hundred and sev-
enty-one.

A. L. EOUNTEEE,
Sheriff of the County of Santa Cruz.

By C. L. Lincoln, Under Sheriff'.

State of California,

County of Monterey.

I, W. M. E. Parker, County Clerk in and for said count}', and ex officio
Clerk of the Third District Court, do hereby certify that the foregoing
is a true, full, and correct cojjy of the original notice in cause of Thomas
Flint versus Thomas Beck.

}

Witness my hand and official seal, at office, this twenty-
fourth (lay of October, A. D. eighteen hundred and sev-
. euty-one.

W. M. E. PAEKEE, Clerk.

Office of the Sheriff of Santa Cruz County — I hereby certify that the

within is a true copy of the notice by rac served on Thomas Beck, the
twenty-first day of October, eighteen hundred and seventy-one.

A. L. ROUNTJ^EE,

Sheriff of Santa Cruz County.
By C. L. LiNCOLX, Under Sheriff.

STATEMENT

In the matter of the contest of the election of Thomas Beck as State Senator
in and for the Sixth Senatorial District of the State of California, com-
posed of the Counties of Monterey and Santa Cruz, State of California.

To Albert Brown, Clerk of the District Court of the Third Judicial
District of the State of California in and for the County of Santa Cruz,
and TuoMAS Beck:

TnoMAS Flint, being first duly sworn, deposes and says:

That he is a citizen of the United States and of the State of Cali-
fornia, over thirty years of age, and is now, and for over one year last
past has been a qualified voter of the County of Monterey, in the said
Sixth Senatorial District; that upon the sixth day of September, A. D.
eighteen hundred and seventy-one, at a general election then and there
held in accordance with law, one Thomas Beck, and Thomas Flint, this
affiant, were voted for in the Counties of Monterey and Santa Cruz, for
the office of State Senator for the Sixth Senatorial District of said State
of California, composed of the said counties; that this affiant and con-
testant received the largest number of legal votes cast in said district
for said office of State Senator, and a larger number of legal votes thaa
said Thomas Beck; that. thereafter and within twenty days next pre-
ceding the filing of this statement a certificate of election as sutdi State
Senator from said district was duly issued by the County Clerk of
Monterey County to said Thomas Beck, and such certificate is now
held by said Thomas Beck; that this contestant then was and still is
duly eligible to said office, and this aftiant, contesting the claim of said
Thomas Beck to said office, assigns as the grounds of contest upon which
he intends to rely:

First — On account of illegal votes cast in said Santa Cruz County for
Thomas Beck, to wit:

Twenty-five illegal votes were cast at said election for said Thomas
Beck, by persons vvlio had no right to vote at the precincts in which
they voted; by which said votes and other illegal votes cast in the
Count}' of Monterey, the said Thomas Beck was procured to be declared
elected to the office of Senator of said Sixth Senatorial District, when
he had not received the hightest number of legal votes for said office.

THOMAS FLINT,

State op California,

Couuty of Santa Cruz. ^

Thomas Flint, being first duly sworn, dci^oses and says:

That he has read the foregoing statement and knows the contents
thereof; that tlie same is true of his own knovvlcdge, except as to the
matters therein stated on his information and belief, and as to those mat-
ters he believes it to be true.

THOMAS FLINT.

Subscribed and sworn to before me this fourteenth day of October,
A. I), eighteen hundred and seventy-one.

ALBEET BEOWN,

Clerk Third District Court of California.

EEPLY OF THOMAS BECK.

Now comes Thomas Beck, and replying to the statement of Thomas
Flint, the contestant, heretofore filed with the Clerk of the District
Court of the County of Santa Cruz, and denies that Thomas Flint, the
contestant, received the largest number of legal votes cast in said
district, for said ofilce of State Senator, at said election, held on said
sixth day of September, A. D. eighteen hundred and seventj-one; denies
that said Thomas Flint, the said contestant, received" at said general
election a larger number of legal votes than Thomas Beck, the re-
spondent; denies that on account of illegal votes casttn said (.'ounty of
Santa Cruz for said Tliomas Beck, the said Thomas Beck was procured
to be declared elected to the office of Senator of said Sixth Senatorial
District; denies that any illegal votes were cast at said election for said
Thomas Beck; denies that twenty -five, or any other number of illegal
votes, were cast for said respondent, Thomas Beck, at said election, on
said sixth day of September, A. D. eighteen hundred and seventy- one,
or that twenty five, or any other number of persons, who had no right
to vote at the precincts in which they voted at said election, voted for
or cast their ballots for said Thomas Beck, or that any person or per-
sons cast any illegal vote or votes for said respondent, Thomas Beck, at
said election.

And further answering the said statement of said contestant, the
respondent, Thomas Beck, alleges that he, the said Thomas Beck, at
said election held on said sixth day of September, A. D. eighteen hun-
dred and sixty-one, received a large majority of all the legal votes cast
at said election for State Senator of said Sixth Senatorial District of the
State of California, composed of said Counties of Monterey and Santa
Cruz, and was, at said election, duly and legallj^ elected State Senator
in and for said Sixth Senatorial District of the State of California, com-

posed of said Counties of Monterey and Santa Cruz, and was properly
decUu-od to be the Senator for the said Sixth Senatorial District of the
State of California.

THOMAS BECK.

State op California, )

County of Santa Cruz. J ^^*

Thomas Beck, being duly sworn, says:^

That he has read the foregoing reply and knows the contents thei'eof;
that the same is true of his own knowledge, except the matters therein
stated on his information or belief, and as to those matters that he believes
it to be true.

THOMAS BECK.

■j SEAL, i

Subscribed and sworn to before me the seventh day of
November, eighteen hundred and seventy-one.

A. CEAIG,

Notary Public.

NOTICE OF APPOINTMENT OF COMMISSIONEES.

In the matter of the contest of the election of Thomas Beck as State Senator
in and for the Sixth Senatorial District of the State of California, com-
posed of the Counties of Santa Cruz and Monterey, in said State.

To Thomas Beck, Esq., Watson ville, Santa Cruz County, California:

Sir: You will please take notice, that on the fourteenth day of Octo-
ber, A. D. eighteen hundred and seventy-one, Thomas Flint, a voter
residing in the said Sixth Senatorial District of the State of California,
to wit: in the County of Monterey, filed in my office his statement, in
which he contests your right to the office of Senator of said district,
claiming that the certificate you now hold, issued by the County Clerk
of Monterey County on or about the twenty-sixth day of September,
A. D. eighteen hundred and seventy-one, was procured to be issued by
reason of illegal votes cast for you in several precincts in said Santa
Cruz and Monterey Counties, as recited and set out in said statement;
and that, on account of said illegal votes, you were jDrocured to be
declared elected to said office of Senator.

Novv, therefore, in accordance with the laws of the State of Califor-
nia, on the sixteenth day of October, A. D. eighteen hundred and sev-
euty-'one, I issued a commission directed to E. Wellington, Esq., and
Luther Fiirnhiim, Esq., Justices of the Peace in and for the Township
and County of Santa Cruz, State of California, to take the testimony of
any and all persons procured to be examined in the matter of said con-
test, at the Court-room in the Court House in the Town of Santa Cruz,
County of Santa Cruz, and State of California, on Thursday, the ninth
day of November, A. D. eighteen hundred and seventy-one, at ten o'clock

■ 28

A. M., and to continue the same from da}" to day until all of said testi-
mony is taken, which said testimony will be reduced to writing and dis-
posed of according to law.

Dated at Santa Cruz this seventeenth day of October, eighteen hun-
dred and seventy-one.

ALBERT BROWN,
Clerk of the. District Court, Third Judicial District, California.

COMMISSION TO TAKE TESTIMONY.

In the maffer of the contest of the election of Thomas Beck as State Senator
in and for the Sixth Senatorial District of the State of California, com-
posed of the Counties of Santa Cruz and Monterey, in said State.

The People of the State of California to Luther P'arniiam and E.
Wellington, Justices of the Peace of the Township of Santa Cruz, in
,the County of Santa Cruz, State of Cahlbrniu:

Whereas, on the fourteenth da}' of October, A. D. eighteen hundred
and seventy-one, Thomas Flint, a citizen of the Uniteci States and of
the State of California, over th.ity years of age, now and for over one
year last past a voter of the County of Monterey, in the said Sixth Sena-
torial District, tiled in the office of the Clerk of the District Court of
the Third Judicial District of tlie Stale of California, in and for the
County of Santa Cruz, his statement, claiming that at a general election
held in the said Sixth Senatorial District, upon the sixth day of Sep-
tember, A. D. eighteen hundi'ed and seventy-one, one .Thomas Beck and
Baid Thomas Fbnt were voted for, in the ('ounties of Sanla Cruz and
Monterey, for the office of State Senator for the said S.xth Senatorial
District of said State, and that he, said Thomas Fhnt, received the
largest number of legal votes cast in said district for ^le office of State
Senator, and a larger number of legal votes than said 'I liomas Beck;
and that after said election, and within twenty days next preceding the
filing of said statement, a certificate of election as such State Senator
was issued by the County Clerk of said Monterey County to said Thomas
Beck, and such certificate is now held by said 'ihomas Beck, and m said
statement further claiming that the said 'Ihomas Flint is duly eligible to
said office, and contesting the claim of said 'Ihomas Beck llicreU):

Now, therefore, in confidence ot your prudence and fidelity, I have
appointed, and by these iiresents ilo ajipomt, }'ou as Coniniiss. oners for
tlie purpose of taking the depcjsitions of suel) witnesses as the said par-
ties to su(di contest may desire to examine. And I, as Clerk of said
District Court, dii-ect that you do meet m the Court room of the Coui-t
House, in the Town and County of Santa Cruz, State of Culiforma, on
Thursday, the ninth day of JSovembcr, A. D. eighteen hundred and
seventy one, at ten o'clock a. m.; and tiiat you then and there diligenily
examine all witnesses then and there produced bel'oi'c you, uptni tlieir
corpoieal uath, first taken before }ou, and cause the said examination of
the t>aid Witnesses to be reduced to writing and signed by each witness
and by yourselves; and after the taking of said testimon}' is fully com-
pleted, } ou shall deliver the said dei^ositions so taken beidre you, with

your ecrtitieates thereto attached, toi^'etlior with this your said commis-
sion, to the Clerk of the District Court of the Third Judicial District of
the Slate of California, in aiul for the County of Sautu Cruz.

•j SEAL, i

Witness, Albert Brown, Clerk of the District Court of the
Third Judicial District of the State of California, in and
for the County of Santa Cruz, with the seal of said Courti
hereto affixed, this seventeenth day of October, A. D.
eighteen hundred and seventy -one.

ALBEET BROWN,

Clerk of said Court.

MOTION TO DISMISS STATEMENT.

Ill the matter of the contest of the election of Thomas Beck as Senator in and
for the Sixth Senatorial District of the State of California, composed of
the Counties of Santa Cruz and Monterey, in said State.

Be it remembered, that pursuant to the commission hereunto annexed,
and on the ninth day of November, eighteen hundred and sevent^'-one,
at the Court-room of the District Court of the Third Judicial District,
in and for the County of Santa Cruz, State of California, in the Court
House of the said County of Santa Cruz, before usj E. Wellington and L.
Farnham, two Justices of the Peace of said county, dul}^ elected and
acting as such Justices, personally appeared witnesses pi-oduced on be-
half of Thomas Flint in the above entitled contest, who being first duly
sworn by E. Wellington, were then and thcn-e examined and interrogated
by Albert Heath, of counsel for said Thomas Flint, and by W.M. Dewitt
and A. Craig, Esqs., of counsel for said Thomas Beck, and testified as
follows.

And now comes Thomas Beck, the i^espondent herein, and moves to
dismiss the statement of said contestant, Thomas Flint, heretofore filed
wuth the Clerk of the District Court in and for said County of Santa
Cruz, in pursuance of which this pretended examination is proposed to
be had; and to suspend all further proceedings herein, upon the ground
that said statement does not state facts sufficient to authorize this or
an}^ examination, and upon the grounds that there is no statement filed
herein according to law; and that said statement does not state facta
sufficient to constitute a contest of said election. In this, that it does
not state any grounds of contest as required by law, nor the grounds on
which the contestant intends to rely, but only states conclusions of law;
and upon the further ground that it nowhere appears that L. Farnham
or E. Wellington are justices of the Peace, or were, at the time this pre-
tended commission hei'ein issued.

TESTIIVIONY.

TESTIMONY OF WILLIAM H. MOERIS.

William II. Morris, being first duly sworn to testify to the truth and
nothing- but the truth relating to the contest herein above mentioned,
testified as follows:

Question — State your name and age?

Answer — My name is William II. Morris, aged thirty years.

Q. — Did you vote at the regular election held in the State of Cali-
fornia on the sixth day of September, eighteen hundred and seventy-
one?

[Objected to by respondent:, first, as immaterial; second, as incompe-
tent; third, as secondary and not the best evidence.]

A.— I did.

Q. — Under what name?

A. — William H. Morris.

Q. — In what county and precinct?

[Objected to as incompetent, and that itis secondary and not the best
evidence.]

A. — I suppose it was in Pajaro Township, in the County of Santa
Cruz.

Q. — State whether the election was held in a town?

A. — It was held in the Town of Watsonville, in Billings & Alexander's
Hotel.

Q. — State whether you voted for any person for the ofiice of State
Senator for the Sixth Senatorial District of the State of California, com-
posed of the Counties of Monterey and Santa Cruz.

[Objected to: first, as leading; second, as immaterial; third, incom-
petent.]

A. — Yes, I voted for State Senator.

Q. — For whom did you vote to fill the office of State Senator?

[Objected to: first, as leading; second, as immaterial; third, as sec-
ondary and incompetent to show that the witness voted illegally, and
not- the best evidence, the ballot being the best evidence.]

A. — I voted for Thomas Beck.

CROSS EXAMINED.

By Respondent — Where wore you born?

A. — Marietta, Ohio, in the United States of America.

[Objected to because it is not a proper cross examiDation question.]

Q. — How long had you been a resident of the State of California
immediately- ]»recediiig the sixth day of September last?

A. — Ten months continuouslj", ending on the nineteenth day of Septem-
ber last.

Q- — How long had you been a resident of the County of Santa Cruz
on the sixth day of September last?

[Objected to as a leading and original question, and not cross exam.i-
nation of any testimony heretofore introduced.]

A. — One month and twenty-four days contijiuously, ending on the sixth
day of September, eighteen hundred and seventy-one.

Q. — In what precinct?

A. — In Pajaro Precinct.

Q. — AVhat was your politics?

A. — Eepublican.

WILLIAM H. MOEPJS.

TESTIMONY OF J. OLIYEE.

J. Oliver., being first duly sworn to testify to the truth and nothing
but the truth relating to the contest hereinabove mentioned, testified at
follows:

Question — State your name, age, and residence?

Answer — James Oliver; age, forty-three; residence, Watsonville.

Q. — Have you a family?

[Objected to as irrelevant-and immaterial.]

A. — I have ho wife, but I have children.

Q. — Where do the}' reside?

[Objected to as immaterial, irrelevant, and incompetent.]

A. — In Iowa.

Q- — How long since you resided in Iowa? «

A. — I left in October, eighteen, hundred and sixty-seven.

Q. — Where did you reside before coming to Santa Cruz County?

A. — San Jose, Santa Clara County.

Q- — At what time did you leave Santa Clara County to come to Santa
Cruz County?

A. — The seventh July, eighteen hundred and seventy -one.

Q. — State whether 3-ou voted at the regular election held in the State
of Cahforuia on the sixth day of Sei:)tember, eighteen hundred and sev^
entyone, for the office of Senator in and for the'Sixth Senatorial District
of the State of California, composed of the Counties of Monterey and
Santa Cruz?

[Objected to as irrelevant and incompetent]

A.— I did.

Q. — In what county and precinct?

.[Objected to as incompetent.]

A. — Pajaro Precinct, Santa Cruz County.

Q- — For whom did j'ou cast your vote for such officer?

[Objected to as irrelevant and immaterial, and incompetent, and is sec
ondary, and not the best evidence, and in no Avay tends to prove an
illegal vote, and because it is leading.]

A. — I voted for Thomas Beck.

Q. — When you came lo Santa Craz Connty did you come here for the
purpose of making ihis county your residence?

[Olgected to. as leadinar. and immaterial, and irrelevant,]

A. — I came with the intention of making this county my home aa
much as any other county in the State.

Q. — What business did you come here to transact?

[Objected to, as wholly immaterial and irrelevant.]

A. — I came here lo follow my trade as house carpenter.

Q. — Were you employed, before you left Santa Clara County, to work
at your trade as house car|»enter?

[Same objection as last interrogatory.]

A. — I was.

Q. — State whether upon a single building?

[Same objection as last objection interposed.]

A. — 1 was first employed upon Pajaro Bridge; no building at alL

Q- — Who employed you to work on that bridge?

[Objected to, as immaterial, irrelevant, and incompetent to prove any-
thing alleged in the statejnent herein.]

A. — Mr. Beck — Thomas.

Q. — When he employed you in Santa Clara County to come to Santa
Cruz County were you employed for the purpose of working on the
bridge?

[Objected to, as irrelevant, immaterial, incompetent, and wholly for-
eign to any question at issue herein.]

A. — I was.

Q- — State whether it was for "building a new bridge or repairing an
old one?

[Same objection as to last interrogatory.]

A. — Repairing an old bridge.

Q. — At the time that Air. Beck employed you did he simply employ
you to work on the bridge at the time of the employment?

[Same objection as last made.]

A. — I was not employed simply to work on the bridge,

Q. — Is it not true that you was employed to work on the Alexander
& Billings' Hotel, in Watsonville, and on account of delays you worked
for a time on the bridge?

[Objeciei to: first, as leading and irrelevant; second, as immaterial;
third, incompetent, and is in cross examination of his. (contestant s) own
witness.]

A. — When Mr. Beck hired me, in June last (about the middle, I think),
he said he had a bridge to repair and a hotel to build; and I worked on
the bridge after the hotel was begun.

CROSS KXAMIXAnOX.

';j. — Are you a citizen of the United States?

A. — I am.

Q.^llow long have you resided in the State of California, and where?

A. — I have resided a' little over four years last past in the State of
California; part of the time I resided almost two years in Oakland: the
balance of the time I resided in Santa Clara County and Santa Cn«
County.

34 ■

Q. — How long was you a resident of Pajaro Precinct, in the Countj^
of Santa Cruz, next preceding the sixth day of September, eighteen hun-
dred and seventy-one?

A. — I just lacked one day of being two months continuously.

Q. — Was it or was it not your intention at the time j'ou left the
County of Santa Clara and came to the County of Santa Cruz, i,o make
the Town of Watsonville, in said Santa Cruz County, your permanent
place of residence?

[Objected to on the ground that the question is leading, and is not a
proper cross examination ]

A. — It certainly w^as.

Q. — Where have you resided since the election?

A. — In Watsonville, Santa Cruz County, California, at the same place
continuously.

Q. — Did you come to the County of Santa Cruz before or after the
nominating convention was held at which the respondent, Thomas Beck,
was nominated for said office of State Senator?

[Objected to on the grounds that the question is leading, and not a
cross examination of any question asked by the contestant.]

A. — I came to Watsonville before the nomination was made.

Q. — Then, when 3'ou came to Watsonville, Santa Cruz County, the
respondent, Thomas Beck, was not a candidate for any position?

[Objected to as irrelevant, and not a proper cross examination.]

A. — lie was not.

DIRECT EXAMINATION RESUMED.

By the contestant — Do I understand you to swear that when you ac-
cepted employment from Mr. Beck, and engaged to come to Watsonville,
Santa Cruz County, that you then intended to make Pajaro Precinct
your permanent place of residence?

[Objected to by respondent, on the ground that it is in cross exami-
nation of his (contestant's) own witness, and tends to impeach his (con-
testant's) own witness.]

A. — I came with that intention as much as going to any other place
to reside.

JAMES OLIVER.

TESTIMONY OF ADDISON MOORE.

Addison Moore, being duly sworn to testify to the truth and nothing
but the truth relating to the contest herein above mentioned, testified as
follows:

Question — State j^our name and age?

Answer — My name is Addison Moore; my age is thirty-four 3'ears.
Q. — Have you a wife or children?
A. — No; I am a single man.

Q — State whether or not you voted at the general election held on
the sixth day of September, eighteen hundred and seventy-one?
[Objected to as being incompetent and leading.]
A.— I did.
Q. — Where; in what county and precinct?

[Objected to as incompetent, secondary, and not the best evidence,
the ballots and records kept by the Board of Registration Clerl<s and
Inspectors of Election being the best and only evidence competent to
pnn-e the fact.]

A. — In Pajaro Precinct, Santa Cruz County.

Q. — At that election did you vote for any person for the office of Sen-
ator of the Sixth Senatorial District of the State of California, composed
of the Counties of Monterey and Santa Cruz?

[Same objection as interposed to the last question.]

A. — Yes, sir, I did.

Q. — For whom did you vote as such officer?

[Objected to upon the ground that it is incompetent, secondary, and
not the best evidence; that it is contrary to the spirit and intention of
the sixth section of Article II of the Constitution of the State of Cali-
fornia, which provides that all elections by the people shall be by bal-
lot; and the spirit and intention of the Act of the Legislature of the
State of California, entitled the Election Law in general, and the amend-
ment to the Election Law in general, approved April fourth, eighteen
hundred and sixty-four, and the Acts amendatoiy thereof and supple-
mentary thereto, by which the ballot was intended to be kept secret,
and the party alone who exercised the privilege of voting^was to know
how he voted and for whom he voted.]

A. — Thomas Beck.

CROSS EXAMINATION.

Q. — You say in answer to questions asked that you voted in Pajaro
Precinct, in the County of Santa Cruz, on the sixth day of September,
eighteen hundred and seventy-one. Now tell us how long you had been
a resident of said Pajaro Precinct next preceding the said sixth day of
September, eighteen hundred and seventy-one?

[Objected to by contestant.]

A. — I came there on the sixth da}^ of August, eighteen hundred and
seventy-one, and resided there from that time up to the day of election,
and from then to the prcipnt time continuously.

Q. — Are you a citizen of the United States of America?

A. — I am.

Q. — How long had you been a resident of the State of California imme-
diately preceding the sixth day of September, eighteen hundred and
seventy-one?

[Objected to.]

A. — Fourteen years and eleven months continuously.

DIRECT EXAMINATION RESUMED.

By contestant — Where did you reside last before coming to the County
of Santa Cruz?

A. — San Jose, Santa Clara County.

Q.^-With whom did you board last before coming to Santa Cruz
County?

[Objected to as immaterial and irrelevant.]

A.— With Mr. French.

ADDISON MOOEB.

TESTDIONY OF T. KERNS.

T. Kerns, bciag first duly sworu to testify to the truth, t))e whole
truth, and nothing but the truth in relation to the contest herein above
mentioned, testifies as ibllows, to wit:

Question — State j^our name and age?

Answer — Tlionias Kerns; about thirty-six years of age.

Q. — Slate where you reside?

A. — About three miles north of Watsonville, Santa Cruz County.

Q. — Did you vote at the regular election held in the State of California
on the sixth daj^ of September, eighteen hundred and seventy-one?

[Objected to as incompetent, and not the best evidence.]

A. — Yes, sir.

Q.— In what county and precinct?

[Same ol'jection as to last question.]

A. — Santa Cruz County, and Pajaro Precinct.

Q. — At that election did you vote lor any person to serve as Senator
for the Sixth Senatorial District of the State of California, composed of
the Counties of Monterey and Santa Cruz?

[Same objection fast named.]

A. — I think I voted for Senator.

Q. — For whom did you vote?

[Objected to on the grounds that it is incompetent, secondary, and not-
the best evidence; that it is (.ontrary to the letter, spirit, and intention
of the sixth section o( Article il of the Constitution of the State of Cali-
fornia, and contrary to the letter, sjiirit, and intention of the Act of the
Legisialure of the State of California, entitled Election Law in general,
and the amendment to Election Law in general, approved April I'ourth,
eighteen hundred and sixt\'-four, and the Acts amendatorj' thereof and.
supplemental thereto, by w hich the ballot was intended to be kept secret,
and the })arty alone who exercised the privilege ot voting was to know
as to how he voted and for whom.]

A. — 1 cannot swear that; I voted a split ticket.

Q. — Can you read and M'rite?

A.— Yes.

Q. — Did j-ou read your ticket before you voted it?

[Olijected to as immaterial and in cross examination of his (contest-
ant's) own witness.]

A. — 1 read the heading of the ticket, but could not read the ticket
through I'ur the want of niy glasscrt. I did not have them with me.

Q. — Did you intend to vote^for Thomas Beck?

[Objected to on the ground that it is in cross examination of contest-
ant's own witness, and calls for the intention of the witness and does not
prove any facts, and is therefore incompetent, irrelevant, and unprece-
dented.]

A. — I intended to vote the Democratic ticket and voted a split ticket.

Q. — Did you intend to vote for Thomas Beck as Senator from this Dis-
trict?

[Sauie objection as interposed to the last question.]

A. — 1 did, Lut cannot swear to it, not having read my ticket through.

Q. — Are you the same person whose name was placed upon the Great
Eegistcr on the twentieth day of October, A. D. eighteen hundred and

sixty-eifclit, and who was indicted for being placed fraudulently upon the
Great Ixegistcr of Santa Cruz County iu the Coui.ty CouVt of said
County?

[Olijectevl to upon the ground tliat it is in cross examination of con-
testant's own witness; that there is no foiuifhition laid for such question,
it not appearing in any of the proceedings or testimony offered that any
Thomas Kerns was ever on the Great fJegister or that any Thomas
Kerns was ever indicted for being phiced fraudulently upon the Great
Pegistcr, and if such should be the case, the records of the Court and the
Great Register are the best and only evidence to prove the fact, and the
question calls for an answer tending to criminate the contestant's own
witness.

Witness declines to answer the question.

Q. — State whether there is a person, to your knowledge, living in
Pajaro Precinct, Santa Cruz County, California, of the same name as
yoursell"?

[Objected to as immaterial.]

A. — There are other Kerns besides me in Santa Cruz County; I don't
know whether they are in Pajaro Precinct or not; I don't know whether
they are of the same name or not.

Q. — Under what name did you vote in Pajaro Precinct?

A. — Under the name of Thomas Kerns.

CROSS EXAMINATION.

Q. — You, not having read your ticket, and not knowing whose name
was upon that ticket, is it not possible that 3'ou might have cast your
vote for Thomas Flint, the contestant for State Senator?

A. — I did not read my ticket, and cannot swear for whom I voted.

THOMAS KEENS.

DEPOSITION OF JOSE BUELNA.

Jose Buelna, being first duly sworn to testify to the truth, the whole
truth, and nothing but the truth, in relation to the contest herein above
mentioned, testified as follows, to wit:

Question. — State your name and age?

Answer. — Jose Buelna; twenty-one years of age.

Q. — Did you vote at the general election held in the State of Califor-
nia on the sixth day of September, A. D. eighteen hundred and seventy-
one?

A. — Yes, sir; I voted.

Q. — In what county and precinct?

[Objected to as incomjjetent and secondary, and not the best evidence.]

A. — In Santa Cruz County, and Santa Cruz Precinct.

Q. — Slate whether you cast your vote for a person as Senator of the
Sixth Senatorial District of the State of California, composed of the
Counties of Monterey and Santa Cruz?

[Objected to as incompetent, and not the best evidence.]

A. — Yes; I voted.

Q. — For whom did you vote?

[Objected to on the same grounds and for the same reasons interposed
to the sixth question or interrogatory propounded to Thomas ^erns.
See Kerns' deposition.]

A. — I voted the Democratic ticket.

Q. — Whose nameAvas on that ticket for State Senator of this district?

A. — I do not know.

Q. — Did you not inform Mr. William Wilson, your hrother-in-law, in
the Town of Santa Cruz, on Saturday, the fourth day of November,
that you cast your vote for Thomas Beck as such Senator?

[Objected to upon the ground that it is in cross examination of con-
testant's own witness, and impeaching his own witness.]

A. — No, sir. '

CROSS EXAMINATION.

Q. — Can you read or write?

A. — No, sir.

Q. — Then, if you cannot read or write, 3'ou do not know who you
voted for, do you?

A. — No, sir.

Q. — Did 3'ou vote for Eomualdo Pacheco?

A. — No, sir; I did not.

Q. — Since you cannot read or write, how do you know that you did
not vote for Pacheco?

A. — Because Bill Moore and my brother-in-law, Johnny Carpy, gave
me the ticket.

Q. — Then all you know about it is their action in handing you the
ticket?

A. — That is all I knoiy about it.

Q. — Do you not know that Mr. William Moore was working all the
day of election for Mr. Pacheco?

[Objected to.]

A. — No, sir.

JOSE x' BUELNA.

Mark.

Attest: M. Y. Bennett.

DEPOSITION OF JOHN KELLEY.

John Kelley, being first duly sworn to testify to the truth, the whole
truth, and nothing but the truth in relation to the contest hereinbefore
mentioned, testifies as follows, to wit:

Question — State your name and age?

Answer — My name is John Kelley; my age is twenty-three years past.
Q. — Did you vote at the general election held on the sixth day of Sep-
tember, A. D. eighteen hundred and seventy-one?

[Objected to as secondary, and not the best evidence.]

A.— I did.

Q. — In what county and precinct?

A. — Santa Cruz County, Santa Cruz Precinct.

Q. — State whether you voted for any person for the ofllce of Senator

of the Sixth Senatorial District of the State of California, composed of
the Counties of Monterey and Santa Cruz?

A. — I may have, and may not, for all I know.

Q. — Can you read and write?

A. — I can.

Q. — Did 3'ou read your ticket before you voted it?

A. — I read two names on it, and that is all I remember.

Q. — State whether the ticket that you voted was what is called a
" split ticket?"

[Olijected to as immaterial, the witness already having stated he did
not read it.] *■'

A. — Yes, sir; I think it was.

Q. — Was it a written ticket or a printed ticket?

A. — It was a regular printed ticket.

Q. — State whether that was a regular Eepublican or a regular Demo-
cratic ticket.

[Objected to as immaterial, the witness having already stated that it
was a .s])lit ticket.]

A. — It was neither Eepublican nor Democratic; it was a split ticket.

Q. — In answer to one question, you say that you remember but two
names for whom you voted. You will state the names of those two
persons.

[Objected to as being in cross examination of contestant's own wit-
ness, and upon the same ground and for the same reasorrs interposed to
the sixth question or interrogatory propounded to Thomas Kerns. See
Kerns' deposition.]

A. — Governor Ilaight and Bessee.

Q. — Were their names printed in the ticket, or written with ink
upon it?

A. — I saw no writing on the ticket.

Q. — In what county and State did you reside immediately preceding
your removal to Santa Cruz County?

A. — My residence was in Santa Clara County up to the latter part of
July.

Q. — When 3-ou came to Santa Cruz County first, where did you reside?

A. — In Santa Cruz.

Q. — With whom did you board?

A. — At the What Cheer House, kept by Tom Bartlett.

Q. — Do you know a man by the name of P. V. Womser?

[Objected to upon the ground that it is in cross examination of con-
testant's own witness — ii'relevant, immaterial, and impeaching his own
witness.]

A. — ISTo; I do not.

CROSS EXAMINATION.

Q. — Your ticket not having been read and examined by you, and you
only having observed the two names thereon, to wit: Haight and Bes-
see, it miiiht be possible, might it not, that the name of Thomas Flint,
the contestant herein, was upon that ticket?

[Objected to.]

A. — Just as probable as any other name outside of those two.

JOHN KELLEY.

TESTIMONY OF THOMAS D. BAETLETT.

Thomas D. Bartlett, being first duly sworn to testify to the truth,
the whole truth, and nothing but the truth, in relation to the contest
herein above mentioned, testifies as follows, to wit:

Question. — State your name and age?

Answer. — My name is Thomas D. Bartlett. I am thirty four years of
age.

Q. — Are you acquainted with a man by the name of P. Y. Womser?

[Objected to as irrelevant and immateriah]

A. — There might have been a man a long time ago stopjjing at my
house of that name; I cannot tell where he is now.

Q. — AYhat house did j^ou keep, and where?

[Objected to, as immaterial and irrelevant.]

A. — I kept the What Cheer House, here in Santa Cruz.

Q. — State, if you can now recollect, the last time that Mr. Womser
stopped at your house?

[Objected to.]

A. — I cannot.

Q. — Are jon still the proprietor of the What Cheer House?

[Same objection as last made.]

A. — No, sir.

Q. — Have you, in jonr possession, the books and register of the What
Cheer House of Santa Cruz?

[Objected to as irrelevant and immaterial.]

A. — Yes, sir.

Q. — By reference to those books can j^ou refresh your recollection so
as to state positively the last time that you saw Mr. Womser at your
house?

A. — No, sir, I cannot.

Q. — Who now is the proprietor of the What Cheer House?

[Objected to, as immaterial.]

A. — John Kellcy.

Q. — When did you first become acquainted with John Kelley?

[Objected to, as irrelevant anil immaterial.]

A. — About six months or a year ago.

Q. — Where did you become acquainted with him?

A. — I became acquainted with him in San Jose.

Q. — What business was he then following?

A. — He was then running a hotel there at that time.

Q. — When did you sell out the What Cheer House to Mr. Kelley?

[Objected to, as incompetent, irrelevant, and immaterial.]

A. — The sixth of September.

Q. — How long before you sold out to Mr. Kelley did you commence
to make the bargain with him?

[Objected to, as being irrelevant, and is an attempt at the impeach-
ment of contestant's own witnesses.]

A. — We had been making the bargain some time before the sale.

Q. — State, as near as j^ou can recollect, how long it w^as before you
concluded the sale after you had the first conversation?

A. — It was some time before that; cannot exactly remember.

Q. — State whether Kelley boarded with you any length of time in the
What Cheer House immediately before you sold the house to him?

A. — Yes, sir.

g.— How long?

[Olijeeled to on the same ground as in the objection hist aforesaid.]

A. — Different times.

Q. — ilow long was it that he boarded with you immediately before
the sale by 3'ou to him?

A. — I do not know exactly. I might and I might not tell by referring
to the books.

Q. — In your former statement, in answer to a question, you say that
5'ou first became acquainted with Kelly in San Jose, and that he was in
a hotel there. State what hotel he was then in?

[Objecte<l to as immaterial, irrelevant, and is in cross examination of
contestant's own witness, and is leading.]

A. — it was a hotel on a street down near the depot, in San Jose.

Q. — How far from the depot, and which depot?

A. — •! cannot tell whether it was one, two, or three blocks from the
depot. It was the depot that I took my ticket from to go to San Fran-
cisco.

Q. — State whether at that depot the track is covered by a shed any
distance?

A. — I did not look for the shed; I looked for the cars.

Q. — Do you know upon what street that depot is located?

A. — No, sir, I do not.

Q. — Is there a public park immediately fronting either way from the
dej^ot?

A. — I do not know, sir. I did not look for the park; I looked for the
cars.

Q. — During the last two years how often have you been to San Fran-
cisco through San Jose and took the cars for San Francisco?

A. — Could not tell you how often I have been to San Jose.

Q. — How many times have 3'ou in the last two years got aboard the
cars at the depot j'ou have herein referred to to go to San Francisco?

A. — I cannot tell the number of times.

Q. — Have you more than once?

[Objected to as leading and in cross examination of contestant's own
witness.]

A. — I expect I have.

Q. — Which way from that depot was located the house that Kelley
kept when 3'ou first knew him?

A. — 1 caiinot tell which way from the depot.

Q. — Was he the proprietor of the house?

A. — I do not know whether he was or not.

Q.— AVas it a hotel?

A. — I do not know. There was nothing to drink there.

Q. — Was it a house of entertainment?

A. — Yes, sir.

Q. — Was there a sign ujDon the house?

A. — I do not know.

•Q. — Is Mr. John Kelley a married man?

A-. — I did not see him get married.

Q. — Is there a woman living with him that he calls his wife?

[Objected to as irrelevant, incompetent, immaterial, and unjirece-
dented.]

A. — I have never asked him.

Q. — Do you know that a woman is living in the "What Cheer House
who is reputed to be his wife?

A. — I exj^ect so; I do not know.

Q. — How long atler you sold to him was it that he brought that woman
to Santa Cruz?

A. — She was there before I sold.

Q. — How long before?

A. — I could not tell exactly how long it was.

Q. — State whether or not it was twenty days?

[Objected to by respondent as leading and in cross examination.]

A. — I could not tell how long it was; we were talking about the sale.

T. D. BAETLETT.

[Eespondent now moves to strike out all the testimony of the witness,
Thomas D. Bartlett, upon the ground that the whole subject matter of
his testimony is foreign to any fact or question at issue in these proceed-
ings for the contest of the election of said respondent, Thomas Beck.]

By consent of A. Heath, attorney for contestant, and A. Craig, Esq.,
and W. M. DeWitt, Esq., attorneys for respondent, the further exami-
nation of witnesses on the part of contestant and resj^ondent is continued
to and until the twenty-first day of November, A. D. eighteen hundred
and seventy-one, at nine o'clock A. M.

Santa Cruz, November tenth, eighteen hundred and seventy-one.

E. WELLINGTON,
L. FAKNHAM,

Commissioners.

Santa Cruz, November 21st, 1871 — ten o'clock a. m.

•
By consent of counsel for contestant and respondent, the farther
taking of testimony in the above matter is continued until Tuesday, the
twenty-eighth day of November, A. D. eighteen hundred and seventy-
one, at ten o'clock a. m,

E. WELLINGTON,
L. FAKNHAM,

Commissioners.

Santa Cruz, November 28th, 1871.

Commission met pursuant to adjournment, and, by consent of counsel
for contestant and respondent, the cause is continued until two o'clock

p. M.

E. WELLINGTON,
L. FARNHAM,

Commissioners.

Santa Cruz, November 28th, 1871 — two o'clock p. m.

On motion of respondent, the contestant objecting, it is ordered that
this Commission do now adjourn until November twenty-ninth, A. D.
eighteen hundred and seventy-one, at ten o'clock a. m.

E. WELLINGTON,
L. FAliNUAM,

Commissioners.

TESTIMONY OF JOAQUIN ADAM.

November 29th, 1871 — ten o'clock a. m.

Joaquin Adam, being first duly sworn to testify to the truth, the whole
truth, and nothing but the truth, in relation to the contest hereinbefore
mentioned, testities as follows:

Question — What is your name, age, and place of residence?

Answer — My name is Joaquin Adam; my age is thirty-four years; my
residence is Santa Cruz.

Q. — What is your business or occupation?

A. — Catholic priest, and parish priest of Santa Cruz Parish.

Q. — As such parish priest are you the keeper or custodian of the
parish register?

A. — Yes, sir.

Q. — Where now is that j^arish register?

A. — I have it here before the Commission.

Q. — Is that parish register a record of births and baptisms of children
born in this parish?

[Objected to by respondent, on the ground that it is secondary, and
that the register is the best evidence of the fact.]

A. — Yes, sir.

Q. — Does this parish register contain a record of baptisms and births
extending back from this time a period of about twenty-one years?

[Objected to by respondent, on the ground that it is secondary and
not the best evidence.]

A. — Yes, sir.

Q. — Please refer to the register and see if there is an entry of the
baptism or birth of Jose Buelna, made and entei'ed about the year A. D.
eighteen hundred and fifty-one.

A. — There is a register of the baptism and birth of Jose Buelna.

Q. — Please read the entry as you find it in the parish register.

A. — " On the first of November, of this year, I baptized solemnly, and
I put the holy oils and chrism to a boy, born on the same day, to
whom I put for name Jose de Los Santos de Atocha, son of Eamon
Buelna and Eataela Perez. His sponsors were Jose Chappel and Maria
Josefa Soto, husband and wife, to whom I adverted their duty and signed
my name."

Q. — This entry purports to have been made on the first day of Novem-
ber. Now, in what year was this as shown by the register?

[Objected to by the respondent, on the ground that it is leading, and

on the farther ground, that it is secondary, the entry itself being the
best evidence as to when it was made.]

A. — It was made in the year A. D. eighteen hundred and fift}^.

Q- — In j'our hist answer, did you road from the j^arish register?

A. — Yes, sir,

Q. — In what hinguage are the entries made in said register?

A. — In the Spanish language.

Q- — Are 3'ou acquainted with the Spanish and English languages?

[Objected to bj^ respondent, on the ground that it is in cross examina-
tion of contestant's own witness.]

A. — Yes, sir.

Q- — Are 3'ou well enough acquainted with them to translate from
Spanish into English, and vice versa?

A. — I think so.

Q. — Is the translation from the register in reference to Jose de Los
Santos de Atocha Euelna, a full, true, and correct translation of the
entry as you find it in the register?

A — Yes, sir.

Q- — Are you acquainted with Jose de Los Santos de Atocha Buelna,
the subject of said entry?

A. — 1 may have seen him, but I am not certain.

Q. — Can you explain why de Los Santos de Atocha appears after the
name of Jose in said entry?

[Objected to by respondent, on the ground that pnrol evidence is not
admissible to coiitradict or change a written record, and on the further
grounds that it is secondary, that the eutrj^ itself is the best evidence of
what it contains.]

A. — Yes. De Los Santos is because he was born on the first of
November, on which day the Catholic church celebrates the feast of All
Saints.

Q- — Is de Los Santos de Atocha any part of the name of the subject
of said entry?

[Objected to by respondent, on the ground that parol evidence is not
admissible to vary or change the record herein; that the record is the
best evidence of what it contains or sets forth, and f«i'ther, that the
question is leading.]

A. — Yes, sir.
_, Q. — Are not such entries as the one in question commonly made to
indicate that the child was born on a particular saint's day, or that he
owes a particular devotion to some saint, and that the suffixes or
affixes are never used or considered to be a part of the subject's name, as
ordinarily used by him, in after life?

[Objected to by respondent, on the ground that it is in cross examina-
tion of contestant's own witness; and on the further ground, that parol
evidence is not admissable to contradict or vary a record; and on the
further ground that the evidence is secondarj^, and the entry in the
register herein having been translated by a witness, shows what it is.]

A. — It is a custom amongst the Californians to give two or three
names of different saints, when the child is baptized; the custom in after
4ife is generally to sign themselves by the first name, and sometimes
they take the first and the second.

CROSS EXAMINED.

By Respondent — Is not the child luiinoil at the time of its baptism?

A. — Yes, sir.

Q. — Is not the name de Los Santos do Atoelia as much a portion of the
child's name s^^oUcn of in the entry in the parish register as the name
Jose?

A.— Yes.

Q. — Then Jose do Los Santos de Atocha is the name of the child
named in the entry which you have read?

A. — Yes, sir,

Q. — Arc there any dates in the entry of the parish register made
therein at tlie time of the baptism of the child sj^oken of?

A. — Y'^es, there is a date.

Q.— AVhat is that date?

A. — First of November of this year.

Q. — Is there any year named in the entry of said parish register?

A. — There is no year named in that particular entry.

Q. — Is there any other entry made in the parish register of the Parish
of Santa Cruz with regard to the time of the birth and baptism of Jose
de Los Santos de Atocha than the particular entry of which you have
Bj)okeu ?

A. — No, sir.

Q. — By whom was that entry made?

A. — By J. Antonio Auzar.

RE-DIRECT EXAMINATION.

Q. — Is there anything in the parish register to indicate with certainty
the year in which the various entries of births and baptisms were made?

A. — Yes, there is.

Q. — Please explain how j^ou ascertain with certainty the year in
which such entries were made?

A. — The entry which comes immediately after the one in question
expresses the year, and several of the others before it express also the
year.

CROSS EXAMINATION RESUMED.

Q. — The entries of which you have spoken of as having the date and
year following them are entries with regard to other matters, having no
connection with the entry as to the birth and baptism of Jose de Los
Santos de Atocha?

A. — It has no direct connection; but it has an indirect connection,
because the register puts down the names of the children in chronolo-
gical order.

Q. — Was the next entry made on the parish register foilowing the
entry as to the birth and baptism of Jose de Los Santos de Atocha made
on the same day of the above entiy?

A. — No, sir.

JOAQUIN ADAM, C. P.

DEPOSITIOI^ or J. S. CHAPMAK

J. S. Chapman, beini^ first duly sworn to testify to the truth, the whole
truth, and nothing but the truth, in relation to the contest hereinbefore
mentioned, testifies as follows:

Question — State your name, age, and place of residence?

Answer — My name is J. S. Chapman; my age is forty-seven years;
my residence is Watsonville, Santa Cruz County, California.

Q. — Are you acquainted with Nelson Streuve and Thomas Kerns?
If yes, how long, and where have you known them?

A. — I am acquainted with both of them, more particularly with
Nelson Streuve. I have known them in Watsonville, Santa Cruz
County; Streuve since eighteen hundred and sixty-fiv6; Kerns since
eighteen hundred and sixty-eight.

Q. — State, if 3'ou know, what the political character of Nelson Streuve
and Thomas Kei-ns is generallj^ reported to be, and to what j^olitical
party, if any, they were generally reported to belong at the time of the
last general election held in this State, on September sixth, eighteen
hundred and seventy-one.
** A. — Democratic.

CROSS EXAMINATION.

Q. — Where does Nelson Streuve reside?

A. — I believe he resides in Monterey County. I do not know certain.

Q. — Do you not know that Nelson Streuve has resided in the County
of Montere}^ for over two years last past?

A. — I think so.

Q. — Do you not know that there is more than one Nelson Streuve in
the County of Monterey, and in the vicinity of Watsonville?

A. — I do not; I never ^yas acquainted with but one Nelson Streuve.

Q. — And that is the one now living in the County of Monterey?

A. — The one that I believe to live in Monterey County.

Q. — Have you not heard the Nelson Streuve, who resicles in Monterey
County, say since the election that he (Streuve) voted for Thomas Flint,
the contestant herein?

A. — I am satisfi^ed that I have not seen Mr. Streuve since the last elec-
tion; if I have I don't recollect it.

Q. — Has it not been reported to you, by his neighbors, that he voted
for Thomas Flint?

A. — It has not.

Q. — To what political party do you belong?

A. — The anti-subsidy liei^ublican party.

DIRECT EXAMINATION RESUMED.

Q- — Do you know that Nelson Streuve was a resident of Monterey
County on the sixth day of September, eighteen hundred and seventy-
^one?

A. — I am not certain, but I believe he was.

J. S. CHAPMAN.

TESTIMONY OF WILLIAM WILSOX.

'\Villia:\i Wilson, being first duly sworn to testify to the truth, the
whole truth, and nothing but the truth, in relation to the contest herein-
before mentioned, testifies as follows:

Question — What is your name, age, and place of residence?

Answer — My name is William Wilson; my age is thirty-six years;
my residence is in the Town of Santa Cruz, County of Santa Cruz.

Q. — Are you acquainted with Joso BiTclna, who has already testified
before this Commission on behalf of the contestant?

A. — I am.

Q. — Is he the same Joso Buelna who is the subject of the following
entry in the j^arish register of Santa Cruz, of the Parish of Santa
Cruz: " On the first day of November of this year I baptized solemnly,
and I put the holy oils and chrism to a boy born on this same day, to
Avhom I ])ut for name Jose de Los Santos de Atoeha, son of Eamon
Buelna and iiafaela Perez, Avhose sponsors were Jose Cappcll and Maria
Josefa Soto, husband and wife, to whom I adverted their duty and signed
my name? "

A.— Yes; he is the same person.

Q. — Do 3'ou know if Jose Buelna voted at the general election held in
this Stale on September sixth, eighteen hundred and seventy-one?

A. — Yes; I know that he voted.

Q. — Did Jose Buelna ever inform you, or any person in your hearing,
that at said election he voted for any person for Senator for the Sixth
Senatorial District of the State of California, composed of the Counties
of Santa Cruz and Monterey; if yes, whom did said Jose Buelna state
that he voted ibr?

[Objected to by respondent as leading and incompetent.]

A. — I asked, after the election, who he voted for; he told me that he
• voted the straight Democratic ticket. I asked him if anybody scratched
any names off his ticket, and he said no, he voted the whole ticket
straight.

CROSS EXAMINATION.

Q. — Did you see him vote?

A.— I did.

Q. — Did you not hand him a ticket to vote? ,

A. — No, I did not.

Q. — Who did give him his ticket?

A. — I don't know.

Q. — What was the color of the ticket he voted?

A. — I don't know; I saw the ticket in his hand, and tried to get him
back so as not to vote it.

Q. — What color was the ReiDublican tickets voted on that day?

A. — I don't remember the color of the tickets voted on that day.

Q. — Do you not know that the Ilepublican tickets voted on that day
were red and the Democratic tickets were white?

A. — I don't remember what color they were; they might have been
red or black.

Q. — Do you not know the Democratic tickets were white?

A. — I don't know it; I did not have one in my hands.

Q. — Toll us how it is you recollect so well that Jose Buelna had a
ticket in his hand at the polls and don't know the color of the ticket, or
the colors of the tickets used by the respective political parties on that
day?

A. — I remember his going to the polls; he had a ticket rolled up in his
hand; I did not suppose it was a piece of blank paper.

Q. — Wliat did he do with that paper?

A. — He passed it to the man Avho stands at the ballot box, and be put
it into the ballot box.

Q. — Who else was present when you asked Jose Buelna how he
voted?

A. — Xobody but myself and him.

Q. — Do you not know that Jose Buelna voted for Eomualdo Pacheco?

A. — ISTo. sir, I do not know for whom he voted; he told me he voted
the Democratic ticket, and that is all I know about it.

Q. — AVhen was this conversation between you and Buelna?

A. — .About three weeks after the. election; I asked him how he voted.

Q. — To whom did 3'ou communicate this conversation?

A. — I don't know that I told anjdjody.

Q. — Do 3'ou swear that you did not tell anybody?

A. — ISTo, I don't swear, because I may have told somebody, but I don't
remember it.

Q. — AVhat are your politics?

A. — ^I never voted anything but the Eepublican ticket in my life.

Q. — Did you or did you not run a wagon or carriage for the Eepub-
lican.party on election day?

A. — No, I (lid not run a wagon or carriage; I went down to the beach
twice for the man who was running a wagon.

Q. — AVas not this conversation j'ou had with Buelna after the last
election?

A. — I don't remember whether I said anything to him after the last
election or not.

Q. — AVhat is the full name of Jose Buelna?

A.^ — Jose de Los Santos de Atocha Buelna.

Q — You have stated in your examination in chief that this same Jose
Buelna was the same party named in the parish register; how do you
know that fact?

A. — All I know, there is no other man of the same name of the same
father and mother.

Q. — Can you read and write?

A. — Yes, I can read and write in my own language.

Q. — Did you ever read the entry made in the parish register of the
baptism and birth of Jose de Los Santos de Atocha Buelna?

A. — No, I never did.

Q. — Then, if you never read the entry made in the parish register,
how do you know that the Jose Buelna of which you have been testify-
ing is the same Jose Buelna to which that entry relates?

A. — I know it because his name is there.

Q. — How do you know his name is there?
1 A. — Because the i^riest told it to me.

Q._AVhen?

A. — The very day of the election.

GUILLEEMO AVILSON.

TESTIMONY OF HIRAM A. IMAS.

Hiram A. Imas, being first duly sworn to testify to tlie truth, the
whole truth, luul nothing, but the truth, in relation to the contest herein-
before nieuLioued, testifies tiB Ibllows:

Question — What is your name, age, and place of residence?

Answer — My name is Hiram A. Imas; my age is seventy years; my
residence is at Santa Cruz Count}^ State o-f California.

Q. — Are you acquainted with C. A. Imas, now living in Monterey
Count}'? If yes, how long have you known him?

A. — Yes; about forty-four years.

Q. — Slate, if you know, what the political character of C. A. Imas is
generally reported to be; and to what political party, if any, he was
generally reported to belong at the time of the last general election held
in this State on September sixth, eighteen hundred and seventy-one?

[Objected to by respondent, on the ground that it is irrelevant; it
appearing that the said C. A. Imas lives in the County of Monterey, and
this being a contest in the County of Santa Cruz.]

A. — He belongs to the Democratic party; I suppose he did on the
sixth of September, eighteen hundred and seventy-one; he was always
a Democrat.

CROSS EXAMINATION.

Q. — Do you know -where said C. A. Imas was born?

A. — Y'es, sir; he was born in Galena, lUijiois, United States of America.

Q. — Do you know how long said C. A. Imas has been a resident of the
State of California?

A. — He came here in eighteen hundred and forty-six, and has lived in
this State continuously ever since.

Q. — Do you know how long said-C. A. Imas has been a resident of the
County of Montei'cy.

A. — Fifteen years last- past, continuously in the same place.

H. A. IMAS.

TESTIMONY OF JAMES O. WANZEE.

James O. Wanzer, being first duly sworn to testify to the truth, the
whole truth, and nothing but the truth, in relation to the contest herein-
before mentioned, testifies as follows:

Question — What is your name, age, and place of residence?

Answer — My name is James O. Wanzer; my age is thirty-four years;
I reside in Santa Cruz County, State of California.

Q. — Are 3'ou acquainted with Thomas Kerns, who has testified before
this Commission on behalf of contestant?

A. — I am.

Q. — Is he the same Thomas Kerns who was indicted and prosecuted

111 the County Court of this county for bciug fraudulently pUiced upon
the Great Eogister of this county?

[0),)jected to by respondent as being incompetent and secondary, the
records bo-ing- the best evidence to prove an inibctinent and the proceed-
ings had, if any, and they have not been offered.]

A. — lie is.

CKOSS EXAMINATION, -

Q. — "Was there ever any Thomas Kerns indicted in the County Court
of Santa Cruz County for being placed fraudulently upon the Crcat Reg-
i&ter of this count}'?

A. — I don't recollect the exact words of the cliarge specified in the
indictment, but I think the indictment was to that effect.

Q. — How long a time elapsed between the day one Thomas Kerns was
examined as a witness before this Commission and the time you saw him
last preceding that date?

A. — I don't know that I have seen him since January, eighteen hun-
dred and sixty-nine.

Q. — Then almost two years elajDsed?

A. — Yes, sir.

Q. — How do you know it is the same Thomas Kerns?

A. — I was in the Court-room Avhen he was arraigned, and during the
proceedings under that indictment.

Q. — Then you do not claim to have ever seen the man but once, and
that was in January, eighteen hundred and sixty-nine, during a term of
Court?

A. — I saw him on different days during that term of Court.

Q. — What interest have you in this controversy?

A. — All the interest that I have in it is to take a cop}'^ of the testi-
mony taken in Santa Cruz County and to get paid for it. These services
are rendered for contestant.

Q. — Have you not other interests; and have you not counseled and
advised with contestant's counsel in the examination of witnesses, and
with the witnesses as to what they would testify in this case?

A. — I have no other interest save that of a salaried^clerk. I have to-
day conferred with one witness, and by consent of respondent's counsel,
asked another witness a question on the stand. I may have, in the
capacity aforesaid, counseled and advised with contestant's counsel.

Q. — Have you not done more than you have stated; and did you not
go from Santa Cruz to Watsonville on business partly connected with
this contest; and did you not converse with prominent Republicans, resi-
dents of Watsonville, in regard to witnesses — who they were and what
they would testify?

A. — I have never been to Watsonville upon any business connected in
any manner with this contest, and I have not conversed with residents
of Watsonville in regard to the witnesses — who they were and what
they would testify to.

JAMES O. WANZEE.

TESTIMONY OF ALBERT BROWN.

Albert Brown, being first duly sworn to testify to the truth, the
whole truth, and nothing but the truth, in relation to the contest herein-
before mentioned, testifies as follows:

Question — "What is youi' luiine, ai^e, and place of residence?

Answer — My uunie is Albert Brown; residence, Santa Cruz; age,
thirL^'-seveu.

Q. — What is j'our occupation? •

A. — Count}- Clci'k of Santa Cruz County, and ex officio Clerk of the
Board of Supervisors.

Q. — As such ex officio Clerk, have you possession of the returns of
election held September sixth, eighteen hundred and seventy-one, made
to tiie Supervisors by the Judges and Inspectors of the various election
precincts in this county?

A. — I have as County Clerk.

AVhcre is the list of voters who voted at the election held September
sixth, eighteen hundred and seventy-one, in Pajaro Precinct, Santa Cruz
County, as returned by the Election Board of said precinct to the Board
of Supervisors.

A. — 1 have the list with me here.

Q. — Please examine the list, and state if the following persons are
returned as having voted in that precinct on the sixth of September,' eigh-
teen hundred and seventy-one, viz: William H. Morris, Thomas Kerns,
James Oliver, Addison Moore, and William Morris?

[Objected to by respondent.]

A. — I find the names of W. H. Morris, T. Kerns, A. Moore, William
Morris, and J. Oliver.

Q. — Have you also with you the voting list of Santa Cruz Precinct?

A. — I have.

Q. — Please examine said list, and state if you find names returned
thereon as having voted on the sixth day of September, eighteen hun-
dred and seventy-one, in Santa Cruz Precinct, as follows, to wit: John
Kellcy and Jose Buelna?

A. — I find the names of J. Kelley, Jose Buelna, and John Kelley.

Q. — Have you with you the Great .Register of Santa Cruz County?

A. — Yes, sir; I have.

Q. — Please examine said Eegister, and state if ,you find thereon the
names of W. H. Morris, William Morris, Jose Buelna, John Kelley, T.
Kerns, and Nelson Streuve?

A. — I find the names of John Kelley, Thomas Kerns, and Jose Buelna;
I do not find the names of W. H. Morris, or William H. Morris, or Nel-
son Streuve.

Q. — Examine the Great Register, and if the following names appear
thereon give the date of their registration, respectively: James OUver,
Addison i\[oore, Jose Buelna, and John Kelley.

A. — I find that James Oliver was registered August thirty-first, eigh-
teen hundred and seventy-one, Addison Moore, August thirty-first, eigh-
teen hundred and seventy-one, Jose Buelna, September fifth, eighteen
hundred and seventy-one, John Kelley, September fourth, eighteen hun-
dred and seventy-one.

Contestant now otfers in evidence a certified transcript from volume
three, page one hundred and fifty-five, of the minutes of the Board of
Supervisors of Santa Ci'uz County, showing the official canvass of votes
cast for Senator of the Sixth Senatorial District, at the general election
held September sixth, eighteen hundred and seventy-one, marked Exhi-
bit "A."

Hespondent objects to the admissibility of the paper purporting to be
a copy of the order and entry of the Board of Supervisors, as the can-
vass of the vote, upon the ground that the original order has not been

offei'ed in evidence, nor its loss shown or attempted to be sliown, snd
the document ottered only purports to be a copy of the Canvass of a part
of the vote, and not the whole, and is not jDroperly certified to.

Contestant also offers a certified transcript of entry in the Great*
Eegister of Santa Cruz County. [Marked "Exhibit B.'"]

[Objected lo bj^ respondent as innnaterial.]

Contestant also otters in evidence a certified copy of an indictment,
and the indorsements thereon, filed in the County Court of Santa Cruz
County, on the eiirhth day of January, A. D. eighteen hundred and
sixty-nine, against Thomas Kerns. Also, certified copies of the entries
in the minutes of said County Court in a cause entitled "The People of
the State against Thomas Kerns." [Marked "Exhibit C."]

[Objected to by respondent as incompetent, the origintd not having
been ottered; and is immaterial, since it shows that a nolle prosequi had
been entered, as appears upon the lace of the instrument ottered; and
upon the further ground that the copy of the minutes of the County
Court contains a ditt'erent name to that contained in the indictment, as
appears upon the face of the papers ottered.

Respondent moves to strike out the testimony of Albert Brown.

CROSS EXAMIXA/TION.

Q. — Your answer to the questions propounded to you in chief as to the
names which you say appear uj^on the list of voters, and upon the Great
Eegister, and also thobu which do not appear upon the Great Register,
is the result of an examination made by you of the records, is it not?

A. — Yes.

Q. — About how long were you examining the records?

A. — About thirty minutes.

Q. — Might it not be possible that you overlooked some of the names
which you say were not found by j'ou on the Great Begsster?

A. — I thiidv not; I looked thorougiily.

Q. — Do you say the name of Wilhani II. Morris appears on the voting
list as having voted?

A.— 'ihe name of W. II. Morris appears there as having voted.

Q. — Wiio was authorize'l in Pajaro Precinct to register and enroll
names ]>rior to the election of the sixth of September, eighteen hundred
and seventy-one?

A. — A. J. Jennings was appointed Deputy Assessor for the purpose of
enrolling the voters, but not to register them.

Q. — Did you not, as County Clerk, recognize A. J. Jennings as having
authority to enroll names?

A. — 1 reeognized him as having authority to enroll names of voters;
but if the proof w^as not sufficient of their legal right to be enrolled, I
did not pluee their names on the Great liegister of the county.

Q. — l)id 3'ou i,ot receive a lai-ge nuTnber of names enrolled by said A.
J. Jennings, both originally and by transfer or certificate, prior to said
election?

A.— 1 <li,'..

Q- — Wlan a certificate, of transfer was sent you by said Jennings,
what indoisement, if any, was generally made thereon by said Jennings? -

A.— 1 don't remember what the indorsements on the certificates were;
but I rcqu.red from him a certified Assessor's enrollment list, and these
certificates or other proofs accomj)anicd it as vouchers.

Q. — Did he not at times send hu'i;-e numbers of certificates to you in
the same envclo|/.''

A.— Yes.

Q. — Mi-iht it not be that some certificates of transfer- received,
indorsed, and sent to you witii others in packayx'S and envelops, were
mispUiced in your office?

A. — There is a possibility that the name miglit have been overlooked
OQ Jennini,^s' list.

Q. — lias your attention not been called to the fact that Mr. William
H. Mori'is' certificate of transfer from Santa Clara County was sent to
you prior to the election by Mr. Jennings in company witli other trans-
fers and papers?

A. — Mr. Jennings told me that he thought he had sent the certificate of
William II. Morris. I made search for it among the files of certificates
and couM not find it.

Q. — Will you please examine the Great Eegister and tell us when
Thomas Kerns was registered?

A. — October twentieth, eighteen hundred and sixty-eight.

Q. — Please tell us whether Thomas Kerns' name has ever been can-
celed on the Great Eegister?

A. — It has not.

Q. — Was his name not upon the printed and certified poll list made
out by you as Clerk and sent to the Board of Eegistratiou of Pajaro
Precinct, an<l certified to by yon?

A. — I did not make out any poll lists; I simply certified that the poll
lists printed for the election of September sixth, eighteen hundred and
seventy-one, were the correct poll lists turnished to me by the difierent
Clerks of the Boards of Eegistration of the different precincts in the
county.

Q. — Was you a candidate for any official position at the election held
on the sixth day of September, eighteen hundred and seventy-one?

A. — I was a candidate for County Clerk.

Q. — On what ticket?

A. — On the Eepublican ticket.

Q. — Then you occupieil the position of Clerk at that time, and was
a candidate for reelection?

A. — Yes, sir.

ALBEET BEOWN.

[Exhibit A.]

ELECTION EETUENS OP SANTA CEUZ COUNTY.

State of California, County of Santa Cru2, )

Monday, September 11th, A. i). 1871. j

The Board of Supervisors met pursuant to adjournment.

Present, Supervisors Jacob Parsons, P. F. Dean, George Anthony, and
the Clerk.

The Board now proceeded to canvass the returns from the several
precincts of the general election held September sixth, A. D. eighteen
hundred and seventy-one, and, upon examination, find the following to
be the votes cast for all officers voted for at said general election:

FOR STATE SENATOR.

PRECINCTS.

Thomas Beck.

Thomas Flint.

New Tear Point

19
100

36
337
120
204

San Lorenzo

Scotts Valley

Santa Cruz

452

Soquel

147

Paj aro

270

Corralitos

Totals

875

1,094

Albert Ilagan appearing before the Board and demanding- a recount ,
of each election precinct on the office of joint Senator, the Board
recounted the votes of all the precincts in the county, and find the vote
to be as follows, viz:

For Thomas Flint, for State Senator 1,094 votes.

For Thomas Beck, for State Senator... 875 votes.

State of California, ")

County of Santa Cruz. J

ss.

I, Albert Brown, County Clerk of the County of Santa Cruz and ex
officio Clerk of the Board of Supervisors thereof, do hereby certify that
the foregoing is a full, true, and correct copy of an etitry made in the.
minutes of said Board, as the same remains of record in volume three,
page one hundred and filty-five and following.

-I SEAL, i

As witness, my hand and the seal of the County Court,
this twenty-eighth day of November, A. D. eighteen
hundred and seventy-one.

ALBEET BEOWN,

County Clerk.

[Exhibit B.]

GEEAT EEGISTEE, SANTA CEUZ COUNTY.

Number, two thousand seven hundred and thirty-one.

Name, Kern, Thomas.

Age, thirL3' years.

Country of Nativity, Ireland.

Occupation, farmer.

Local residence, Pajaro.
Naliiralizetl:

Date, October fifteenth, eighteen hundred and sixty-eight.
Phiee, San Francisco.
By what Court, Fourth District Court.
Date of registration, October twentieth, eighteen hundred and sixty-
eight.

Sworn, sworn.
Canceihition. .

State of California, ,

' ^ ss.

'ruz. j

County of Santa C

I, Albert Brown, County Clerk of the said County of Santa Cruz, do
hereby certify the foregoing to be a full, true, and correct transcript of
entries on the Great Register of Santa Cruz County, made on the appli-
cation of Albert Heath, under and in pursuance of an Act of the Legis-
lature of the State of California, approved March nineteepith, eighteen
hundred and sixty-six, known as the Registry Act.

1--^-^. — > In witness whereof, I have hereunto set my hand and

( I affixed the seal of the County Court of the said County

I ' ' ) of Santa Cruz (being my official seal), at office, this

^- — Y — ' . twenty-eighth day of November, A. D. eighteen hundred

and seventy-one.

ALBERT BROWN,

County Clerk.

This certificate is given for the purpose of canceling the registration

of said , in this county, and to authorize his registration in any

other county of which he may become a resident.

[Exhibit C]

INDICTMENT OF THOMAS KERNS.

In the County Court of the County of Santa Cruz, at its January term,
A. D. eighteen hundred and sixty-nine.

The People of the State of California to Thomas Kerns:

The said Thomas Kerns is accused by the Grand Jury of the County
of Santa Cruz, State of California, by this indictment, found this eighth
day of January, A. D. one thousand eight hundred and sixty-nine, of
the crime of knowingly and willingly causing himself to be registered
in -the Great Register of said county, he not being qualified for such
registration, committed as follows: The said Thomas Kerns, on or about
the twentieth day of October, A. D. eighteen hundred and sixtj^-eight,
at the count3^ and State aforesaid, did knowingly, willingly, fraudu-
lently, and unlawfully cause and procure himself to be registered in the
Great Jlegister of Santa Cruz County, State of California, knowing him-
self not to be entitled to or qualified for such registration, contrary to

the form, force, and effect of the statute in such cases made and provided,
and against the peace and dignity of the peojjle of the State of Cali-
fornia.

JULIUS LEE,

District Attorney.

Name of witness examined before said Grand Jurj', on finding the
foregoing indictment: H. H. Hobbs.

[Indorsed: Filed.]

Monday, January 11th, 1869.

The People of the State v. Thomas Kerns.

The District Attorney and the defendant and his counsel being in
Court, the defendant is now duly arraigned by the Clerk reading to him
the indictment herein, and presenting him with a true cojiy thereof ;
and defendant stating that he is indicted by his right name, he is allowed
until to-morrow morning, at ten o'clock, to plead to said indictment.

Tuesday, January 12th, 1869.
The People of the State v. Thomas Kerns.

This being the time set for defendant to plead to the indictment
herein, defendant, by his counsel, now files a demurrer to said indict-
ment, and a motion to set the same aside, which both being argued and
submitted, the Court overrules said demurrer, defendant, by counsel,
excepting, and the said motion is taken under advisement.

Wednesday, January 13th, 1869.

The People of the State v. Thomas Kerns.

The District Attorney and the defendant and his counsel being in
Court, the Court now overrules the motion to set aside the indictment
in this cause, defendant, by his counsel, excepting; and defendant now
pleads " JSTot guilty," as charged in said indictment.

The People of the State v. Thomas Kerns, Thomas Commody, Thomas Boyle,
Peter Fris, James Tynan, and Thomas Moimhan.

On motion of the District Attornej', in the above named causes, it is
ordered that a nolle i:)roscqui be entered in each, and that they be dis-
charged from custody, and go hence without day; and it is further

ordered tluit the names of the aforesaid defendants bo canceled ujion
the (Jreat liegisler of ISanta Cruz County.

ALBERT IIAYAN,

County Judge.
Attest: ir. ir. IIouBS, Clerk.

By James O. "Wanzek, Deputy.

State of California, ")

County of Santa Cruz, j

I, Albert Brown, County Clerk of the County of Santa Cruz, and
ex officio Clerk of the County Court thereof, do hereby certify that the
foregoing is a full, true, and correct copy of an indictment, and the
indoi'SL-ments thereon; also, all the entries in the minutes of said Court
in said cause, entitled The People of the State versus Thomas Kerns.

,■ — '■ — > As witness ray hand and the seal of said Court, this

f I twent^'-eighth da}- of j^ovember, A. D. eighteen hundred

\ ) and seventy-one.

' — . — ' ALBEET BEOWX,

County Clerk.

APPOINTMENT OF COMMISSONERS.

The People of the State of California to John W. "Whitney and Joseph
O. Heritage, Justices of the Peace of the Township of San Juan, in the
County of Montere}^ State of California:

Whei-eas, on the fourteenth day of October, A. D. eighteen hundred
and sevent^'-one, Thomas Flint, a citizen of the United States and of
the State of California, over thirty years of age, now, and for over one
year last past, a voter of the County of Monterey, ia the said Sixth
Senatorial district, tiled in the office of the Clerk of the District Court
of the Third Judicial District of the State of California, in and for the
County of Monterej", his statement, claiming that at a general election
held in the said Sixth Senatorial District, uipon the sixth daj^ of Sep-
tember, A. D. eighteen hundred and seventy-one, one Thomas Beck and
said Thomas Flint, were voted for in the Counties of Monterey and
Santa Cruz for the office of State Senator for the said Sixth Senatorial
District of said State, and that he, said Thomas Flint, received the
largest number of legal votes cast in said district for said office of State
Senator, and a larger number of legal votes than said Thomas Beck;
and that after said election, and within twenty daj's next preceding the
filing of said statement, a certificate of election as such State Senator

was issued by the County Clerk of said Monterey County to said
Thomas Beck, and such certificate is now hehl bj' said Thomas Beck;
and in said statement further chiimiiig, that he, said Thomas Flint, is
duly eligible to said office, and contesting the claim of said Thomas Beck
thereto.

■JS^ow, therefore, in confidence of your prudence and fidelity, I have
appointed and by these presents do aj^point you as Commissioners for
the purpose of taking the depositions of such witnesses as the said
parties to such contest may desire to examine. And I, as Clerk of said
District Court, direct that you do meet at the office of J. W. ^Yhitney,
in the Town of San Juan, in the County of Monterey, on Monday, the
thirteenth day of November, A. D. eighteen hundred and seventy-one,
at ten o'clock a. m. of said day; and that 3'ou then and there diligently
examine all witnesses then and there produced before you upon their
corporeal oath, first taken before you, and cause the said examination
of the said witnesses to be reduced to writing, and signed by each
witness and by yourselves; and after the taking of said testimony is fully
completed, joi\ shall deliver the said depositions so taken before you,
with your certificate thereto attached, together with this j'our said Com-
mission, to the Clerk of the District Court of the Third Judicial District
of the State of California, in and for the County of Monterey.

, — ^ — , "Witness, W. M. E. Parker, Clerk of the District Court of
I SFAT 1 ^^^^ Third Judicial District of the State of California, in

\ ■ j and for the County of Monterey, with the seal of said

' — Y — ' Court hereto affixed, this sixteenth day of October, A. D.

one thousand eight hundred and seventj^-one.

W. M. E. PAEKEE, Clerk.

PEOTEST.

Be it remembered, that pursuant to the commission hereunto annexed,
and on the thirteenth day of November, A. D. eighteen hundred and sev-
enty-one, at the office of J. W. Whitney, in the Town of San Juan, in
the County of Monterey, State of California, before us, J. W. Whitney
and J. O. Heritage, two Justices of the Peace of said Town of San Juan,
duly elected, qualified, and acting as such Justices, and authorized to
administer oaths, personally appeared: Hiram Watson, Detlefl:' Jansan,
Abram Kolman, Eobert M. Carter, William Weathers, John W. Maze,
Gilbert Mulch, John E. Comfort, William Jonas 3[iller, H. M. Hayes,
Samuel W. Smith, Thomas Yost, Diedrich Waltzen, E. M. Mathews,
Charles A. Houston, Peter Crisman, Joseph James Holcomb, Alonzo Hel-
ler, Daniel Walsh, James Cullman, A. J. Gillette, F. M. AVare, Jacob E.
Leese, W. V. McGarvcy, W. M. E. Parker, Henry Crowel, M. B. Bayly,
J. E. Hebbron, J. E. Mosher, J. M. Soto, E. W. Mills, witnesses produced
on behalf of Thomas Flint, the contestant in the above entitled proceed-
ing, who being first, by J. AY. AYhitney, one of said Justices, duly

sworn, then and there examined and interroicated by Albert ITeath, of
counsel I'or the said Thomas Flint, and bj' Andrew Crai^" and W. M.
De Witt, of counsel lor the said Thomas Beck, respondent, and testified
as follows.

Now comes the respondent, Thomas Beck, and moves to dismiss the
statement herein, and suspend all further proceedings herein, ujx)!! the
ground and for the reason that the statement now on tile in the olHce of
the Clerk of the District Court of the Third Judicial District of the
State of California, in and for the Count}'" of Monterey, under and in
pursuance of which this pretended examination is projDOsed to be had
and held, does not state facts sufficient to constitute a statement for the
contest of the election of said Thomas Beck; that it does not state
wherein or how said illegal votes, or a.ny illegal vote, were cast for said
respondent, or by whom they were cast, and does not state facts suffi-
cient to put the respondent on his proofs, or on any proofs, and does not
state that the said respondent is now, and was at the time of making
and filing said statement, the holder of a certificate of election as such
Senator of the Sixth Senatorial District of the State of California, com-
jjosed of the Counties of Monterey and Santa Cruz, issued by the Clerk
of the said County of Monterej^, the officer authorized to issue the
same.

Thomas Flint, the contestant, now objects to the entry of the forego-
ing protest, as made by said Thomas Beck.

November 13th, 1871.

TESTIMONY OP HIEAM WATSON.

Hiram Watson, being first duly sworn to state the truth, the whole
truth, and nothing but the truth relating to the matters in controversy
in the above entitled contest, testifies as follows, to wit:

Question — State your name and age?

Answer — Hiram Watson.

Q. — Have you a middle name?

A. — I have not.

Q. — 'Is there a man in Tres Pinos Precinct by the name of Hiram Nel-
son Watson?

[Objected to as irrelevant and immaterial.]

A. — I do not know.

Q. — Did you not tell me this morning that there was a man by the
name of Hiram Nelson Watson in Tres Pinos Precinct, and tliat at the
time you were subpoenaed by the Deputy Sheriff you told him that you
was not the person he wanted, but that he wanted Hiram Nelson AVat-
son-, and not 3'ou?

[Objected to: first, as being leading and in cross examination of con-
testant's ovvn witness; second, it does not appear from the testimony of
the witness that there is any such precinct as Tres Pinos in existence,
and is therefore wholly irrelevant.]

A. — I did not tell you I knew a man named Hiram Nelson Watson.

Q. — What did you toll me in this room, about ten o'clock this morn-
ing, with roieruucc to your being bubpo^naed as a witness in this pro-
ceeding?

[Objected to by respondent: first, it is leading; second, it is in cross
examination of contestant's own witness; third, is impeaching the con-
testant's own witness.]

A. — I told you that I told the Sherift* that I was not the man; that
that was not my name, same as I told Judge Whitney this morning. I
also told you that I thought 1 had seen letters in the Post Otfice here
for Hiram Nelson Watson.

Q. — State whether you did not say to me in that conversation that let-
ters had been handed yon by the Postmaster in San Juan directed to
Hiram Nelson Watson?

[Same objection as interposed to the last question.]

A. — I did not.

HIEAM WATSOK.

[Eespondent now moves to strike out all the testimony of the witness,
Hiram Watson, on tlie ground that it is foreign to and not in support of
any fact at issue between the contestant and respondent herein.]

TESTIMONY OF DETLEFF JANSAN.

Detleff Jansan, being duly sworn to state the truth, the whole truth,
and nothing but the truth, relating to the controversy in the above enti-
tled contest, testifies as follows:

Question — State your name and age?

Answer — Detleff Jansan; age twenty-nine.

Q. — Where do you reside?

A. — Hollister, Monterey County. •

Q. — State whether you. voted at the general election held on the sixth
day of September, A. D. eighteen hundred and seventy-one, in the State
of California?

A. — I voted.

Q. — State whether you voted for any person for the ofl3.ce of State
Senator in and for the Sixth Senatorial District of the State of California,
com])osed of the Counties of Monterey and Santa Cruz?

[Objected to as incompetent and secondary evidence. The records of
the Board of Jtegistration at the precinct at which he voted and the bal-
lots being the best and only evidence competent to prove such fact.]

A. — Yes, sir.

Q- — In what county and precinct?

A. — Monterey County, Hollister Precinct.

Q. — For whom did you vote for State Senator?

[Objected to upon the ground that it is secondary and not the best
evidence; that it is contrary to the letter, spirit, and intention of section
sixth, Article II, of the Constitution of tlie State of California, and con-
trary to the letter, spirit, and intention of the Act of the Legislature of
the State of California, entitled Election Law in general, and the amend-
ment to Election Law in general, approved April fourth, eighteen hun.

virori and sixty-four, an<l the Acts amendatory thereof' ar,.! siipplcmcrital
thereto, by wliieh tl»e ballot was intended to be kept secret, and the indi-
vidual elector exereisiui^- the privilege of voting Avas alone to understand
and know how he voted. And I'urtlier, it is imniaterial and incompetent,
since it nowhere ap])c'ars that the witness voted illegally.]

A. — If nut coiu])(. lletl to answer 1 shall decline.

Q. — For whom did you vote for State Senator?

A. — 1 decline to answer, because I do not wish to make bad friends
■with either Mv. Flint or Mv. Beck. '

Contestant now asks that the witness be required to answer the ques-
tion, and if he refuses so to do that ho be punished for contempt.

J. O. Heritage, one of the Justices in the case, decides that the witness
shall not be compelled to answer under the provisions of section sixth,
Article II, of the Constitution of the State of California.

J. W. Whitney, one of the Justices in the case, decides that the witness
sliould be compelled to answer the question, as it does not tend to crimi-
nate himself.

CROSS EXAMINATION.

Q. — How long had j'ou been a resident of the State of California imme-
diately next ])receding the said sixth day of Sei^tember, A. T>. eighteen
hundred and seventy one?

A. — Two years and six months continuously.

Q. — How long had you been a resident of said Ilollister Precinct, in
said Count}' of Monterey, immediately next preceding the said sixth day
of September, A. I), eighteen hundred and seventy-one?

A. — Over nine months continuoush^

Q. — Are you a citizen of the United States of America, and if .yes, was
you a citizen of the United States at the time you come to saiil Ilollister
Precinct?

[Objected to.]

A. — I am a citizen of the United States, and w^as at the time I came to
Hollister Precinct.

DETLEFF JANSAK

On motion of contestant, the further taking of testimony is now
adjourned until ten o'clock A. M. to-morrow, to wit: the t'ourteenth day
of JSiovember, A. D. eighteen hundred and seventy-one.

IS'OVEMBER 14th, 1871.

TESTIMONY OF ABEAM KOLMAK

Abtiam Kolrian, being first duly sworn to state the truth, the whole
truth, and ncnhing but the truth relating to the matters in controversy
in the above entitled contest, testifies as follows, to wit:

Question — State your name and age?
Answer — Abram Kolman, twenty-three next April.
Q. — State whether j-ou belong to the Democratic party or the Ecpubli-
can party?

[Objected to as leading, incompetent, and immaterial.]

A. — I do not belong to either party, sir.

Q. — Do you know that tht/re are two or more political parties in the
United States of America?

[Objected to as immaterial.]

A. — I do, sir.

Q. — State the names that such political parties are known by?

[Objected to as irrelevant, immateriul, and iucom2:)etent to prove any
fact at issue in these proceedings.]

A. — One, I believe, is known as the Ecpublican and the other as Demo-
cratic.

Q. — Since jon became twenty-one years of age have you voted at any
general election held in the State of California?

[Objected to as irrevelant and leading.]

A. — There has been but one held since I have been of age.

Q. — Since you became twenty-one years of age have you voted at any
general election held in the State of California?

A. — I do not think I feel disposed to answer that cj^uestion.

QUESTIONS BY THE COMMISSION.

Q. — Give your reasons for refusing to answer the question?

A. — Because I believe it is the avowed intention of the contestant that
there has been illegal voting, and if so let them prove it by some one
else and not me.

[Commission decide that Avitness must answer question number six.]

A. — I have.

Q. — When and where?

[Objected to as secondary; the records of the Clerk and Board of
Eegistration being the best and only evidence to j^rove the fact.]

A. — At irdlister, Monterey County, on the sixth day of September,
eighteen hundred and seventy-one.

Q. — State the ticket of the political party that you voted on that day?

[Objected to as incompetent and irrelevant.]

A. — That is another question I would not like to answer.

Q. — State the ticket of the political party that you voted on that day?

A. — I am very sorry, but I can't..

[Contestant asks the Commission to require the answer to the ques-
tion, and if the witness refuses, that he be punished by fine or imprison-
ment.]

Order of Commission. — It is decided that the witness must answer or
be fined twenty dollars, or imprisonment for one d&y.

By Commission. — After the order was made, the witness having con-
sented to answer the question, the order for punishment is vacated.

A. — I voted a split ticket.

Q- — State whether you voted for more Democrats than Ecpublican s
on that day?

[Objected to as incompetent and immaterial.]

A. — Yes, sir.

Q. — Have you had any conversation with Messrs. Craig and De Witt,
Thomas Beck, and Mr. W. F. White since you have arrived in San Juan
on yesterday?

[Objected to as immaterial and impertinent.]

A. — Yes, sir. I have had conversation with Messrs. Craig, De Witt,
and Beck, and Mr. White.

Q. — Puriii*^ the conversation you had with those gentlemen (li<l tliey,
or eitlier of them, suggest to you the manner that j'ou should answer the
questions to be pro})ounded to you by contestant's attorney in this pro-
ceeding? *

[Obj(.'Cted to upon the same grounds interposed to the last question.]

A. — Would not like to answer, if I can help it.

Q. — In making your answers heretofore to the questions propounded
to you, have you been govoi-ned by suggestions from either of the
gentlemen named b}' me in the twelfth interrogator}' herein?

[Objected to. It being a cross examination of contestant's own wit-
ness, seeking to impeach and discredit his own witness, brought here
under and by virtue of process issued by contestant as a witness iu this
case, and is impertinent.]

A. — Xo, sir, I have not.

Q. — In your answer to the ninth question asked 3'ou, did not one of
the counsel for respondent advise with you as to whether you sliould
persist in your refusal to answer that question?

[Same objection as interposed to the last question.]

A. — No, sir.

Q. — Did not Mr. Craig say to you, in presence of this Commission, that
if 3'ou answered the question it avouUI not show for whom you voted, or
words to that effect, iu presence of counsel for contestant, openly.

A. — No, he said it publicly and to the Commission.

Q. — At the election held on the sixth day of September, A. D. eighteen
hundreil and seventy-one, did you vote for any person for Senator of
the Sixth Senatorial District of tb«e State of California, composed of
the Counties of Monterey and Santa Cruz?

[Objected to as incompetent, as secondary, and not the best evidence
by which to establish the fact.]

A. — I believe I did.

Q. — For whom did you vote?

[Objected to upon the same grounds contained iu the written objec-
tion interposed to the sixth question propounded to the witness Detletf
Jansan. See Jausan's deposition.]

A. — I do not propose to answer unless compelled to.

CROSS EXAMINATION.

Q. — HoAV^ long had you been a resident of the State of California imme-
diately next preceding the sixth day of September, A. D. eighteen
hundred and seventy-one?

A. — Nearly twenty years.

Q. — How long had you been a resident of said Ilollister Precinct, in
said County of Monterey, immediately next preceding said sixth day of
September, A. D. eighteen hundred and seventy-one?

A. — About ten months.

Q.— Are you a citizen of the United States of America, and if yes,
was you a citizen at the time you came to said Ilollister Precinct?

[Objected to.]

A. — I am, and was at the time.

ABEAM KOLMAN.

TESTIMONY OF ROBERT M. CARTER.

Robert M. Carter, being duly sworn to state the truth, the whole
truth, and nothing but the truth, relating to the controversy in the
above entitled contest, testifies as follows, to wit:

Question — State your name and age? «

Answer — Robert M. Carter; thirty-six years old next July.

Q. — Did you vote at a general election held in the State of California
on the sixth day of September, A. I), eighteen hundred and seventy-one.

[Objected to upon the ground that there is no proper foundation lai/1
for the interrogatory; that it is secondary and not tlie best evidence by
which to establish the fact, and tends to elicit from contestant's own
witness au answer which should be established by testimon^'^ other than
the witness himself, and seeks to compel him to divulge that which is to
him sacred, and ought to be secret.]

A.— I did.

Q._Where?

A. — San Lorenzo Precinct, Monterey County.

Q. — Did you vote for the office of State Senator in and for the Sixth
Senatorial District of the State of California, composed of the Counties
of Monterey and Santa Cruz?

[Same objection as made to last question.]

A— I did.

Q. — For whom?

[Objected to upon same grounds contained in the written objection
interposed to the sixth question propounded to the witness Detleff
Jansan. See Jansan's deposition.]

A. — For Thomas Beck.

CROSS EXAMINATION.

Q. — How long had you been a resident of the State of California next
preceding the said sixth day of September, A. D. eighjieen hundred and
seventy-one?

A. — Since eighteen hundred and fifty-two, and have never been out of
the State over six months at a time, and was three years continuously
next preceding the said sixth day of September, eighteen hundred and
8eventy»one, a resident of Monterey County.

Q. — How long had you been a resident of San Lorenzo Precinct imme-
diately next preceding the sixth day of September, A. D. eighteen hun-
dred and seventy-one?

A. — Three years continuously.

Q. — Are you a citizen of the United States of America, and if yea,
were you a citizen of the United States of Amei'iea when you came to
said_San Lorenzo Precinct?

[Objected to.]

A. — Yes, sir; [ am a citizen of America and always have been.

Q. — Prior to your voting on the sixth day of September, A. D. eighteen
hundred and seventj^-one, did you examine either the Cieat Register of
the Count}^ of Monterey or the written or printed poll lists of said San
Lorenzo Precinct for the purpose of ascertaining whether or not you
were regularly registered or enrolled thereon?

[Objected to.]

A. — I never examined the Great Register; I was transferred from
Fresno County to this county perhaps a month previous to the election;
don't recollect exactl}' the time; might have been longer, perhaps two
or three months; I did examine the written poll lists, and my name was
there prior to my voting.

Q. — When you received your transfer from Fresno County, about
which you have testified, what did you do with it?

[Objected to.]
- A. — Wlien 1 received my transfer from the Clerk of Fresno County
I brouglit it down and gave it to Mr. Wall, of Salinas City, ami ho sent
it to the Clerk of the county for me to be put on the Register.

Q. — Did you receive any return or reply from the Cleric, or any infor-
mation'tbat you were upon the Great Register prior to said election?

[Objected to.]

A. — I did not from the Clerk; Mr. Wall told me that I was on the
Great Register, and I found ray name upon the poll list.

Q. — Do you know to what political party the then Clerk of Monterey
County belonged?

[Objected to as irrelevant, immaterial, and redundant.]

A. — Yes, sir; I knew he was a Republican.

DIRECT EXAMINATION RESUMED.

Q. — At the time you handed your certificate of transfer to Mr. Wall,
as you described, was he acting as Deputy County or Enrolling Clerk in
this county, or Deputy Assessor?

A. — I think not, sir; do not know that he was.

ROBERT M. CARTER.

TESTIMONY OF WILLIAM WEATHERS.

William Weathers, being duly sworn to state the truth, the whole
truth, and nothing but the trutli, relating to the controversy in the
above entitled contest, testifies as follows, to wit:

Question — State your name and age?

Answer — William Weathers; over thirty six years old.

Q. — Did 3'ou vote at the general election held in the State of Cali-
fornia on the sixth day of September, A. D. eighteen hundred and sev-
enty-one?

[Objected to upon the same ground as contained in interrogatory
number two, under the deposition of Robe»t M. Carter. See Carter's
deposition.]

A.— I did.

Q. — Did you vote for any person for Senator of the Sixth Senatorial
District of the State of California, composed of the Counties of Mon-
terey and Santa Cruz.

[Objected to upon the same ground as objection interposed to question
number six, propounded to Detleif Jansan. See Jansan's deposition.]

A. — I cauiiot be positive that I did; did not notice tlie ticket down;
noticed tlie head of the ticket.

Q. — Are 3'ou aware of the political complexion of parties in the State
of California?

[Objected to as immaterial and tends to jirove no fact at issue.]

A. — I do not know that I understand the question, and can't answer.

Q. — How many political parties are there in the State of California,
and what are their names?

[Objected to first as immaterial, leading, and total want of foundation,
it not having apj^eared that the witness knows.]

A. — I su]>pose there is two that I know of; one is the licpublicau
j)arty, and the other is the Democratic part3^

Q. — Do 3'ou know who the candidates were of the two parties you
have named of the respective parties for the office of Senator of the
Sixth District of California?

A. — I sujtpose I do; Thomas Beck and Mr. Flint.

Q. — State whether you voted a Democratic or Republican ticket at
that election?

A.— The ticket I think I voted I suppose to be a Democratic ticket.

Q. — Can you read and write?

[Objected to as immaterial.]

A. — I can read a little, and can write a little.

Q. — Did you read the ticket 3'ou voted on the day of election?

A. — I read a small portion of it.

Q. — What names do you now recollect of having seen upon your
ticket?

[Objected to.]

A. — I noticed the head of the ticket; noticed it was a Democratic
ticket; noticed Haight's name, and one or two more; do not now recol-
lect who they were.

Q. — "Was there an}' writing upon the ticket that you voted?

[Objected to as irrelevant and immaterial.]

A. — I could not jiositively say there was.

Q. — Had there been a name crossed off from the ticket that you voted,
and another one inserted in writing or b}' jDasters^ would you have
seen it?

[Objected to as immaterial.]

A. — It is likely I would; I did not notice anj'thing of the kind.

CROSS EXAMINATION.

Q. — How long had you been a resident of California immediately ne-xt
precetling the sixth day of September, A. D. eighteen hundred and sev-
enty-one.

A. — Three j^ears and four months continuously.

Q. — How long had 3'ou been a resident of Hollistcr Precinct imme-
diatel}' next preceding the sixth day of September, A. D. eighteen hun-
dred and seventy-one?

A. — In the neighborhood of two 3'ears continuous!}'.

Q. — Are 30U a citizen of the United States?

[Objected to.]

A.— I am.

Q- — Was you a citizen of the United States when you came to said
Hollistcr Precinct?

[Objected to.]

A. — I was and always had been. .

Q. — Did you, prior to the said sixth day of ScTiHeraber, A. D. eighteen
hundred and seventj'-one, examine the (ireat Jlegister of the County of
^funtere}', and the poll list of said llollister Precinet, witii the view of
ascertaining whether 3'ou were regularly registered and enrolled thereon.

[Objected to.]

A. — I did not mj-self; I went up to the polls and inquired of the
Clerks of Election if I was a voter; two or three of them looked at mo
and said I was; and then Briggs, one of the Clerks, examined the Cireat
llegister or ])oll list, I cannot say which, and said my name was not on it;
he then saitl that Mv. Hayes (Itcpresentatlve now elect in this county)
could register me, and then I could vote; I saw Mr. Hayes, told him they
had ialled to have my name on the Kegister; Mr. Hayes said: " Go with
me to the office and I will register you." We went to the office; Mr. Hayes
qualified me, then asked my name, and my age, and my native State (as
well as I recollect), and ni}^ occupation; Mr. Haj^es taking this registra-
tion up to the polls with me, handed this registration into the Board or
Clerks of Election; they examined it, and then swore me to the effects
of the deposition; then said I could vote; I then voted.

Q. — Did that Board of Registration or Election swear you as to how
long you had been in HoUister Precinct, if you recollect?

[Objected to as secondar3^]

A. — I am not positive whether they did or not.

Q. — Then you do not know the contents of the affidavit you made
secondly before the Board of .Registration?

[Objected to as secondary.]

A. — i cannot recollect.

Q. — Do you know in what capacity the Mr. Hayes to whom you ap-
plied for your registration was acting?

[Objected to as secondary.]

A. — He was appointed deputy for the purpose of registering names.

Q. — Was Mr. Hayes a candidate at this time?

[Objected to.]

A. — He was.

Q. — Was Mr. Hayes present at the time you voted?

[Objected to.]

A. — He was.

Q. — Was he a Republican or a Democrat?

[Objected to.]

A. — He was a Republican.

DIRECT EXAMINATION RESUMED.

Q. — When you were placed upon the poll list was there any other
affidavit than your own tiled with the Board of Election?

A. — Not to my knowledge.

Q. — Was there any other person sworn at the time except yourself?

A. — I think not.

Q. — Where did you reside before you came to Monterey County.

[Objected to as in cross examination of contestant's own witness.]

A. — In Santa Clara County, California.

Q. — Have you voted in Santa Clara County since the year eighteen
hundred and sixty-eight?

[Objected to as immaterial, as in cross examination of contestant's
own witness, and seeks to impeach his own witness.]

A.— I did.

Q. — In what iDi'ccinct?

[Objected to on the same grounds of objection interposed to the last
question, and that this contest relates to no other election than the elec-
tion of the sixth of September, eighteen hundred and seventy-one, and
that said pretended contest applies only to the election of Thomas Beck,
and that the object of the interrogatory is to try to discredit this wit-
ness on the stand b}'' showing, or attempting to show, tluit he was
registered in some other county of this State, and to show that his own
witness, brought here at his (contestant's) own volition, had perpetrated
a fraud and a crime.]

A. — I am not positive, but think Evergreen Precinct.

Q. — At the time that 3'ou went to Mr. Haj'cs for the purpose of being
enrolled upon the Great Eegister of the County of Monterey did you
hand him any certificate of cancellation from the Great liegister of any
county in the State of California?

[Objected to upon the same grounds and reasons contained in the objec-
tion interposed to the last question, and that this interrogatory develops
the fact of the intention anticipated in that objection, that the contestant
is imjjeaehing his own witness.]

A. — I did not. I told him this: I had sent to Santa Clara County for
a transfer, and my name could not be found on the Great Eegister of
that county.

Q. — State whether you kuoAv positively for whom 3'ou voted for State
Senator?

[Question withdrawn.]

Q. — For whom did you vote for Senator in the Sixth Senatorial Dis-
trict of the State of California, composed of the Counties of Monterey
and Santa Cruz?

[Objected to upon the same ground as objection interposed to question
number six, propounded to Detliff Jansan (see Jansau's deposition), and
the further ground that the contestant is going into his original case.]

A. — I had iiepublican tickets and Democratic tickets. I had got them
mixed in my pocket. This Democratic ticket I noticed when I received
it. I was some distance from the polls. I had put it fti my vest pocket.
I went to the polls taking the ticket out of the same pocket, supposing
it to be the same ticket, and handed it in to the Judge. Atterwards I
found Eepublican tickets in the same pocket, that I had put in, I sup-
pose, some time during the day.

Q- — For whom did you vote for Eepresentative to the general
Assembly?

[Objected to as irrelevant and immaterial.]

A. — As my tickets were mixed I cannot say.

Q. — For whom did you intend to vote for the office of Senator of said
Sixth District?

[Objected to as incompetent, immaterial, calling only for the intention
of the witness, and proves no fact.]

A. — I intended to vote the straight Democratic ticket,

Q. — State whether, on said election day, you circulated ]?epiil)lican
tickets M-ith the name of Thomas Beck for Senator of said dislnet writ-
ten in such ticket, or slips of paper called pasters placed over the name
of Thomas Flint, to be voted by legal voters in liollister Precinct?

[Objected to.]
A.' — I did not, sir.

Q. — 'What were yon doing with those Republican tickets j'ou had in
your ))oc'kol?

[Ohjectcll to; it being a system of cross examination of contestant's
own witness unprecedented.]

A. — They were handed to me by a Repubh"can, a friend of mine,
rather through sport; telling mo I could vote theni if I wanted to. I
had put them in my pocket, I suppose, by finding Republican tickets in
my pocket.

RE-CllOSS EXAMINATION.

Q. — You not having read only the head of 3'our ticket, and having
mixed your tickets with Republican tickets in your pocket, as you have
testified, you cannot state whether the name of Thomas Flint, the con-
testant, or the name of Thomas Beck, the respondent, was upon the
ticket you voted?

A. — I cannot, sir.

WILLIAM WEATHERS.

TESTIMONY OF JOHN W. MAZE.

John W. Maze, being duly sworn to state the truth, the whole truth,
and nothing but the truth, relating to the controversy in the above en-
titled contest, testifies as follows, to wit:

Question. — State your name and age?

Answer. — John W. Maze; thirty-five years old.

Q. — Did you vote at the general election held in the State of Califor-
nia on the sixth day of September, eigliteen hundred and seventy-one.

[Oltjected to as secondary, and not the best evidence.]

A.— I did.

Q. — In what county and precinct?

A. — ^Eonterey County, Hollister Precinct.

Q. — What name did you give to the Board of Election at the time
you handed in your vote?

A. — John W. Maze.

Q. — Did you vote for any person for Senator for the Sixth Senatorial
District of the State of California, composed of the Counties of AEonterey
and Santa Cruz?

[Objected to.]

A. — I decline to answer. I can't swear positivel}^ that I did.

Q. — State how man}'' political parties, if you know, there are in the
State of California?

A. — Do not know that I can say.

Q. — Is there a single political party that you know of in the State of
California?

[Objected to as leading and immaterial.]

A. — I do not know but what there is.

Q[ — What is the name of the party?

A. — I do not know whether there is a single or a double party.

Q. — Do you know the name of any political party which has an or-
ganization within the State of California ?

[Objected to.]

A. — Well, there is a Democratic party and a Republican party, I sup-
pose.

Q. — Did you vote a ticket at that election which was known as the
ticket of eitlier of said jDartics?

[Objected to as leading, incompetentj and no proper foundation laid
for the question.]

A.— I did.

Q._Which party?

A. — I voted, I supj)ose, a Democratic ticket.

Q. — Do you know who were tlie candidates for Senator in and for the
Sixth Senatorial District of the State of California?

A. — Mr. Flint was one, I suppose, and Mr. Eeck was another.

Q. — For whom did you vote for the office of Senator in and for said
District?

[Objected to upon the same grounds and for the same reasons con-
tained in the oljjection to the sixth interrogatory propounded to Detleff
Jansan (see Jansan's deposition); and further, that it no.where appears
that the witness now under examination knows for whom he voted for
such office of State Senator, and therefore no jjroper foundation has been
laid for the question.]

A. — I cannot say that I voted for Beck or for T'lint.

Q. — Can you read and write?

A.— No.

Q. — Have 3'ou got good eyesight?

A. — I have.

Q. — Did you see the face of j^our ticket?

[Objected to as immaterial.]

A. — I cannot say that I did or did not; I don't remember whether I
looked at it or not.

Q. — Who gave you the ticket that you voted on the sixth da}^ of Sep-
tember, eighteen hundred and seventy-one?

[Objected to as immaterial, and in cross examination of contestant's
own witness.]

A. — I do not know that I can say who gave it to me.

CROSS EXAMINATION. ,

Q. — You not being able to read or write, and not having examined
your ticket, and not knowing whose name was thereon, might it not be
that the name of Thomas Flint, the contestant herein, was ujion that
ticket?

A. — It might have been; I don't know whose name was on it.

Q. — How long had you been a resident of the State of California imme-
diately preceding the sixth day of September, A. D. eighteen hundred
and seventy-one?

A. — Eleven years; was away one Winter; about sixj^ears continuously.

Q. — How long had you been a resident of Hollister Precinct, County
of Monterey, immediately preceding the sixth day of September, A. D.
eighteen hundred and seventy-one?

A. — Over twelve months continuously.

Q.— Are you a citizen of the Ujiited States? and if so, were you a
citizen of the United States when you came to said Hollister Precinct
to reside?

[Objected to.]

A. — I am; and was at that time.

Witness: M. G. Elmoee. JOHN W. X MAZE.

Mark.

TESTIMONY OF GILBERT MULCn. .

Gilbert Mulch, beiiiii; dul}- sworn to state the truth, the whole truth,
and nothing- but the truth, relating to the controversy in the above
entitled contest, testifies as follows, to wit:

Question — State your name and age?

Answer — Gilbert Mulch; thirty-five years.

Q. — Did you vote at the general election held in the State of California
on the sixtli da}' of«vSe])tember, A. D. eighteen hundred and seventy-one?

[Objected to as secondary and not the best evidence.]

A.— I di<l.

Q. — In what county and precinct? '

A. — Moiiterej' County, HoUister Precinct.

Q. — At that election did you vote for any person for the office of Sen-
ator in and tor the Sixth Senatorial District of the State of California,
composed of the Counties of 3Ionterey and Santa Cruz?

[Objected to on the ground that there is no proper foundation laid for
the question.]

A.— I did.

Q. — For whom did you vote?

[Objected to upon the same ground contained in the objection to the
sixth interrogatory propounded to the witness Detletf Jansan. See Jan-
san's deposition.]

A. — I decline to answer that question.

Contestant now moves that the witness be punished for refusing to
answer a proper question.

Justice Whitney decides that the witness should be compelled to
answer the question, as'it does not tend to criminate himself.

Justice Heritage decides that the witness shall not be compelled
to answer, under the provisions of section six, Article II, of the Consti-
tution of the State of California.

Q. — At that election did you vote a ticket known as the Democratic
ticket or the Hepublican ticket?

[Objected to as leading and in cross examination of contestant's own
witness.]

A. — I voted a split ticket.

Q. — State whether there were more Democrats than Eepublicans on
that ticket.

[Objected to, as leading.]

A. — I decline to answer; I think I voted the most of them Democratic.

Q. — State the names of the Democrats that you know you voted for?

[Objected to upon the ground that there is no proper foundation laid
for the question, it not appearing that the Avitness knows or can tell
the names of either the Kepublicans or Democrats that he voted for.]

A. — I decline to answer; to name either candidate.

Justice J. W. Whitney decides that the witness should be compelled
to answer the question, as it does not tend to criminate himself

Justice J. O. Heritage decides that the witness shall not be compelled
to answer, under the provisions of section six, Article II, of the Consti-
tution of the State of California.

Q. — Have you had any conversation with the respondent, his legal
adviser, or any other person friendly to the respondent, with respect to

the manner in which you should answer questions propounded to you
by contestant

[Objected to.]

A. — Not any in regard to my own testimony.

Q. — Has there been any conversation in your presence and within
j^our hearing, between either the respondent, his legal advisers, or any
political friend of his, wherein advice Avas given to either A. Kolman,
Detleff Jansan, or John W. Maze, as to the form of their answer to
questions propounded to them, or either of them, by contestant?

[Objected to as impertinent, unprofessional, discourteous, unreasonable,
vindictive, unprecedented, insulting, and is wholly foreign to any ques-
tion at issue herein, and now moves to strike it out.]

A. — Not any advice whatever in regard to their testimony.

Q. — State Avhether or not you were advised to decline to answer for
whom you voted for Senator of said Sixth Senatorial District prior to
your being sworn as a witness in this j^roceeding?

[Objected to as impertinent, and is another abortion.]

A. — I have alwaj's been scholar enough to attend to my own business,
and have never asked anybody to advise me in regard to what I should
testify, and I have taken no advice from any of those gentlemen.

Q. — Has any person said to you that 3'ou were not compelled to say
for whom you voted for the office of Senator of said district?

A. — No i^erson need tell me, for I knew I was not compelled.

CROSS EXAMINATION.

Q. — Did or did not Albert Heath, who now rej^resents the contest-
ant herein, and who has propounded to you the foregoing questions in
the Plaza Hotel, in the Town of San Juan, Montere}^ County, on the
fourteenth day of November, eighteen hundred and seventy-one, in the
presence of John Comfort and James McMahon, say to you that dollars
and cents were no consideration in this contest on the part of Mr. Flint,
the contestant; that he had plenty of sheep, plenty of lambs, and
unlimited money, and that he (A. Heath) had four thotsand dollars now
at his con:wnand, and that the Sheritts of Monterey County and Santa
Cruz County had money enough to defray all incidental expenses con-
nected with the summoning and procuring the attendance of witnesses,
and that he had tried to buj^ or intended to buy, for a consideration,
witnesses enough to carry this contest successful!}' through ; and that
Beck, the respondent, was poor and had no monej', and that he could
and would fr'eeze him out, and ofter witness, indirectly, a consideration
to testify?

A. — I do not know as I had any conversation with the gentleman,
onl}' that he had plenty of money to pay the witnesses and pay for
whisky.

Q- — How long had you been a resident of the State of California im-
mediately next preceding the sixth day of September, eighteen hundred
and seventy-one?

A. — Three years continuously.

Q- — How long had you been a resident of said Hollister Precinct im-
mediately preceding the sixth day of September, eighteen hundred and
sevent3'-one?

A. — Within ten or fifteen daj's of two years continuously.

Q. — Are you a citizen of the United States; and if so, was you a
citizen of tlie United .Slates when you came to Hollister to reside?

[Ol-jeeted to.]

A. — 1 am, and I was.

Q. — Was there or was there not Democratic tickets (so called) in cir-
culation among the electors of said Hollister Precinct on said sixth day
of Sciitember, A. D. eighteen hundred and seventy-one (the election
day), with the name of Thomas Flint, the contestant, written or printed
thereon ?

A. — There were some with the name of Thomas Flint pasted on.

DIRECT RE-EXAMINATIOX.

Bij contestant — Had you more than one conversation with me with
reference to money matters connected with this proceeding on to-day?
• A. — Onl}' one.

Q. — Did you ask me for your fees as a witness in this case?

A. — I told you I had no money and had had no pay for my trouble yet
coming down here as a witness, and he said he had plenty of money to
pay witness fees, and I should get mine.

Q. — Did I not say in that conversation that I would not permit Dr.
Flint to be sued, and have his sheep and lambs attached for the expense
of witnesses in this proceeding; that he had money enough to pay his
witnesses, and I did not desire that he should be compelled to pay the
expense of an attachment suit, and that Tom Beck was a great fool to
attempt to prevent the examination of the witnesses before their fees
were paid, when the}' had not demanded their fees from the Sheriif at
the time tiiey were subpceuaetl.

A. — You said something about not having the lambs and sheep at-
tached, but whether he said Mr. Tom Beck was a fool for preventing,
I did not hear it; he might have said so, and if he did there could not
be anything else expected of one belonging to the Eepublican party.

Q. — Was Mr. John W. Maze present at that conversation?

A. — I believe he was.

Q. — Have I asked you, before you were phaced upon the stand here,
what you would testify to in this proceeding?

A. — No, sir; and nobody else.

Q. — Have I offered you one dollar in money, or any other considera-
tion, for 3'ou to testify in this case?

A. — No, sir.

Q. — Did I mention the Sheriff of Santa Cruz in any conversation that
I have had with you?

A. — No, sir; and neither the Sheriff of Monterey.

Q. — Did I tell yon, in that conversation, that I had four thousand dol-
lars at my command?

A. — No, sir.

GILBEET MULCH.

"On motion of contestant, the further taking of testimony is now ad-
journed until ten o'clock A. M. to-morrow, to wit: the fifteenth day of
November, A. D. eighteen hundred and seventy-one.

November 15tb, 1871.

TESTIMONY OF JOHN R. COMFOET.

John E. Comfort, being dulj^ sworu to state the truth, the "vrhole
truth, iind nothiug but the truth rehiting to the controversy iu the above
entitled contest, testifies as follows, to wit:

EXAMINATION.

By Counsel for Contestant — State your name and age and where j^ou
reside?

Answer — John E. Comfort; forty; San Juan, Monterey County.

Q. — Is there auy other person known to you whose name is John Com-
fort?

A.— No.

Q. — State whether or not you saw Albert Heath, the contestant's
counsel herein, in conversation with Gilbert Mulch in the Plaza Hotel
on the fourteenth day of November, A..D. eighteen hundred and sev-
enty-one.

[Objected to as immaterial and -not as proving or tending to prove or
make out or support any fact averred in the statement of contestant in
these jDroceedings, and is responsive only to question propounded by
respondent in cross examination of contestant's witness (own witness,
Mulch), and for the purpose of relieving the counsel, A. Heath, from the
conspiracy detailed by his own witness.]

A. — I did; that is the man you paid the money to through me.

Q. — How much money?

A. — Six dollars and twenty cents or six dollars and forty cents.

Q. — For what purpose was the money paid, if you know?

A. — He claimed it as witness and mileage fees.

Q. — In that conversation did said Heath say to said Mulch in presence
of James McMahon that dollars and cents were ho consideration in this
contest on the part of Mr. Flint, the contestant; tha* he had plenty
of sheep, plenty of lambs, and unlimited money, and that he, A. Heath,
had four thousand dollars now at his command, and that the Sheriffs of
Monterey County and Santa Cruz County had money enough to defray
all incidental exj^enses connected with the summoning and procuring of
witnesses, and that he had tried to buy, or intended to buy, for a con-
sideration, witnesses enough to carry this contest successfully through,
and that Beck, the respondent, was poor and had no money, and that he
could and would freeze him out?

[Objected to on the same grounds contained in the objection last afore-
said, and the further grounds that it is impeaching contestant's own
witness. Mulch, Avho, in answer to the interrogatory just recapitulated to
this witness, said that at least a part of the conversation did occur.]

A. — The conversation was about paying him money that I heard.

Q. — Did 3'ou hear any such conversation as recited m the last question,
number six.
"" A. — No; I did not hear that.

Q. — State whether I have made auy arrangements with you whereby
you have paid the witnesses here summoned their fees and mileage in
cases where the Sheriti' had not paid them?

A. — You have borrowed money from me for that purpose.

Q. — In answer to question six you say the conversation was about
paying,' the witness money. For what purpose was he to receive that
money iVoni 3'ou?

A. — As I uudcrstoodj for mileag'e and fees.

J. R. COMFORT.

TESTIMONY OF AVILLIAM JONAS MILLEK.

William Jonas ]\[illkr, bcini^ J^^b^ sworn to state the truth, the
Avhoie truth, and nothing but the truth, relating to the controversy iu
the above entitled contest, testifies as follows, to wit:

Question — State your name and age?
Answer — William Jonas Miller; thirty-eight years.
Q. — State whether or not 3'ou voted at a general election held in the
State of California on the sixth day of September, A. D. eigliteeu hun-
dred and seventy-one.

[Objected to as secoudaiy and not the best evidence by which to
establish the I'act.]

A. — I voted at the last election.

Q. — Did you vote a Democratic or Republican ticket?
[Same objection as to last question.]

A. — I voted the Democratic ticket, and split it prett}^ badly.
Q — State the names of the Hepublicaus that you placed upon your
ticket, and for what offices?

A. — I object to answering the question.

Q. — Have you been advised by any person since 3'our arrival in this
place to-day that you could object to answering a question of the pur-
port of the last question?
A. — No, sir.

Q. — To what political party do yon belong?

A. — I belong to the Democratic partj", sir, and voted for men and not
for jiolitics, thougli.

Q. — State if 3"ou know who were voted for for the office of State
Senator for the Sixth Senatorial District, composed of the Counties of
Monterey and Santa Cruz?

A. — I do not know; onl}^ had five minutes time to vote after getting
to the precinct.

Q. — State if you know the name of the Republican candidate for Sena-
tor of this district?
[Objected to.]
A. — Mr. Flint, I suppose.

Q. — State if ,you know who was the Democratic candidate for Senator
of this district?
A.— Mr. Beck.

Q. — In what county and precinct did you vote?
[Objected to.]

A. — Monterey County, Soledad Precinct.

Q. — Did you vote for one or the other of said candidates' named by
you? ,

A. — I did, sir.

Q. — For whom did you vote for for the office of Senator of the Sixth
Senatorial District of the State of California, composed of the Counties
of Monterey and Santa Cruz?

[Objected to on the same grounds and for the same reasons contained
in the objection to the sixth question propounded to Detletf Jansan (see
Jansan's deposition), and that it is a secret jn-ivilege which every elector
has the right to keep to himself]

A.— I voted for Mr. Flint.

Q. — Can you read and write?

A. — Yes, sir.

Q. — From whom did you receive your ticket?

[Objected to as in cross examination of contestant's own witness, and
tends to impeach contestant's own witness and one of his supporters, as
api^ears from his own testimonj'.]

A. — I picked it up off of the table and scratched it and voted.

Q. — Did 3'ou scratch the ticket yourself, sir?

[Objected to as cross examining his own witness.]

A. — Part of it I did, and jmrt of it I did not; Mr. Hiner wrote part of
the names, and part of the names I wrote myself.

Q. — Where does Mr. Hiner reside?

A. — In Soledad Precinct.

Q. — AVhat is Mr. Hiner's given name?

A. — I do not know?

Q. — Is there more than one man of the name of Hiner in Soledad
Precinct?

[Objected to as irrelevant and immaterial.]

A. — Not that I know of

Q. — State whether you know who Mr. Hiner desired to be elected to
the office of Senator of said district?

[Objected to as incompetent, immaterial, and is fishing after somebody
else's opinion.]

A. — I do not know, sir.

Q- — Do you know who placed the name that you voted for for the
office of Senator in and for said district in the ticket th*at j'ou voted?

[Objected to on the ground that it is impeaching and discrediting the
testimony of contestant's owq witness.]

A. — I do not recollect who.

Q.--Is Mr. Hiner a Democrat or a Eepublican?

[Objected to as immaterial.]

A.— A Democrat. W. J. MILLEE.

TESTIMONY OF H. M. HAYES.

H. M. Hayes, being duly sworn to state the truth, the whole truth,
and nothing but the truth, relating to the controversy in the above enti-
tled contest, testifies as follows, to wit:

Question — State your name and age?
Answer — H. M. Hayes; thii-ty-ibur j'ears.

Q. — Are you acquainted with the political sentiments of John Maze,
p. S. Jones, William Wilson, John Wesley Grewell, A. J. llader, John J.

Janett, AVilliam A. Mood}*, Lcaiulcr Emery, Gilbert Mulch, Peter Cris-
mun, Willuun Weathers^ M. B. Bailo}-, X. Kolinan, and James lluducr.

A. Most of them I am, some of them I am not, acquainted with.

Q. — State, sir, to what political party those men belong that are
named in the foregoing question?

[Objected to as imnuitcrial, no i)roper foundation laid for such ques-
tion— it not appearing that the names mentioned in tlic interrogatory
voted at any election or were voters, and proves no fact nor tends to
prove any fact at issue in these proceedings, and moves that it be
stricken out.]

A. — They belong to each party.

Q. — State the names of the persons mentioned in the second interroga-
tory that belong to the Democratic party?

A. — John Maze, E. S. Jones, John Wesley Grewell, William A. Moody —
Ave class him as a Democrat — Gilbert Mulch, Peter Crisman — always
termed him a Democrat, don't know how he votes really — AVilliam
AA^'eathers, M. B. Bailey, A. Kolman^ — he claims to be a Democrat —
James Iludner.

Q. — Do you know any man in the County of Monterey by the name
of Leander Emery.

[Objected to as immaterial.]

A. — I do not.

Q. — AA'"here do you reside?

A. — Hollister Township, Monterey County.

Q. — State whether you have held a county office during the past two
years. If yea, what office, and where have you resided during that
time?

[Objected to as immaterial.]

A. — Have, held the office of Count}^ Surveyor of Monterey County,
and resided in Hollister Township, same count}^.

Q. — At the election held on the sixth day of September, A. D. eighteen
hundred and seventy-one, in the State of California, were 3'ou a can-
didate for office? If yea, what office?

A. — For Assemblyman.

Q. — As such candidate did you inquire as to the j)olitical sentiments
of the persons that have been named in question two?

[Objecte<l to as incompetent.]

A. — Yes, sir, all information I could get in regard to their politics.

Q. — State whether in your canvass you met any jjersou of the name
of Leander Emery?

A. — Not that I am aware of.

CROSS EXAMINATION.

Q. — How do you know the political sentiments of the gentlemen you
have named?

A. — From their own declarations and from the fact that they acted
with the Democratic organization, or the most of them, duriiig the last
canvass.

Q. — Have you had conversation with each of them in regard to their
political sentiment, and if so, please state when it was, where it was, and
what it was, and who was present?

A. — I think I have had conversation with ^each one that I have
classed as a Democrat during' the last canvass. Cannot state the exact
time nor place nor who was present.

Q. — Then you only think you have had conversation with them but
do not know it?

[Objected to as assuming what the witness has not said.]

A. — I am sure I have had conversation Avith most of them. Not cer-
tain that 1 have had with every one.

Q. — Why is it then 3-ou cannot state where and when the conversa-
tion occurred?

A. — 1 was not keeping in mj^ mind during that canvass dates or
places, simply hunting for votes.

Q. — You state in your examination in chief that jon was a candidate
for office at said election. Please state to what political party 3'ou
belonged?

A. — Belong to the Eepublican part}".

Q. — Did you not, in addition to the office of County Surveyor, hold
the office by appointment, of enrolling or registry officer, for the pur-
j)ose of registering voters on the Great Register of the County of
Monterey, in and for the Hollister District, immediately next preceding
said sixth day of September, A. D. eighteen hundred and seventy-one?

[Ojbected to.]

A. — I was ai:)pointed by the County Clerk of Monterey County to
register or enroll voters.

Q. — "Was that appointment made before or after you became a candi-
date for the office of Assemblyman?

[Objected to.]

A. — Afterwards.

Q. — Then you was a Eepublican candidate for office, with the power
at the same time to register and make voters?

A. — I was a Eepublican candidate for .office, and had the authority
from the Count}^ Clerk to enroll or register names, but could not make
voters that I know of.

Q. — Do you know the politics of the Clerk from whom you got your
appointment, and if so, please state what they were?

A. — Always called him a Eepublican; he professes to be one, and pre-
sume he is.

Q. — How many of the names you have mention eoHn your examina-
tion in chief, did you place or enroll on the Great Eegister of the county
by virtue of your appointment?

[Objected to.]

A. — I enrolled five of them.

Q.^Did you not, after enrolling their names, issue a certificate as
Deputy County Clerk, to be presented before the Board of Eegistration
or Election, to the effect that the}^ were so enrolled or registered.

[Objected to.]

A. — I did in the case of two or three, I think; I am not positive in

• regard to those particular five; the Board of Eegistration of Hollister

Precinct decided that when I enrolled a name, and they were notified of

the fact, the person so enrolled was entitled to go on the poll list of that

precinct.

Q- — How many had you enrolled before the Board of Eegistration so
decided?

[Objected to.]

A. — I cannot tell the number, or who they were, as regards your
question.

Q. — Did you not receive the transfer of William Breck and file it as

Deputy Count}^ Clerk ou tlic fiflh (fay of Sejitcmbcr, eighteen hundred
and seventy-one?
[Ol.jeeted to.]

A. — 1 don't remember the name; I niay have reeeived it.
Q. — Did 3'ou not reecive and file transler.s I'rom otlier counties of
voter.s, and file them as Deputy County (Jlerlc?
[Objected to.]

A. — I did in one or two cases, perhaps three; I did in a few instances.
Q. — Did you not in more instances than that?
[Objected to.]

A. — I may have possibly done it in more instances; I don't know
positively certain in how many.

Q. — Did you not register, as such Deputy Clerk, the name of William
Weathers, prior to said election?
[Objected to.]

A. — I did; I think it was the morning of election; it might have been
the day before.

Q. — ilavc you any interest, directly or indirectly, in the contest now
under examination?
[Objected to.]

A. — JSTothing more than a party interest.

Q. — Have you or have you not said since these proceedings were
instituted, that yon were against Beck ui this contest?

A. — I jokingly said to 3Ir. Beck to-day when I first met him here, in
the presence of Mr. Craig and some other gentlemen, that I was
"forninst " him.

Q. — Have you conferred, either in person or by written communication,
with the said Clerk of Montei'ey Countj^, about or concerning this con-
test since it was instituted?
[Objected to.]

A. — 1 have not, sir, directly or indirectl3^ '

Q. — AYas you elected Assemblyman of Monterey County at said
election?

[Objected to.]

A. — I was; at any rate I received a certificate of election.
Q. — Then you are now Assemblyman elect of Monterey County?
A. — Yes, sir.

Q. — Are you in attendance now as a witness by virtue of any process
or subjioena issued by the Commission?

A. — I am; I was subpoenaed to-day to appear here forthwith, in the
Town of lioUister.

Q. — Did 3^ou or did 3'ou not, as such Deputy Count}^ Clerk, register
the name of John W. Maze prior to said sixth day' of September, eighteen
hundred and seventy-one?
[Objected to.]

A. — I did not register him at all at any time.

Q. — Did John W. Maze apply to you before the election to be regis-
tered or enrolled?
[Objected to.]

A. — I think perhaj)s he did; he had some conversation with me about
it.

Q. — Did you or did you not state to the said John W. Maze prior
to the election, that you had a certificate from the County Clerk of

Monterey County of his registration, and that bo was all right and
could now procure his name to be enrolled on the poll list.

[Objected to.]

A. — I did not; I stated to John W. Maze, the day before the election
I think it was, that his transfer from the other county had not arrived,
and that he would lose his vote; that bad he intrusted his business to
me I could have procured his transfer long before that.

Q. — Did or did not you say in that conversation to John W. Maze, that
you could get him on the Great Register provided he, Maze, would sup-
port you; and then did you not on the following da}'^ say to Mr. Maze
that his transfer was all right and that he could vote?

[Objected to.]

A. — The first subdivision of the question, I did not; the second
portion of the question, I did. Mr. Maze employed Judge Davis to
attend to getting his transfer from some of the upper counties, and that
had not arrived at the time I had this conversation with Mr. Maze; it
came on night before election, and was handed to me by Judge Davis,
requesting me to send it to Monterey to the County Clerk.

Q. — Did you not file that transfer as Deputy County Clerk?

[Objected to.]

A.— I did.

Q. — Did you or did you not register the name of Detleff Jansan, as
such Deputy County Clerk, before the daj^ of election, and certify the
same to the Board of liegistratiou or Election?

[Objected to.]

A. — I registered Mr. Jansan, I think, several days before election;
don't think I certified the same to the Board of Election or liegistration.

RE-DIRECT EXAMINATION.

Q. — State whether either of the parties that you enrolled, as you have
herein stated, at the time of their said enrollment dejDOsited M'ith you
any affidiivit?

A. — I think they did; some parties that I know.

Q. — State whether Mr. William Weathers, DetleflT •Jansan, or John
Wesley Grewell made afiidavit before you showing why they were
entitled to be placed upon the Great Eegister of the County of Mon-
terey?

A. — I think that Grewell and Weathers did; Jansan I am not positive
of ; Jansan produced his naturalization papers, and I did not require
anything furLher from him.

Q. — What did you do with the affidavits that you received in the dis-
charge of your duty as Deputy County Clerk?

A. — I am not positive whether I sent them to the County Clerk, or
whether I gave them to the Board of Registration.

CROSS EXAMINATION.

By Respondent — You do not pretend to say that you, in the discharge
of your duty as Deputy County Clerk, registered or enrolled any man
upon the Great Eegigter, either by certificate of transfer or originally,
without swearing the applicant as to his nativity, his occupation, his age,
and that he was not registered in any other county, according to the re-
quirements of the Act of the Legislature of the State of California known
as the Eegistry Law, and in compliance therewith?

A. — I invariably swore persons who I registered or enrolled to the
statement which they made to uie, which always whis in ,sul)stance the
same as A[r. Craig's question in regard to age, occupation, etc.; that in
some cases parties stated that they had been registered in otlier counties,
but had lost their certificates of transfer, and in those cases I required
au attidavit to that etlect.

U. M. HAYES.

On motion of contestant, the further taking of testimony is now
adjourned until ten o'clock A. M. to-morrow, to wit, the sixteenth day of
November, A. D. eighteen hundred and sev'enty-oue.

November IGth, 1871.

TESTBIONY OF SAMUEL W. SMITH.

Samuel W. Smith, being duly sworn to state the truth, the whole
truth, and nothing but the truth, relating to the controvers}' in the
above entitled contest, testifies as follows, to wit:

Question — State your name, age, residence, and business?

Answer — Samuel H. Smith; age, thirty-four; residence, San Juan;
business, surveyor.

Q — Slate whether j'ou know the location where the Board of Super-
visors directed and appointed the election to be held in Salinas Precinct,
on the sixth day of September, A. D. eighteen hundred and seventj'-one.
If yes, in what building?

[Objected to as incompetent and secondary, the order of the Board of
Supervisors being the best and only evidence by which to establish the
fact.]

A. — Only by hearsay, not particularly having read the order of the
Board.

Q. — What do you know by hearsay with reference to the building in
Avliich such election was to be held?

[Objected to as hearsay.]

A. — Building marked " No. 1 " on the sketch made by me was
pointed out by several prominent citizens of Salinas City as the place
designated by the Board of Supervisors for holding the polls on that
day.

Q. — Who occupies that building, and for what i)urpose is it used?

[Objected to as immaterial.]

A. — At the time I surveyed it a woman by the name of Jonah occupied
the building, and used it as a hotel and restaurant.

Q. — Is the room designated for the purpose of holding the election
now occupied by said woman as part of a restaurant and saloon.

[Objected to as leading, incompetent, and immaterial.]

A. — I do not know who occupies it at present, not having seen it for
three or four weeks.

Q. — State, if you know, who occujiied that room prior to the time that
the woman Jonah occupied it?

A. — I do not know.

Q. — Is there now a sign upon the house other than the sign placed
upon it by the woman Jonah.

A. — Not that I know of, not having seen it for four weeks at least.

Q. — State wliether you know where Eugene Sherwood's office was
located in Salinas Precinct at an}^ time prior to the election day held on
the sixth day of Sej^tember, eighteen hundred and seventy-one, or during
that year?

[Objected to upon the ground that there is no foundation laid for such
testimony, and that it does not have any tendency to prove anj'thing at
issue in these proceedings. It is leading the witness to testify about
something wholly foreign to the issue, and is immaterial.]

A. — Next to or adjoining the building occupied by Jonah; probably a
space between the two buildings, upon the west side of the building
marked "No. 1 " on schedule.

Q. — Is there any sign upon that building?

A. — There is; " Sauccl Land Office " is the sign upon the building.

Q. — State how long you have known Mr. Sherwood to occupy it, that
place, as his office?

[Objected to as immaterial.]

A. — About two years, to m}^ knowledge.

Q. — State whether or not you have made a sketch- or map of a portion
of Salinas Precinct. If yea, what portion?

[Objected to as incompetent, irrelevant, and immaterial.]

A. — I have, showing a portion of Main street together with the cross
sti'eet where the buildings were jjointed out to me as being the polling
places of Salinas Precinct.

Q. — I will ask that you furnish a sketch?

[Objected to bj' respondent.]

A. — This is the sketch, marked "Exhibit A."

Q. — State whether you made accurate measurement of the distances
from "No. 1" on said sketch to the street thereon marked Main street,
and also from Main street to the building marked " No. 2 " on said
sketch. If yea, state such distances?

[Objected to because the question b}" recital refers tt) some sketch that
has not been otfered in evidence and constitutes no part of these proceed-
ings, and is incompetent.]

A. — I did. The distance from building No. 1 to Main street being
one hundred and sixteen feet, and from Main street to building No. 2
being twenty-four feet on said street.

Q. — State whether you measured the distance from Ihe intersection of
the street upon which building No. 1 is located with 3Iain street, and to
a point on said Main street opposite the house marked on said sketch
No. 2. If yes, state the distance?

[Same objection as contained in objection last aforesaid.]

A. — I did, and the distance to the nearest corner is four hundred and
sixty- six I'eet.

Q.- — You will now make a diagram of the sketch marked " Exhibit A,"
to which you have referred.

[Eespondent now objects to S. "W. Smith, or any person or persons
other than the Commission themselves, writing, marking, drawing,
sketching, scratching, upon the papers and testimon}' in these proceed-
ings, and particularly the witness, S. W. Smith, since he has positively
testified that he did not know where the polls were'held; and further,
that the so called " Exhibit A " has not been offered in evidence; we know
not what it is.'l

83
Sketch op Salinas Cjty, showing the Polls in Xos. 1 and 2.

1-4

No. l.__ ^
Restaurant., ^J6

Vacant.

China houses. 2

Vacant. g

Stable.

Store.

^Block's Hotel, g
=No. 2.

Vacant.

Store.

Drue: store.

Drug store. g

GAVILAN

STREET.

;^ House.

9- Saloon.

Vacant.

p
Id

Stable.

Saloon.

Vacant.

Ln3

Vacant house.

o
CO

Vacant.

Barber shop.

p ~

Saloon.

Vacant.

Store.

rf^

Vacant.

Shoe shop.

Vacant house.

Store.

1— I

Barber shop.

05
G5

Saloon.

Store.
(Harvey & Co.)
^ STREET.

S. W. SMITH, Surveyor.

[Eespondcnt moves to strike out that portion of the forei^oing deposi-
tion pur^iorting to be a diagram made b}^ the witness, S. W. Sniitli, for
the reason that he has no authorit}' or power to make his own drawings
and incumber the records with his drawings, since he nowhere appears
to be competent to mals;e drawings accurate of the said locality, or any
other locality, and that it nowhere appears that he knows where the polls
were held, and if he did, to be jjermitted to make his drawings upon these
records is unauthorized, and asks that they be disregarded.]

Q. — State Avho occupies the building marked upon your sketch herein
as No. 2, and for what pur2)ose?

A. — Mr. Block has a hotel called the American Hotel.

Q. — State whether building JSTo. 1 is in view of building jSTo 2?

[Objected to upon the ground, first, that it does not ajipear that the
witness knows whether it is in view or not, and the furiher ground that
it is immaterial and leading.]

A. — Am not positive, but think they are in view of one another.

Q. — Are there any buildings between the office of Eugene Sherwood
and the corner of Main street?

[Objected to as leading.]

A. — To the best of mj- recollection nothing but this hotel and restau-
rant.

Q. — From where the street upon which Sherwood's office is located
enters Main street, are there any buildings between that and No. 2? If
yes, state what they are used for?

[Objected to as immaterial.]

A. — There is first a small row of three houses used by the Chinese as
wash houses, a livery stable, and a hardware store.

Q. — Do the front of those buildings reach to the line of Main street?

A. — The Chinese wash houses and livery stable do, the hardware store
does not.

CROSS EXAMINATION.

Q. — You do not know where the polls were held on the day of election?

A. — I do not.

Q. — You do not know what the order of the Board of Supervisors
was, or whether they made any order or not?

A. — I do not, except from hearsay.

Q. — Have you not made what you was i)leased to term " Exhibit A,"
and also the "diagram" upon tliese records at the instance of A. Heath
(contestant's counsel), while in this room during this examination?

A. — " Exhibit A" was made mostlj^ in my office at the request of Dr.
Flint. The diagram on the record was made in this room at the request
of Mr. Heath, since the commencement of this examination.

Q. — Whei'e is your office?

A. — In the Masonic building, San Juan.

Q. — How far is it from your office to Salinas Citj'?

A. — -About sixteen miles bj^ the present traveled road,

Q. — You are not, and have not been since the election, an official sur-
veyor of any kind, was you?

[Objected to.]

A. — I was not.

Q. — Do you not know, upon more mature reflection, that said Sher-
wood's office is in plain view of what you term American Hotel on your
examination?
• [Objected to.]

A. — I am not positive that it is; I believe the hardware store and the
stable intervenes to cut off tlie view, exeejH from the rear of the hotel.

Q. — Where was you on the day of election?

A. — In (iilro}', Santa Clara Count}'.

Q. — Was not what you have pleased to term Sherwood's office, viz:
Saucel Land Office, immediately adjoining u house of ill-fame or prosti-
tution?

[Objected to.]

A. — I do not know the exact distance between the houses, not having
surveyed any I'urther than the house pointed out to me as being the
place for holding the polls, nor do I know whether Jonah keeps a house
of ill-fame or not.

Q. — Is that not the common repute of that house?

[Objected to.]

A. — It is.

Q. — AVhich of the two places you have designated, viz: Saucel Land
Office, or American Hotel, are most centrally located in said Town or
Yillage of Salinas City?

A. — American Hotel.

Q. — "Which is most convenient and accej)table to the voters and citi-
zens of said city and precinct?

A. — I cannot answer that question; the American is most central; as
to convenience, one is as convenient as the other.

Q. — Do 3'ou know which of these places is the old place of voting in
said city or precinct?

[Objected to.]

A. — Two years ago last September the American Hotel was the voting
place.

Q. — Has it not been so for many years?

A. — I do not know, not having been in Salinas on election da}', except
the time mentioned two years ago on election.

Q. — Is not the American Hotel, of which you sj^eak, in the same place
as was formerly known as the Half-way House and Itiker Hotel or
House?

[Objected to.]

A. — It is.

Q. — Has it not been designated and recognized as such for many
years ?

A.— It has.

Q. — Do you not know that the little building designated by you as
Saucel Land Office or Sherwood's office, is very small and is located on
a side street and remote and very close to the house the common repute
of which you say is that of a house of ill-fame or prostitution?

[Objected to.]

A. — It is a small building located upon a side street but not far from
the Main street, and is near a house reputed to be of ill-fame.

Q. — And is it not near the extreme end of said Main street and in the
environs or suburbs of said city?

[Objected to.]

A. — It is near the end of Main street, but not far removed from the
business center of the city; the mill, brewery, and other buildings being
upon the westerly side.

Q. — Is there any business houses north of said building?

A. — jSo, sir, except the brewery and the mill, which is some distance
from the street.

Q. — How far is it south fi'oni there to the lower eud of Main street?

[Objected to.]

A. — I do not recollect.

Q. — About how far?

A. — About two thousand or twenty-five hundred feet, more or less, a
little more than half a mile.

Q. — Commencing, then, on Main street, about two hundred feet south-
erl}^ from the intersection of this cross street, upon which you saj^ this
land office is situated, is not Main street a business street, with business
houses, mercantile houses, drug stores, hotels, livery stables, barber
shops, shoe shops, etc., to the southerly end, or near there, of said Main
street; and does not that constitute the main business portion of said
city?

[Objected to.]

A. — It is occupied by buildings of that kind for at least two-thirds of
the way in a southwesterly direction along Main street, and is the main
business portion of the tovvn as far as I know it.

Q. — Is not the American Hotel, described by you as kept by Mr.
Block, within the row of buildings you have last described?

[Objected to]

A.— It is.

Q. — Is not the said American Hotel a large and capacious building,
with large sitting rooms and office rooms, and is it not the principal
hotel of said city?

[Objected to.]

A.— It is.

Q. — What is the political sentiment of Mr. Block, keef)er of said hotel,
if you know?

[Objected to.]

A. — In all my conversations with him, he claimed to be a Eepublican.

S. W. SMITH.

TESTIMONY OF THOMAS TOST.

Thomas Yost, being duly sworn to state the truth, the whole truth,
and nothing but the truth relating to the controversy in the above enti-
tled contest, testifies as follows, to wit:

Question — State your n^me, age, and residence?

Answer — Thomas Yost; age, thirty; residence, Hollister.

Q* — State whether you have been actively interested as a partisan
during the last year? If yea, in the interests of what political party?

A. — I have; in the interest of the Eepublican party.

Q. — State whether you know the political sentiments of John Maze,
E. S. Jones, John Wesley Grewell, A. J. Eader, John J. Janett, Leander
Emerj^, William A. Moody, Gilbert Mulch, Peter Crisman, William
Weathers, N. B. Bailey, A. Kolman, and James Hudner, or either of
them?

A. — Most of them I do.

Q. — StiiLe the political sonLinionts ami to viliat party the persons
beloiiii; wliosc names are contained in the last question?

A. — John Maze, Democrat; E. S. Jones, Democrat; John" Wesley
Grewell, Democrat. A. J. Kader I do not know; there are two of tliem,
one a JJoi)iiblicau and the other a Democrat, and I do not know their
first names; John J. Janett, do not know, is reported to be a Democrat;
Leandur Emer}", don't know the man; William A. Moudy, Democrat;
Gilbert Mulch, Democrat; Peter Crisman, Democrat; William Weathers,
Democrat; N.- B Bailey, Democrat; A. Kolman, Democrat; James
Iluihu-r, Democrat.

[licspoiident moves to strike out the answer, as not responsive to the
question.]

Q. — State whether you were in attendance at the polls on the day of
election?

A. — I was.

Q. — How long have you resided in Kollister Precinct?

A. — Two years.

Q. — What is your business for the last year?

A. — Have been engaged in selling goods for T. L. Baldwin.

Q. — Have you ever known any person by the name of Leander
Emery?

[Objected to as immaterial.]

A. — I have not.

CROSS EXAMINATION.

Q. — Where was you born?

A. — In Western Virginia; believe in Tyler County — not positive.

Q. — You say, in answer to a question to you in chief, that you was
actively engaged in the political campaigns of last year. AVhat do you
mean by being actively engaged?

A. — Being a Pepublicau, I was anxious that that party should be suc-
cessi'ul in the contest then pending, and I worked for that object.

Q. — What work did you do?

A. — I endeavored to have all persons who I knew to be Eepublicans
placed upon our poll list.

Q. — Did you hold any office connected with the Board of Hegistration
of that precinct?

A. — I did not.

Q. — Then you did not take an interest in seeing that Democrats were
on the poll list, and therefore did not talk or have interviews with
them ?

A. — In two instances; of Thomas Lynn and John Whisman; took
their statements in order to send for their transfers — they being Demo-
crats.

Q. — Did you not importune them, and did they not j)romise to vote for
some of your Eepublican friends?

A. — I did not.

Q. — How is it you have testified to the political sentiments of the
several names enumerated by you in answer to a question asked you in
chief, and now say that you only talked with two Democrats, namely:
Whisman and Lynn?

[Objected to for the reason he has not so stated.]

A. — The latter part of that question I did not so state; the question I
answered was a different question.

Q. — Do you not know that John Maze had been a EepuLliean, and bad
so voted fur many 3'ears?

A. — I do not; in bis declaration to me during the canvass, be stated
that be was a Democrat, and would so vote it' be could procure his
transfer in time so to do.

Q. — Then you cannot state that be was not a Republican, and had not
been for many yaan^?

A. — I cannot; onl3^ known him for twelve months.

Q. — Do you not know as well as you know you are livins;, that on the
day of election E. S. Jones, John Wesley Grewell, A. J. IJader, John J.
Janett, Leandcr Emerj'-, William A. Moody, Gilbert Mulch, Peter Gris-
man, AVilliam Weathers, ]S. B. Bailey, A. Kolman, and James lludner,
the men whose names you gave, had been for years preceding that elec-
tion supporters of the Republican party?

[Objected to.]

A. — I do not.

Q. — You cannot state they were not?

[Objected to.]

A. — I cannot.

Q. — Have you not been actively engaged in this election contest?

A. — I have. In explanation, I will state that I have within the last
six weeks made inquiry as to the parties I did not know, named in this
examination, and have so reported to Mr. Flint.

Q. — Of whom did 3'ou make these inquiries?

A. — In making this inquiry, I had the name before me, and when I did
not know the political sentiments of the person, I made inquiry of per-
sons who I su])posed would be likely to know.

Q. — What do you mean by having the name before yow?

A. — The names of some twent}' or more persons living in Iloliister
and San Benito and Tres Pinos Precincts were handed to me by Thomas
Flint.

Q. — ^In whose handwriting?

[Objected to.]

A. — 1 do not know.

Q. — hid you not quit your business in part for the purpose of bunting
these names at the instance of contestant.

[Objected to.]

A. — I did nob.

Q. — Did or did not you correspond with the Clerk of Monterey County
in regard to this contest?

[Objected to.]

A. — I did not.

Q. — Was not the written memorandum of names you speak of in the
handwi-itingof W. M. 11. Parker, County Clerk?

A. — I do not know; not being familiar with the handwriting.

Q. — Then all this investigation made by you as to the political senti-
ments of the men whose names you have enumerated was made since
the election?

A. — It was not.

Q. — Then .ytm contemplated this contest, and in part laid a foundation
for it before the election, if it be true that your investigations were in
part made belbre the election?

[Objected to]

A. — I did not contemplate any such thing.

Q. — Are you not now in the employ of Dr. Flint, the contestant
herein, as one of his advisers, and have you not been a part ii" not all
the time since these proceedings were instituted, and even bel'ore?

[Objected to.]

A. — I am not; I have not been occupied in this matter except one day;
I did not, during that time, neglect my business. In answer to the
words " even before," I state, positively', I have not.

Q. — Then the facts about which you have testified are the results of
but one day's employment?

[Objecte I to.]

A. — I made no such answer.

Q. — All you have stated in your examination in chief is hearsay, is it
not?

[Objected to.]

A. — My answer in regard to the political sentiments of the most of the
persons named in the examination in chief was made by me froni decla-
rations of the jjcrsons named to me.

Q. — Did 3'ou not say in your cross examination, to a Question asked
3'ou by respondent's attorney, that your information as to the political
sentiments of the men you named was derived from conversing with
others?

[Objected to.]

A. — I did not say it; if it is so recorded it is an error.

Q.— Do you know William Breck, B. G, Parks, J. Taylor, Wm. Wil-
son, W. II. F. Miller, Chas. Anderson, Alfred Thompson, Detletf Jansan,
Francis Loviee, and F. Glass.

[Objected to.]

A. — I do not know Wm. Breck, E. G. Parks, Francis Loviee, or P.
Glass, and do know John Taylor, Wm. Wilson, W. H. F. Miller, Charles
Anderson, Alfred Thompson, and Detleff Jansan.

Q. — What are their political sentiments?

[Objected to.]

A. — Part Kepublican and part Democrat — most part Republican.

RE-DIRECT EXAMINATION.

Q. — If any are Democrats, give their names.
A. — Alfred Thompson.

THOMAS YOST.

TESTIMONY OF DIEDRICH WALTZEN.

DiEDRini Waltzen, being duly sworn to tell the truth, the whole
truth, and nothing but the truth, relating to the controversy in the
above entitled contest, testifies as follows:

Question — State your name and age?

Answer — Diedrich Waltzen; age, thirty-three.

Q. — State whether you voted at the State election held on the sixth
day of September, A. D. eighteen hundred and seventy-one, in the State
of California; and if yes, in what county and precinct?

[Objected to as secondary and not the best evidence.]

A. — I voted ut Pajaro Precinct, Monterey County.

Q. — At that election did 3'ou or did j'ou not vote for a person for the
oflSce of Senator in and for the Sixth Senatorial District of the State of
California, composed of the Counties of Monterey and Santa Cruz?

[Objected to.]

A. — I did, sir.

Q. — For whom?

[Objected to upon the same grounds and for the same reasons con-
tained in objection to the sixth question propounded to Detleff Jansan.]

A. — I do not wish to answer that question.

The contestant now asks that the witness be required to answer the
question.

Decisions of Justices Ileritage and Whitney the same as in the testi-
mony of Detleff Jansan.

CROSS EXAMINATION.

Q. — How long had you been a resident of the State of California im-
mediatel}' next preceding the sixth day of September, A. D. eighteen
hundred and seventy-one?

A. — Thirteen years continuously.

Q. — How long had you been a resident of said Pajaro Precinet imme-
diately next preceding the sixth day of September, A. D. eighteen hun-
dred and seventy-one?

A. — Five months continuously.

Q. — Are you now a citizen of the United States; and if so, how long
have 3'ou been a citizen of the United States?

[Objected to.]

A. — I am and have been for the last seven years.

Q. — What inquiry or investigation, if any, did you make jnnor to said
sixth day of September, A. D. eighteen hundred and seventy-one, to
ascertain if you was regularly registered and enrolled on the Great
Eegister of the county, and on the poll list of your precinct?

[Objected to.]

A. — Two years ago I had my transfer sent down from Alameda
County, and Mr. J. M. Soto took it down to Monterej' to have it put on
the Great Eegister, and my name was on the poll list of Santa Eita Pre-
cinct last year, and I had it transferred to Pajaro Precinct this season,
before the election; I had it transferred from Santa Eita Precinct and
had it put on the list at Pajaro before the election, by affidavit.

Q. — Had 3'ou voted at former elections in this county?

A.— I had.

CROSS EXAMINATION RESUMED.

Q. — Where were 3'ou born?
A. — In Germany.

DIEDEICH WALTZEN.

TESTIMONY OF E. M. MATHEWS.

E. M. Matuews, being duly sworn to tell the truth, the whole truth,
and nothing but the truth, relating to the controversy in the above enti-
tled contest, testifies as follows, to wit:

Qnoft'cn — Ptato yo^ir Tininc, and ago, and rosidpncp?

Answer — E. M. Mathews; age, fii'ij'-one years; residence, Natividad.

Q. — Where were you born?

A. — State of Oliio, in the United States of America.

Q. — How long have you resided in Natividad Precinct?

A. — A little over four years.

Q. — "Were you present at au election held in the State of California on
the sixth day of September, eighteen hundred and seventy-one; if yea,
where?

A. — I was at Natividad Precinct.

Q. — State what time 3'ou remained at the polls?

A. — From eight o'clock in the morning till twelve o'clock at night, or
about that time.

Q. — In what capacity?

A. — As one of the Judges of Election,

Q. — Were you present during the time the votes cast at that election
were examined and counted on the sixth day of September, eighteen
hundred and seventy-one, after the closing of the polls?

A. — I was.

Q. — State whether you can now recollect the number of votes that
you found in the ballot box, and for what candidates voted for?

[Objected to.]

A. — I cannot.

Q. — State whether or not you, as one of the Judges of Election, signed
papers jJurporting to be poll lists and tally lists and returns of said elec-
tion?

[Objected to as leading and secondary and not the best evidence, and
no foundation being laid for such question, the counsel himself announc-
ing to the Commission that he will have the first evidence, and if this
can be styled an investigation at all, he is evidently commencing at the
wrong end first.]

A. — I was Judge of Election and signed the returns.

Q. — After you signed said papers wliat was done with them?

A. — The Clerk of the Board took them home with him; they were not
sealed, neither the ballots nor the tally list; the name of the Clerk was
Michael Riordan.

Q. — State the names of the persons who acted as Clerks of Election
on that day in Natividad Precinct — I mean the men who wrote down
the names of the voters at the time they voted, and who kept the tally
lists?

A. — Charles Houston and William Armstrong.

Q. — Are you not mistaken when you spell Mr. Houston's "name?

A. — I think not.

Q. — Where does Mr. Charles Houston reside?

A. — He lives near Natividad, on the road from Natividad to San Juan.

Q. — What is the name of his father?

[Objected to on the ground that it is immaterial what Mr. Houston's
father's name is, and a subject matter of inquiry that the counsel has
no right to make.]

A.-— James Houston.

Q. — Do you know whether Charles Houston, the clerk, has a middle
name?

A. — I think he has; Charles Albert, I think it is.
, Q. — State whether or not you saw the said returns of election, or any

portion of them at a later day than election da}^; if yea, state when, and
what occurred at the time or times?

A. — I saw a portion of tbeni jiext morning while they were being
sealed up in the express office to be sent to Monterey.

Q. — Did you see them later in the da^'?
• A.— I did not.

Q. — State the middle name, if any, of Armstrong?

A. — Think he has a middle name, but do not know what it is; think it
is L.; will not be i:)ositive.

CROSS EXAMINATION.

Q. — What are your political sentiments?

A. — Eepublican.

Q. — Did you or did you not suggest to Mr. Eiordan and the Judges of
Election the propriety of taking the ballots and tally lists to your own
house on that evening?

[Objected to.]

A. — I did not.

Q. — Who did make that suggestion, if any one?

[Objected to.]

A. — There was no such a statement made.

Q. — Why did you, as Judge of Election, not seal up the returns on
that evening?

A. — We had no large envelop, and I did not know the law required
it then.

Q. — Then you were not familiar with the law, and had not the facili-
ties with which to seal up the returns and papers? .

A. — No, I was not familiar with the law, and we had notlhe facilities
for sealing them up that night.

Q. — Finding yourselves without facilities to seal up the returns on
that night, what did you suggest or contemplate doing with them?

[Objected to.]

A. — We did not suggest anj'thing; the Clerk merel}" rolled them up,
put them under his arm, and walked home with them, l!allot box and all;
there were no suggestions made.

Q. — Did you make any objection to his doing so?

A. — I did not.

• Q. — Was it not the only thing that could be done with the papers and
ballots after finding j'ou could not dispose of them that night?

[Objected to.]

A. — No, sir.

Q. — What else could have been done with them?

A. — Lock them up in a safe.

Q. — Why did you not suggest that, as Judge of Election?

[Objected to.]

A. — Because I did not think the Clerk would tamper with them, as he
did do.

Q. — How did he tamper with them?

[Objected to.]

A. — I don't know; I did not see them opened.

Q. — How do you know, then, he tampered with them?.

A. — One of the Clerks told me so.

Q. — Then all you know about that is what somebody, viz., one of the
Clerks, told you?

A. — One of the Clerks told me he had been helping that morning alter
the tally list, as the reason why he was not out at the thrashing machine
at work'.

Q.— Who was that Clerk?

[Ohjeeted to.]

A. — Charles A. Houston.

Q.— Who was the other Clerk?

A. — William Armstrong.

Q. — Was he present with the other Clerk at this time?

A. — 1 do not know.

Q. — Who did he say he was helping to alter the tally list?

A. — lie did not say who.

Q. — Do j-ou know that Michael T\iordan was helping him, or had any-
thing to do with altering the tally list.

A. — I do not.

Q. — Then I repeat the question heretofore asked you: Why it is you
say that Michael Jiiordan tampered with the tally list, ballots, or papers?

A. — Because they were not out of his possession, that I know of; and
if they were, they had not ought to have been.

Q. — Tiien that is the only reason you have for making the declaration
(tamjier) against Michael liiordan?

A. — Yes; from what Houston told me.

Q. — Do you not know that it was j^our duty, as much as any one's,
and more than that of the Clerk, to take charge and care of and see to
the ballots, returns, and papers?

[Objected to.]

A. — I did not.

Q. — How many safes were there in that town into which you say the
papers could have been put?

A. — One, anyway.

Q. — Who owned that safe?

[Oi-ijected to.]

A. — Charles Hammel.

Q. — In whose possession were these papers and ballots when you saw
them in the express office the next day?

[Objected to.]

A. — Michael Kiordan.

Q. — What was being done with them?

A. — He was folding them up preparatory to sealing them up with seal-
ing wax.

Q. — What other of the Judges was present at this time? •

A. — No other.

Q. — Did you examine them?

A. — I (lief not.

Q.— Why did you not?

A. — I did not suspicion anything wrong with them at this time.

Q. — Did you not have opportunity if you desired to examine them?

A. — I had an opportunity but had no desire to examine them.

Q. — You state that one of the clerks, viz., Houston, told you he was
detained in altering the tally list. Did he not state to you the alteration
and wherein there was a mistake in the tallv list?

[Objected to.]

A. — He did not. He merely stated they had been altering the tally
list. The question was asked, " What right had you to alter it?" I
think by Mr. Hebbron. He said he did not know, but we did it.

Q. — Has aiiy other person informed you wherein and in what particu-
lar it was altered?

[Objected to.]

A. — Nothing reliable. I have heard it said that it was a miscount in
the tally since that time.

Q. — Have you not heard that the miscount and a mistake Avas in the
vote for County Clerk of Monterey County and not between the Sena-
torial candidates?

[Objected to.]

A. — I have.

Q. — Was not that the only mistake made by the tally clerks?

[Objected to.]

A. — I did not know that there was any mistake made, for they never
showed me the mistake.

Q. — You have testified in words to the eflPect that you did not think
Michael Eiordan would tamper with the returns as he did. Was not the
only charge against Michael Eiordan, or any other person, that the tally
lists did not correspond one with the other in the counting of the votes
for County Clerk alone?

[Objected to.]

A. — I cannot do it without entangling myself I cannot answer the
question at all, because the only charge that was made was that the tally
list had been altered.

Q. — Do you not know that there was no charge ever made against the
Tally Clerks or Clerks of Election for changing the tally list in the vote
cast for State Senator, and do you not know perfectly well that there
was no mistake made in counting, keeping, or in regard to the vote
cast for Senator?

[Objected to.]

A. — I do not know that there was no mistake made.

Q. — You say you heard the mistake occurred in the count for County
Clerk? Have you not also heard that there was no mistake in the count
for Senator?

[Objected to.]

A. — I have.

Q. — Have not Armstrong, Houston, Patton, Eiordan, and members of
the Board of Supervisors, all told you that there was no mistake in the
count for Senator?

[Objected to.]

A. — No, sir.

Q. — Has any of them?

[Objected to.]

A. — No, sir.

Q. — Did you not know so of your own knowledge?

A. — No, sir, for the simple reason I never counted up the tallies.

RE-DIRECT EXAMINATION.

By Contestant — In answer to question thirty-four of your cross exami-
nation by respondent, you say, "I cannot do it without entangling
myself" State what you mean by the use of that language?

[Objected to as not proper ci'oss examination; as question number
thirty-four was propounded in cross examination, and was responsive to
a question propounded to the witness by contestant's counsel in his

examination in chief, and that the counsel now delicately seeks to come
to the relief of his own witness.]

A. — Because the question was so near like one asked before that I
could not tlislini^uish but little difference between them.

Q. — State whether at the timej'ou used that term 3-ou feared that your
answer might cau>e you to be punished for any crime known to the laws
of the State of California?

A. — It was because I was afraid it would conflict with my answer
before.

E. M. MATIIEV7S.

On motion of contestant, the further taking of testimony is now
adjourned until ten o'clock A. M. to-morrow, to wit, the seventeenth day
of JS'ovember, A. D. eighteen hundred and seventy-one.

November 17th, 1871.

TESTIMONY OF CHARLES A. HOUSTON.

Charles A. Houston, being duly sworn to tell the truth, the whole
truth, and nothing but the truth, relating to the controversy in the
above entitled contest, testifies as follows, to wit:

Question — State your name, and age, and residence?

Answer — Charles Albert Houston; age, twenty-three years; residence,
Natividad, Monterey County.

Q. — Where.were you on the day of the election held on the sixth day
of September, A. D. eighteen hundred and seventy-one, in the State of
California?

A. — Natividad.

Q. — AVhat were you doing that day?

A. — Was acting as Clerk of Election.

Q. — Explain 3^our answer to the last question?

[Objected to as cross examining your own witness.]

A. — I was acting as Clerk of Election, and keeping the tally list;
keeping the names of persons who voted.

Q. — State whether there were other persons than yourself iJerforming
similar duties; if yes, state their name or names?

A. — There were; W. M. Armstrong.

Q. — State whether you were present at the time the votes were
counted that had been cast at said election in Natividad Precinct, Mon-
terey Count}', State of California?

A. — Yes, sir, I was.

Q. — Who kept the tally of the count of such votes?

A. — I did for one, W. M. Armstrong, and A. B. Hughes.

Q. — State whether or not you kept the tally list continuously of each
vote counted?

A. — To the best of my knowledge and belief I did.

Q. — After the counting of the ballots what was done with the tally
lists, ballots, and poll lists kept b}^ you?

A. — They were taken by Mr. Riordan.

Q. — Before Mr. Eiordan took those ballots was there any writing done
upon them b}^ any other person than yourself, Armstrong, and Ilughes?

[Objected to as leading.]

A. — Yes, sir.

Q. — By whom?

A. — E. M. Mathews, one of the Judges of Election, and John W.
Patton, also acting as one of the Judges, and liiordau. Inspector of
Election, also signed them.

Q. — What writing did those persons do upon said tally lists on that
night, if 3'ou know?

A. — Nothing more than to sign their signatures.

Q. — If 3'ou know, state if they signed their signatures under other
writing than the tally made by yourself and Armstrong of the votes as
announced to you by the Election Board; if yes, what was the writing?

[Objected to as incomj^etent, secondary, and not the best evidence,
and is an attempt to prove a record by parol testimony, and no founda-
tion, for the reason that the original has not been offered, and no attempt
madt or offered to show its loss.]

A, — Don't think they did.

Q. — Slate whether there was a certificate attached, either written or
printed, to said tall}" list?

A. — No, sir.

Q. — What, then, did the jjarties sign?

A. — They signed the tally lists.

Q. — May you not have been mistaken M'hen you say that there was no
certificate attached to said tally list?

[Objected to as cross examining his own witness.]

A. — No, sir.

Q. — Might not there have been printed upon the same ^heet that was
signed a certificate, under which the parties aj^pended their names?

[Same objection as to last question.]

A. — Not that I remember of seeing.

Q- — After the close of election on that day, you say that Mr. Mathews,
Patton, and Eiordan signed the tally list, and that the same -w^is
delivered with the ballots to Mr. Eiordan. Have yotf since that time
seen such returns of election? if yes, when the first time?

A. — Yes, sir, I saw them the next morning; Mr. Hughes handed them
to me.

Q. — State whether you know from whom Mr. Hughes received the
returns of that election?

A. — It was Mr. Hughes' own count that he showed me, that he kept
on the evening of election.

Q. — State whether Mr. Hughes was an officer of that election?

A. — He was employed by a party there to see if the election was
properly carried on and no fraud practiced.

Q. — By what party?

[Objected to.]

A. — Eeally I have forgotten who they were; Alpitts, I believe, was
one.

Q- — Was Mr. Hughes appointed and did he act as an official member
of the Board of Election on that day?

[Objected to as incompetent and secondary.]

A. — He was appointed and acted only in the count of the votes in the
evening.

Q. — t)o I understand jou to say that he was appointed as one of the
Ju'lij^os or Clerks of that election by either the Board of Election or a
majority of the voters of that precinct that were assembled before the
opening- of the polls on the morning of election?

[Objected to on the ground that it is incompetent and in cross exami-
nation of contestant's own witness, and purports only to supply the
understanding of the counsel, impliedly admitted by him to bo deticient.]

A. — No, sir.

Q. — Then was he serving and acting on that da}' as an officer of elec-
tion, or a member of the Board of Election?

[Objected to upon the ground that it is cross examining his OAvn wit-
ness, ami is a system of examination, if recognized by the tribunal that
has linally to hear and determine this controversy, lawyer-like system
will have to be by them totally disregarded.]

A. — He was, in counting the votes.

Q. — Who appointed him?

A. — I don't recollect; M. Alpitts is one; don't know who else.

Q. — Was Alpitts a member of the Board of Election?

A. — N"o, sir.

Q. — When did he bring him in?

A. — I don't remember; think between six and seven in the evening.

Q. — When Mr. Hughes showed you the returns of the election held
on the sixth day of September, A. D. eighteen hundred and seventy-
one, in the morning after such election, what was done with said
returns?

A. — I co23ied them off and sent Mr. Sheerer, of San Juan, a list of the
returns of the election, which. I copied from the list of Mr. Hughes, and
I don't know what become of them; I left it in the store, on the desk;
store of Charles Hammel.

Q. — State whether you made any writing or marks upon the returns
shown you?

A. — I did not.

Q. — Was you present when they were sealed up and sent away?

A. — I was not.

Q. — State whether or not you saw Mr, Hebbron and Mr. Mathews in
the house of Mr. Mosher in the forenoon of the seventh day of Septem-
ber, A. D. eighteen hundred and seventy-one? If yea, had you a con-
versation with them with reference to the returns of election held the
day preceding?

[Objected to as leading and is intended to imjDcach or try to impeach
contestant's own witness, Mr. Houston; that it has nowhere appeared,
by any proof offered by contestant, that a conversation of any kind was
had with Mr. Hebbron.]

A.— I did.

Q. — Kepeat that conversation as near as you can recollect?

A. — I think that 1 told Mr. Hebbron that Mr. Riordan said that he
would have to reduce my fees one half; that I had made a mistake in
my tally list.

(•^ — State what transpired at the time you had that conversation with
Mr. Kiordan?

[Objected to as immaterial.]

A. — Nothing that I know of particularly.

Q. — Where was it?

A. — At the store of Charles Hamracl.

Q. — Did 3"ou see the box containini^ the ballots cast in that precinct in
any other place than the room where the election was held? If so,
where, and in whose possession?

A. — I did; Mr. Riordan had them in his jjossession at the supper table
at John Patton's Hotel.

Q. — How were they secured?

A. — Simply in a cigar box.

Q. — Had 5'ou any conversation with Mr. Eiordan or Mr. Armstrong
with reference to the returns of election having been altered after the
same were signed? If yea, state as near as you can recollect that con-
versation?

[Objected to as leading and telling the witness what he wants him to
testify.]

A. — Not that I remember of.

'Q. — State what are your political sentiments?

A. — Democratic.

CROSS EXAMINATION.

Q. — Then you only acted as Tally Clerk on the day of election?

A. — Yes, sir; in keeping names of voters, that was all.

>Q. — How many Tally Clerks were there appointed?

A.— Two.

Q. — Who was the other one?

A, — W. M. Armstrong.

Q. — Did you and Mr. Armstrong act as Tally Clerks all day, from the
opening of the polls in the morning till counting them out in the even-
ing?

A. — Yes, sir.

Q. — Then the Mr. Hughes you have spoken of in your examination in
chief was a, mere private tally keeper and looker-on, from some time in
the evening (six or seven o'clock) until the polls were closed. Is that
not the fact?

[Objected to.] , ^

A. — Yes, sir.

<i. — He had nothing to do with the keeping of tallies or clerking
officially?

[Objected to.]

A. — No, sir; I think not.

Q. — Can you state why the returns of election were left with Mr. Eior-
dan, the Clerk or Inspector, that night?

A. — Th-ey were left by the consent of E. M. Mathews and John W.
Patton, as they had no envelojDs large enough to contain the report at
that time.

Q. — Was that the same E. M. Mathews that testified in this case on
yesterday?

A. — I was not here yesterday, and do not know that he was here;
heard he was here.

Q. — Was there more than one man by the name of Mathews acting on
the Eoard that day?

A. — No, sir; there was not.

Q. — In what capacity was he acting?

A. — As one of the Judges of Election.

Q. — Then I understand you to say that, having no envelops large

enough to Real up the returns that night, they were, by the consent of
the Board, left with Mr. Riordan that night?

[Objected to for 'the reason that the witness has not heretofore, in
his examination either in chief or in cross examination, so stated.]

A. — Yes, sir.

Q. — What instructions, if any, did the Board give Mr. IJiordan in rela-
tion thereto?

A. — I don't remember rightly what they said; remember their saying
for him to take the election returns home with him and see that they
were sealed and sent on the stage to Monterey next day, to W. M. R.
Parker.

Q. — Xow, was it these election returns or the private tally of Hughes
you saw in Hamel's store the next day?

A. — It was Hughes' private tally.

Q. — Then you did not mean to be understood, in your answer to the
leading and comj^licated question propounded to you by contestant's
counsel in chief, that you had seen the election returns made by the
Board on the next day after the election?

[Objected to.]

A. — No, sir.

Q. — It was, then, from this tally list, kept by this private clerk,
Hughes, that you made your list for the purpose of sending to Mr.
Sheerer, at San Juan?

[Objected to.]

A. — Yes, sir.

Q. — Was that not sent by you to Mr. Sheerer merely to inform Mr.
Sheerer the result of the election?

[Objected to.]

A. — Yes, sir; it was.

Q. — You stated, in answer to the question propounded to you in chief,
that Mr. Eiordan stated to you on the following morning that you had
made a mistake in the tally list — please state wherein Mr. liiordan told
you the mistake existed?

[Objected to.]

A. — Between Johnson and Poole, candidates for County Clerk.

Q. — Was there any mistake in the tally list or in the returns between
the candidates for State Senator?

[Objected to.]
- A. — No, sir; there was not.

Q. — Then the only mistake, if any, that occurred, or was charged
to have occurred, was between the candidates for Clerk, and not for
Senator?

A. — Yes, sir.

Q. — Do you recollect whether the difference in the tally list for Clerk,
which you say was the only difference there was, was in the tallies
themselves, or simply in footing up or computing them?

[Objected to.]

A. — I understood afterwards, at the recount of the votes at Monterey,
that the tallies were correct; that we had made a mistake of one tally
in footing them up or computing them.

Q. — As between what candidates?

A. — Between Poole and Johnson, candidates for County Clerk.

Q. — Do you know whether that mistake or error in footing wasjn
favor of or against the Eepublican candidate for Clerk?

[Objected to.]

100

A. — It Avas iu his favor.

Q. — Did you say to E. M. Mathews, on the seventh day of September,
eighteen hundred aud seventy-one, or day after election, that you had
been detained iu altering or counting the tally list, or any words to that
efieet?

[Objected to.]

A. — No, sir; I did not.

Q. — Mr. E. M. Mathews, one of the witnesses examined by contestant,
testified on yesterday that you, Charles A. Houston, one of the Clerks,
told him you had been helping that morning alter the tally list, as the
reason why you were not out at the thrashing machine at work — was
that declaration true or untrue?

[Objected to.]

A. — It 18 a mistake.

Q. — Do you state positively that no such conversation occurred?

[Objected to.]

A. — Nothnig more than that I had copied the list of Mr. Hughes,
which detained me from going to my machine that morning, and that
there was a mistake made iu footing up the tallies between Johnson and
Poole; that is all that I can remember that transpired.

RE-DIRECT EXAMINATION.

Q. — In your aijswer to the twenty-fifth cross examining question you
do not state where and when you had the conversation with Mr.
Mathews — you will state the fact?

A. — At the house of Mr. Mosher; Mr. Hebbron was present at the
time; do not remember whether Mr. Mosher was there or not.

Q. — In j-our cross examination you state that Riordan informed you
that there had been a mistake made in the tally list; when did he give
you that inlormation, and to what tally list do you. refer?

A. — On the seventh day of September, next day after election, he said
that I had made a mistake

Q. — You say in your cross examination that the Supc^wisors discov-
ered a mistake in your tally list; how do you know that?

A. — I heard it from Mr. W. S. Johnson and from Mr. Armstrong.

RE-CROSS EXAMINATION.

Q. — Is it not the case that Mr. Riordan discovered what he conceived
to be an error in the tally list between the candidates for Clerk by ref-
erence to the same private tally kejjt by Hughes, and that, too, after
the returns had been seiit to the County Clerk?

[Objected to.]

A. — I could not say where he received his information.

CHAS. A. HOUSTON.

TESTIMONY OF PETER CRISMAN.

Peter Crisman being duly sworn to tell the truth, the whole truth,
and nothing but the truth, relating to the controversy in the above enti-
tled contest, testifies as follows, to wit:

101

Question. — State j'oiir name, aire, and residence?

Answer. — Peter Crisnuiu, twenty-one, Santanna Valley.

Q. — State whether or not you voted at the general election held on
the sixth day of September in the State of California; if yea, in what
county and precinct?

A. — I did; IfoUister Precinct, Monterey County.

Q. — Did you vote for any person for the office of Senator in and for
the Sixth Senatorial District of the State of California, composed of
the Counties of Monterey and Santa Cruz?

A.— I did.

Q. — State for whom did you so vote?

[Objected to upon the same grounds contained in the objection made
to the sixth interrogatory pi-oi)ounded to Detleff Jansan (see Detletf Jan-
san's deposition); and the further ground that an elector, where an elec-
tion is held by ballot, is not compelled to reveal the fact or character of
his vote or for whom he voted upon a given occasion.]

A. — I decline answering that.

Q. — State upon what grounds you decline to answer.

[Objected to upon the grounds that it is the witness' jDrivilege to re-
fuse to expose his ballot, and that no tribunal has the power or right to
compel or requii'e the witness to answer such questions; that the right
of the exercise of a vote by ballot is a secret exercise; that the witness
may at all times keep the fact as to how he exercised it within his own
knowledge for not revealing it, nor is he compelled to give any reasons
for it.]

A. — Xo particular grounds; only that I think that that is my own
business.

Q. — State for whom did 3'ou so vote?

A. — 1 decline to answer it.

[Contestant asks the Commission to require an answer to the question.
Commission decide the same as in the testimony of Detleff Jansan to a
question of similar form.]

Q. — State the da}' and _year of your birth, if you know?

A. — Eighteen hundred and forty-nine, first day of January.

CROSS EXAMINATION.

Q.— How long had 3^ou been a resident of the State of California im-
mediatel}' next preceding the sixth day of September, eighteen hundred
and seventy-one.

A. — Something over two years, very near three, continuously.

Q. — How long had you been a resident of tiie said Hollister Precinct
immediately next preceding the sixth day of September, eighteen hun-
dred and seventy-one?

A. — Something over two years.

Q. — Are you a citizen of the United States, and if so, was you a citi-
zen of the United States when 3'ou came to said Hollister Precinct?

A. — 1 am a citizen of the United States, and was a citizen when I
came to Hollister Precinct.

Q. — What, if any, inquiry or investigation did you make prior to said
election day to ascertain if you was registered on the Great Kegister of
the County of Monterey and enrolled on the poll list of said Hollister
Precinct?

[Objected to as wholly irrelevant.]

102

A. — I did not make any in particular, only that I was registered in
Hollister, and Judge Davis said that he would send it to Monterey at
the time that I registered; I was on the poll list in Hollister for over
three months before election.

PETEE CEISMAN.

On motion of contestant, the further taking of testimony is now ad-
journed until ten o'clock A. M., to-morrow; to wit, the eighteenth day of
^November, A. D. eighteen hundred and seventj^-one.

November 18th, 1871.

TESTIMONY OF JOSEPH JAMES HOLCOMB.

Joseph James Holcomb being duly swoi-n to tell the truth, the whole
truth, and nothing but the truth, relating to the controversy in the
above entitled contest, testifies as follows, to wit:

Question. — State 3^our name, age, and residence?
Answer. — Joseph James Holcomb, forty-nine years.
Q. — State whether or not you voted at the general election held in the
State of California on the sixth day of September, eighteen hundred and
seventy-one; if yes, where?

[Objected to as secondary and not the best evidence.]
A. — 1 did; Pajaro Precinct, Monterey County.

Q. — State whether at that election you voted for the office of Senator
for the Sixth Senatorial District of the State of California, composed of
the Counties of Monterey and Santa Cruz?
[Objected to as incompetent.]
A.— I did.

Q. — For whom did you vote?

[Objected to upon the same grounds contained in the objection to the
sixth question propounded to Detleff Jansan. See DetlefF Jansan's depo-
sition. And the further ground that an elector, where an election is
held by ballot, is not compelled to reveal the fact or character of his
vote, or for whom he voted upon a given occasion.]

A. — I decline to tell who I voted for; think I have that right consti-
tutionally to decline.

Contestant asks the Commission to require an answer to the question.
Commission decides he shall not be compelled to answer the question.
Q. — To what political organization do you belong?
A. — I don't consider that I belong to any.
Q. — What are your political sentiments?

[Objected to as immaterial, the witness having already answered that
he belonged to no political part3^]

A. — My political sentiments are that I vote for men on both tickets.
^ Q. — State whether or not during the political campaign preceding the
election referred' to you acted with the Democratic party?

[Objected to on the ground that a man is not compelled to reveal the
character of his vote or the party to which he belongs.]
A. — I did not. .

103

Q. — With what party did yoii act?
. [Same objection as to hist question.]

A. — I did liot act with any party in the hist ten years.

CROSS EXAMINATION.

Q. — You say in answer to a question propounded to you in chief that
you voted at the general election held on the sixth of September, eigh-
teen hundred and seventy-one. Please state how long you was a resi-
dent of the State of California immediately next preceding the said sixth
day of September, A. D. eighteen hundred and seventy-one?

[Objected to.]

A. — Nineteen years continuously.

Q. — Please state how long you had been a resident of said Pajaro Pre-
cinct immediately next preceding the said sixth day of Septemlj)er, eigh-
teen hundred and seventy-one?

A. — J'wo and one half years.

Q. — Please state whether you was a citizen of the United States at
the time you first became a resident of said Pajaro Precinct; and if so,
how long have you been a resident of the United States?

[Objected to.]

A. — I was a citizen of the United States at that time and had been
for forty-seven years.

JOSEPH JAMES HOLCOMB.

TESTIMONY OF ALONZO HELLER.

Alonzo Heller, being duly sworn to tell the truth, the whole truth,
and nothing but the truth, relating to the controversy in the above enti-
tled contest, testifies as follows, to wit:

Question — State your name, age, and residence?

Answer — Alonzo Heller; thirty-seven years; Tres Pinos Precinct, Mon-
terey County.

Q. — State whether or not you voted at the general election held in the
State of California on the sixth day of September, A. D. eighteen hun-
dred and seventy-one; if yea, where?

[Objected to as secondary and not the best evidence.]

A. — Yes, sir; Tres Pinos Precinct, Monterey County.

Q. — State whether or not you voted for any person for the office of
State Senator for the Sixth Senatorial District of the State of California,
composed of the Counties of Monterey and Santa Cruz?

[Objected to on the grounds that the witness as an elector is not com-
pelled to reveal the character of his ballot, or for whom he voted; and
further, that it does not appear that the witness knows for whom he
voted.] ,

A.— I did.

Q. — For whom did you so vote?

[Objected to upon the same grounds as made in the objection to the
sixth question propounded to Letleff Jansan. (See Detleff Jansan's depo-
sition.) And the further grounds that the election having been held by

104

"ballot the witness cannot be required to reveal the character of his
ballot, or for whom he voted, and that this is evidence that should be
obtained from another source and not from the witness himself]

A. — I decline answering it; under the constitutional right I decline to
answer it.

Contestant asks the Commission to compel an answer to the question.

Commission decides the witness shall not be compelled to answer the
question.

Q. — State to what political organization, if any, you belong?

A. — Not any in particular.

Q. — Have you ever voted in the State of California except at the elec-
tion held on the sixth day of September, A. D. eighteen hundred and
seventy-one; if yea, when and where?

[Objected to as immaterial and irrelevant; this controversy onl}- being
in reference to the one election as averred in contestant's statement.]

A. — In Santa Cruz; I think about seven years ago.

Q. — Have you not voted since that time in Santa Cruz?

[Objected to as in cross examination of contestant's own witness.]

A. — I don't think I have inside of six years.

Q. — Have you not belonged to the political party named the Demo-
cratic party ever since jou. arrived at the age of twenty-one, and dp you
not now belong to the said pai'ty?

[Objected to upon the ground that it is in cross examination of contest-
ant's own witness, the witness having already answered that he did
not belong to any party in particular, and respondent asks that such
question be disregarded and excluded.]

A. — State, as I did before, I do not belong to any particular party; I
vote for the best men.

CROSS EXAMINATION.

Q. — You say you voted at the election held on the sixth day of Sep-
tember, eighteen hundred and seventy-one, in Tres Pinos Precinct, Mon-
terey County? Please state how long you had been a resident of the
State of California immediatelj^ next preceding that daji?

A. — Two 3'ears and a half, 1 think, last June, continuously.

Q. — You state in your examination in chief that you voted some six or
seven j^ears ago in Santa Cruz County. Explain, if you please, whether
you was absent from the State, and whether that absence was temporary
or otherwise?

[Objected to.]

A. — I went back to the States, cannot tell the exact time, but a little
over five years ago, and staid there about three years and then returned
to California.

Q. — State how long you had been a resident of said Tres Pinos Pre-
cinct immediately next preceding the sixth day of September, A. JD. eigh-
teen hundred and seventj'-one?

A. — Came there last Januaiy and have lived there ever since continu-
ousl3\

Q. — Was you a citizen of the United States, and if so, how long had
you been when you went to reside at said Tres Pinos?

[Objected to.]

A. — Yes, sir, and had been a lifetime.

Q. — Was you born in the United States?

A.— Yes, sir. ALONZO HELLER.

105

TESTIMONY OF DANIEL WALSH.

Daniel Walsh, being duly sworn to tell the truth, the whole truth,
and nolhini;- but the truth relating to the controversy in the iibove enti-
tled contest, testities as follows, to wit:

Question — State your name, age, and residence?

Answer — Daniel Walsh, age twenty-five years.

Q. — State wlicther or not j'ou voted at the general election held in the
State of California on the sixth day of SejJteuibcr, eighteen hundred and
sevent3'-one. If j'es, where?

[Objected to; first, as leading; second, secondary and not the best
evidence.]

xV. — Yes. Santa Rita Precinct, Monterey County.

Q. — State whether or not you voted for any person for the office of State
Senator for the Sixth Senatorial District of the State of California, com-
posed of the Counties of Monterej' and Santa Cruz?

[Objected to upon the ground that the witness cannot be required
or compelled to reveal the character of his ballot.]

A. — Y^'es, sir.

Q. — For whom did you so vote?

[Objected to upon the same ground contained in the oljjection made to
the sixth interrogator}- made to Detleff Jansan, and that the witness can-
not be required and should not be required to reveal the character of his
ballot or for whom he voted.]

A. — I decline to answer the question. My opinion is, I do not know
why you should have the right to make me tell who I voted for after 1
voted.

Contestant asks the Commission to compel the witness to answer.

Commission decides the witness shall not be compelled to answer.

Q. — State to Avhat political organization, if any, you belong?

A. — I could not say that I belong to any in particular.

CROSS EXAMINATION.

Q. — How long had you been a resident of the State of California imme-
diately next ijreceding the sixth day of September, A. D. eig'hteen hun-
dred and seventy-one?

A. — I think I had been five years continuously.

Q. — Then you was not quite twenty j'ears of age when 3-ou came to
California?

A. — No, sir, I was not.

Q. — From w^hat State did you come?

A. — District of Columbia, Washington City.

Q. — Did j-our father reside there? ,

[Objected to.]

A. — Yes, sir, he did.

Q. — Was he a citizen of the United States of America?

[Objected to.]

A. — Yes, sir.

Q. — How long had j'ou been a resident of said Santa Eita Precinct

106

immediately preceding the sixth day of September, A. D. eighteen hun-
dred and seventy-one?

A. — One 3^ear and two months. About nine weeks of the time I had
been out of it; about live months continuously next before the election.

D. WALSH.

TESTIMONY OF JAMES CULLMAN.

James Cullman, being duly sworn to tell the truth, the whole truth,
and nothing but the truth, relating to the controversy in the above
entitled contest, testifies as follows, to wit:

Question — State your name, age, and residence?

Answer — James Cullman; age, about twenty-eight years; residence,
Santa Eita.

Q. — State whether or not you voted at the general election held in the
State of California on the sixth day of September, A. D. eighteen hun-
dred and seventy-one; if yes, where?

[Objected to as secondary and not the best evidence.]

A. — Yes, sir; New Eei^ublic.

Q. — State whether or not you voted for any j^erson for the office of
State Senator for the Sixth Senatorial District of the State of California,
composed of the Counties of Monterey and Santa Cruz?

[Objected to upon the ground that there is no foundation laid to the
question, it not appearing that the witness knows whether he voted for
any person or not, and the further ground that the witness cannot be
required or compelled to reveal the character of his ballot.]

A.— Yes.

Q. — For whom did you so vote?

[Objected to upon the same ground contained in 'the objection made
to the sixth interrogatory j^ropounded to Detleff Jaisan (see Jansan's
deposition), and the further ground that it requires the witness to reveal
the chai-acter of his own ballot and those for whom he voted.]

A. — I voted a split ticket; I decline that question, for the reason that
I voted a split ticket, and had partly promised to support the opposite
party from what I did.

CROSS EXAMINATION.

Q- — How long had you been a resident of the State of California im-
mediately next preceding the sixth day of September, A. D. eighteen
hundred and seventy-one?

A. — Came to California the sixth day of May, eighteen hundred and
fifty-nine, and have been here ever since continuously.

Q. — Were j'ou a citizen of the United States when you came to Cali-
fornia?

A. — I was not, sir.

Q. — How long did you reside in Santa Eita Precinct immediately next
preceding the sixth day of September, eighteen hundred and seventy-
one?

A. — ^A year or more continuously.

107

Q. — Were 5-011 a citizen of the United States when you went to Santa
Ilita Precinct to reside?

[Objected to.]

A. — Yes, sir, I was.

Q. — In answer to a question propounded to you in chief you stated
you voted at New Republic; please state whetlier New liepublic is in
Santa Jlita Precinct, ^louterey Count}^, California?

A. — I presume the precinct is Santa Iiita.

Q. — In answer to a question asked you in chief you stated that j'ou
had partly promised one part}- to support them, and I'or reasons which,
of course, are best known to yourself, 3'ou voted for his opponent. Have
you conversed with the candidate to whom you made the promise since
election, or since the institution of these proceedings?

[Objected to by contestant's counsel, for the reason that the witness
has declined to state for Avhoni he voted, and that the Commission have
decided that he is not comjDelled to answer a question of this character.]

A. — I have not.

Q. — Did you before election?

[Objected to.]
.A. — Not that I know of personal!}-.

Q. — Please state, if you recollect, the person or persons with whom
you had conversation at the time you partly promised, as you have
82)0 ken?

[Objected to.]

A. — I could not say for certain; had talk with several; was talking
with Judge Farley of Salinas City, and Mr. Soto of New Itcpublic.

Q. — Then it was to Judge Farley, to the best of your recollection, you
had made the promise?

[Objected to.]

A. — Not to support Senator, I had not.

RE-DIRECT EXAMIXATIOX.

Q. — Was it not to Mr. Soto that you made the partial promise that
you have referred to?

A. — It was not.

Q. — State whether you had ever voted in the State of California in
any other county than Monterey County; if yes, state in what county,
and when?

[Objected to upon the ground that it is irrelevant, immaterial, and is
going into the original case.]

A. — Yes, sir, in Sierra County, the last Presidential election.

JAMES CULLMAN.

On motion of contestant, the fui'ther taking of the testimony is now
adjourned until ten o'clock a. m. Monday morning, to wit, the twentieth
day of November, A. D. eighteen hundred and seventy-one.

108

November 20th, 1871.

TESTIMONY OF A. J. GILLETT.

A. J. GiLLETT, being duly sworn to tell the truth, the whole truth, and
nothing but the truth, relating to the controversj' in the above entitled
contest, testifies as follows, to wit:

Question — State your name, age, and residence?

Answer — A. J. Gillett; age, twenty-seven years; residence, Salinas
City.

Q. — State whether or not jou voted at the general election held in the
State of California on the sixth day of September, A. D. eighteen hun-
dred and seventy-one; if yes, where?

[Objected to as leading, secondary, and not the best evidence.]

A. — Yes, at Salinas City.

Q. — In wduit voting precinct and county?

[Same objection as last question.] ^

A. — Monterey County, Salinas Precinct.

Q. — State whether or not yon voted for any jDcrson for the office of
State Senator for the Sixth Senatorial District for the State of Cali-
fornia, composed of the Counties of Monterey and Santa Cruz?

[Objected to as incompetent, and for the further reason that the
elector is not required to reveal the character of his ballot.]

A.— I did.

Q. — For whom did you so vote?

[Objected to ujoon the ground that it is asking the witness to reveal
the character of his ballot, and that he cannot be required to reveal
either the character of his ballot or for whom he voted.]

A. — I decline answering that question; I think a man has a right to
vote for who he j^leases and claim it as a constitutional right.

Contestant asks the Commission to compel the witness to answer.

Commission decide witness shall not be compelled to answer.

Q. — State to what jiolitical party, if any, j^ou belong?

A. — I decline to answer that question; I do not btslong to any in par-
ticular.

CROSS EXAMINATION.

Q. — How long had j-ou been a resident of the State of California im-
mediately next preceding the sixth day of Sej^tember, eighteen hundred
and seventy-one?

A. — Nineteen years continuously.

Q- — How long had 3'ou been a resident of said Salinas Precinct, Mon-
terey County, immediately next preceding the said sixth day of Sei3tcm-
ber, eighteen hundred and seventy-one?

A. — Pretty near a 3'ear; over nine months.

Q. — Where was you born?

A.— Wisconsin, United States of America.

Q. — What, if an}^ inquiry or investigation did you make prior to said
election, to ascertain whether your name was registered on the Great
Kegister of the said County of Monterey and enrolled on the poll list of
said voting precinct?

A. — It was on the Great Ecgister; I saw it on the poll list; I never
saw it on the Great Eegister, but inquired, and they said it was there; I

109

sent my name in to Monterey to have it on the Great Ecgistcr; I never
iiiw it on llie (ireat Jxeiifister, but saw it on the poll list.

Q- — Have you voted in said Monterey County at Ibrmer elections?

[Objected to as irrelevant.]

A. — Yes, sir.

Q. — At what elections, if you now remember?

[Objected to as irrelevant.]

A. — At the State election, the county election, and the Presidential
election.

A. J. GILLETT.

On motion of contestant, the further taking of the testimony is now
idjourned until ten o'clock A. M., Tucsda}-, to wit: the tweuty-tirst day
Df November, A. D. eighteen hundred and seventy-one.

November 21st, 1871.

Ten o'clock a. m. — Further adjournment to two p. M., this day.

TESTIMONY OF F. M. WAEB.

F. M. Ware, being duly sworn to tell the truth, the whole truth, and
nothing but the truth, relating to the controversy in the above entitled
contest, testifies as follows, to wit:

Questiou'—State name, age, and residence?

Answer — F. M. Ware; thirty-six j'ears; San Juan Precinct.

Q. — How long have you resided there continuouslj'?

A. — ^Since eighteen hundred and sixty-eight.

Q. — State whether or not you voted at the general election held in the
State of California on the sixth day of September, A. D. eighteen hun-
Ired and seventy-one? If yes, where?

A. — I did; San Juan Precinct, Monterey Count^^

Q. — State whether or not you voted for any person for the office of
State Senator for the Sixth Senatorial District of the State of California,
composed of the Counties of Monterey and Santa Cruz?

[Objected to upon the same grounds contained in the objection made
to the third interrogatory propounded to James Cullman. See Cull-
man's deposition.]

A.— I claim the constitutional right, etc.; yes, I did.

Q. — For whom did you so vote?

[Objected to upon the ground that it is leading, incompetent in this,
that the witness cannot be required or compelled to reveal the character
3f his ballot, or for whom he voted.]

A. — I decline to answer under the constitutional right.

Contestant asks that the witness be compelled to answer.

Commission decide he shall not he compelled to answer.

CROSS EXAMINATION.

Q. — Please state where you was Lorn?

A. — In Missouri, United States of America.

110

Q. — How long had jou been a resident of the State of California next
preceding- the sixth day of September, eighteen hundred and seventy-
one?

A. — Landed at San Jose, California, six 5'ears ago hist June; lived
about San Jose for about three j^ears, and then moved to Hollister,
Monterey County, California.

Q. — To what township or precinct did j^ou come when you came from
Santa Clara County to Monterey County?

A. — Can't tell you; suppose San Juan Precinct. Voted first in Hol-
lister Precinct after it was laid off.

Q. — Was you absent from said Monterey County at any time since you
left Santa Clara County and came to Monterey County to reside?

A. — 1 left Monterey County and went to Oregon about the eighth of
June, eighteen hundred and seventy, on a visit, and returned about the
first of August, eighteen hundred and seventy-one.

Q. — To what precinct did you return to?

A. — San Juan Precinct, Monterey County, State of California.

Q. — Then you had returned to your home more than thirty days next
preceding the sixth day of September, eighteen hundred and seventy-
one.

A.— I had.

Q. — Did you reside continuously in said San Juan Precinct from the
timg you returned up to the day of said election?

A.— I did.

Q. — Had you voted at former elections in said County of Monterey?

A.— I had.

DIRECT EXAMINATION RESUMED.

Q. — To what political party, if any, do you belong?

[Objected to as immaterial.]

A. — Democratic party, if there is any.

Q. — ^Yhen you left for Oregon did you not disjDose of all your inter-
ests in lands owned by you in this county?

[Objected to upon the ground that it is cross examination of contest-
ant's own witness.]

A. — No, sir; I consider that I did not.

Q. — Did you not sell or give a bond to sell such lands?

[Objected to upon the ground that it is leading, and in cross examina-
tion of his own witness.]

A. — I did, but the contract was forfeited; so I claim it was no con-
tract.

Q. — Was not this forfeiture your only inducement to return to this
State from Oregon?

[Same objection as to last question.]

A. — It was not.

Q- — What other inducement did you have?

[Objected to as leading, and as imi)eaching, or an attempt to impeach,
contestant's own witness.]

A. — Difference in the climate; rained six months in the year; thought
it was nither a long shower, and so came away from there.

Q- — Was not the long shower the inducement for you to return to
California, and the only one?

A. — No, sir.

Q. — What other inducement did you have?

Ill

[Same objection a.s last made]

A. — I wanted to come back home; did not want to stay on a visit
always.

Q. — When 3-011 loft for Oregon did you not tell, or give it to be under-
stood by 3-our friends and neighbors, that you were going to locate there
permanently?

[Objected to upon the ground that it is cross examination of contest-
ant's own witness, and is an attempt to impeach the witness brought
here by contestant under a process issued at his instance, and procured
to be brought here by force, and is an unprofessional and unwarranted
attack upon his character, veracity, and standing.]

A. — I did not to anj'body whom it might concern, relations or friends;
I alwaj's told them I w-as coming back; had no knowledge when it would
be, but shortly; I mean not a great length of time. My object in pay-
ing that visit was to see my only brother, who came to this country
Avitli me six years ago, and he promised to come home with me.

Q. — Do j'ou say you never told anybody that you were going to locate
permanently in Oregon?

[Same objection as to last question.]

A. — I never did.

Q. — Did you not buy or attempt to buy land in Oregon, with a view
to permanent location there?

[Objected to upon the same ground as in preceding objection, and that
it IS immaterial.]

A. — I did not.

RE-CROSS EXAMINATION.

By Respondent — Then j-ou only went to Oregon on a visit to see your
brother, not with a view of changing 3"our residence?

[Objected to as leading.]

A.— I did.

[Answer objected to on the ground that respondent's counsel sug-
gested the words which the witness used in his answer.]

F. M. X WAEB.

Mark.

Witness: M. G. Elmore.

On motion of contestant, the further taking of testimony is now ad-
journed until ten o'clock a. m. Wednesday morning, to wit: the twenty-
second day of November, A. D. eighteen hundred and seventy-one.

November 22d, 1871.
Met and adjourned until two o'clock P. m.

" ' TESTIMONY OF JACOB LEESE.

Jacob Leese, being duly sworn to tell the truth, the whole truth, and
nothing but the truth relating to the controversy in the above entitled
contest, testifies as follows, to wit:

112

Question — State name and age?

Answer — J. li. Lecse; thirty-two years old.

Q. — State your business?

A. — Deputy Slieritf^ and have been for the last five years.

Q. — State whether or not you have been engaged in any official busi-
ness in connection with the examination of witnesses in tiie proceedings
herein; if yea, what business did you transact in connection therewitli?

A. — I have subpoenas i)hiced in my hands for several witnesses in this
case; some of them I have served, and others I could not find.

Q. — What search did you malie, if any, and what inquiries, if any,
to ascertain the whereabouts of such witnesses as you say you could
not find?

A. — I tried ray best to find them; I was informed that several of
them left the State; others were out ol' their homes when I went there;
others changed their residences; I went to the place where I supposed
thej^ resided then, and could not find them; I proceeded on my way,
and returned to the same places where I was before to see whether
they had returned to their homes, but I did not find them.

Q. — State whether you went the second time through Tres Pinos and
HoUister Precincts to search for the witnesses named in such sub-
poenas?

[Objected to.]

A.— I did.

Q. — How long after you went there the first time?

A. — Three days afterwards.

Q. — Upon 3^our second search did yon find any j)erson or persons that
were absent from their homes at your first attempt to serve the sub-
poenas?

A. — I found one on the subpoenas placed in my hands on the first trip,
Alonzo Heller.

Q. — Had you returned the subpoenas placed in your hands on the first
trip?

A. — ISTo, sir.

Q. — State the names of the witnesses that you were unable to find
after having taken both trips? •

A. — Samuel G. Medley, Frank Harden, Jeremiah Kelleher, Jerome
Perry, Eldridge M. Hines, G. W. Leutz, and H. Sauley; these are the
witnesses I lailed to find on both of my trips to Tres Finos and llollister,
Natividad and San Lorenzo, on some of which I made but one trip for;
E. M. Hines, G. W. Leutz, H. Sauley, and Jerome Ferry — those I failed
to find in San Jjorenzo and Natividad, and I only made one trip there.

Q. — State the names of the persons that you received the second sub-
poenas for in the HoUister Precinct?

A. — I received the subpoenas for E. H. Jones, A. J. Pader, John Janett,
Leandro Emery, Gilbert Mulch, Detlelf Jansan, M. B. Bailey, A. Kolman,
John Maze, John Wesley Grewell, Wilham W^eathers, and James Hudner;
those are the ones I failed to find.

Q- — Do you know of any of those witnesses having been sworn in
this examination?

A. — No, sir, except Peter Crisman; I do not know.

Q. — Which, if any, of the witnesses had left for the East?

A. — B}' information I found that E. S. Jones and John Janett had
gone to the East.

Q. — Did you or did you not ascertain where John Wesley Grewell
now is; if yea, state?

113

A.— I (lid; 1 ascertained through his brother that he is employed at
the telegraph otiico in San Jose.

Q. — State wiiat intbrniation you received, if any, as to the whereabouts
of James Jludner?

[Objected to as incompetent, the returns being the best and only evi-
dence to prove the foregoing facts.]

A. — I found through lludner's wife that he was out in the field, and
then she said ho was gone to Santa Clara.

Q. — State whether or not you ascertained the whereabouts of Samuel
G. Medley and Frank Hardin?

A. — I ascertained through Mr. McKnight and Mr. Snider that Mr.
Medle}^ had left for Sacramento, and Frank Hardin had gone to Santa
Clara; I got the last information from persons I am not acquainted with.

CROSS EXAMINATION.

Q. — What arc your political sentiments?

A. — Black liepublican.

Q. — You were asked, in a question propounded to j'ou by contestant's
counsel, on your examination iu chief, if you had official business in
connection with the examination of witnesses herein; your answer was,
"I have;" is that what you intended to state?

A. — As concerns the Sheriff's office, that is what I intended to state.

Q. — Then you had something to do in the examination of witnesses in
this contest?

A. — No, sir; only brought them here on subpoenas.

Q. — Please tell us, then, why it was, in your answer to the question
asiced you as to what official connection you. had in the examination of
witnesses, or if you had any, you answered contestant you had?

A.-r-It was a misunderstanding on my j)art.

Q. — Do I understand you to state you only went one trip to San
Lorenzo and Natividad for the purpose of subpoenaing witnesses?

A. — Yes, sir; only one.

Q. — How many witnesses did you subpoena in those two precincts,
and how many contained in yoxw subpoena did you not get service upon?

A. — I subpoenaed two in Salinas Precinct that belonged to the San
Lorenzo Precinct; failed to find two from Natividad, and failed to find
two from San Lorenzo Precinct.

Q. — You have not returned to said precinct since with the original or
any other process?

A. — Not belonging to this contest.

Q. — When did you make your last visit to Hollister and Tres Pinos?

A. — On the sixteenth and seventeenth of November.

Q. — Were you not in Hollister on the twentieth of November?

A. — Yes, sir, I was.

Q. — Did you make any inquiry on that day for said E. H. Jones, A. J.
Eader, Janett, Emery, M. B. Bailey, (jJrewell, and Hudner?

A. — I did not. I inquired at Mr. Arques' store for Mr. Hudner.

Q. — Did you not know that all these gentlemen, except Mr. Hudner,
were in the Town of Hollister, and at their respective homes, fol-
lowing their vocations, save that of M. B. Bailey, who was that day
registered at the Montgomery House and intermingling with the people
on the streets?

[Objected to,]

114

A. — I am not personally acquainted with any of those gentlemen. I
might have met them and not have known them. I made inquiries there
and failed to find where they were. Made my inquiries before the
twentieth, as I did not go for that business that day.

Q. — Is it or is it not a fact that you had subpoenas for men who in the
course of your travels and investigatious you found to be Eepublicans,
and therefore did not subpoena them?

A. — I did not stop to inquire whether they were Eepublicans or Demo-
crats.

RE-DIRECT EXAMINATION.

Q. — State whether or not either contestant or either of his attorneys
gave you any advice or instructions directly or indirectly to fail to serve
any subpoena issued by this Commission upon any person named in such
subpoena upon finding out that such witness was a liepublican, if true?

A.— No, sir.

Q. — Did you make diligent search for every witness named in each and
every subpama issued by either of the Justices and placed in your hands
for service? If yes, state whether you served the same upon such wit-
nesses that 3'ou were able to find?

[Objected to upon the ground that it is leading and going into contest-
ant's original case, the witness having already answered and stated the
diligence he used and Avhat he did; and further, his returns, if any he
has made, are the best and only evidence to prove the fact.]

A. — 1 did my best to find every man whose subpoenas were i^laced in
my hands, and those I did find I made personal service upon.

RE-CROSS EXAMINATION.

Q. — You mean by doing your best, do you not, by simply making your
first and second trip to their place of residence, as you have stated
before?

[Objected to because the question assumes what the witness has not
eworn to.] •

A. — No, sir. I could have done better, I suppose, if I had had more
time. Some of them were expected to arrive within a few daj's.

JACOB E. LEESB.

On motion of contestant, the further taking of the testimony is now
adjourned until ten o'clock A. M., Thursday morning, to wit: the twenty-
third day of November, eighteen hundred and seventy-one.

November 23 d, 1871.

TESTIMONY OF W. V. McGAEVEY.

W. V. McGarvey, being duly sworn to tell the truth, the whole truth,
and nothing but the truth in this controversy now pending, testifies as
follows, to wit:

Question — State name, age, residence, and occupation?

115

Answer — W. V. McGurvey; age, fortj-six years; occupation, County
Assessor; resiLleuce, San Juuu, Monterey Couuiy, Calilorjiia.

Q. — State liow long- 3'ou have been Assessor of M^ontcrey County, Cali-
fornia?
• A. — Twelve years.

Q. — When wore 3'ou last elected such Assessor?

[Objected to as immaterial.]

A. — On the sixth day of Sej»tember last.

C^. — State whether or not after you became a candidate for same
office you personally visited the precincts of said county?

[Objected to as leading and irrelevant.]

A. — I did, most of them.

Q. — What precincts did you not visit?

A. — San Antonio and Peach Tree.

Q. — For what i)urpose did you visit those precincts?

[Objected to as immaterial and irrelevant.]

A. — Partly on official business and partly electioneering.

Q. — State what o])portunities, if any, you had to ascertain the general
reputation of the political character of the voters, or any of the voters,
of such precincts, and as to the party to which they belonged at the time
of the election held on September sixth, eighteen hundred and seventy-
one.

[Objected to as incompetent and irrelevant, the question going to all
the voters indiscriminately of the county and not to any particular
voter.]

A. — I consider the opportunity, on my part, very good to find out the
politics of the voters generally. I generally inquired the politics of
voters that I came in contact with.

Q. — Had you any interest in ascertaining the politics of voters? If
yes, state what interest?

A. — I had, because I was a candidate on the Democratic ticket.

Q. — In your visiting the several precincts, as you have hereinbefore
stated, in Monterey County, will you state whether or not you came in
contact with the ibllowing named persons, and if yes, whether you ascer-
tained the political ciiaracter of such persons: E. S. Jones, John Wesley
Grewell, A. J. Pader, John J. Janett, Leander Emery, Win. A. Moody,
Gilbert Mulch, Peter Crisman, Wm. Weathers, M. B. Bailej^, James Hud-
ner, of IloUister Precinct; Hiram Nelson Watson, Samuel G. Medley,
Alonzo Heller, Frank Hardin, of Tres Pinos Precinct; Henry Crowell,
Henry Crewell, and F. M. Ware, of San Juan Precinct; John Council,
Joseph Jas. Holcomb, John Fred. Theo. Chas. Werner, Pajaro Precinct;
S. E. McKay, S. E. lioberson, E. C. Wright, Castroville Precinct; James
Cullman, Lewis Lee, Wm. P. Madden, Henry Eiiey, Daniel Walsh, of
Santa liita Precinct; Eldridge H. Hines, Eldridge H. Hiner, of Soledad
Precinct; G. W. Lentes, H. Stanley, of Natividad Precinct; J. H. Con-
ner, John Cockrill, J. S. Glossen, Lawrence Hyzell, Henry Hugo, J. B.

P. Nance, P. L. Reed, Geo. A. Snider, ■ Van Valkenberg, of Salinas

Precinct; Jerome Perry, of San Lorenzo Precinct; and if yes, state the
sameV

" [Objected to as leading, incompetent, and further, that the question is
unintelligible.]

A.— Jones, Mulch, Crisman, Bailey, Hudner, Medley, Heller, Eader,
Hardin, Crowell, Connell, Holcomb, lioberson, Wright, Cullman, Wat-
son, Madden, Riley, Hines, Conner, Cockrill, Glossen, Reed, and Snider,
I do not know their politics. Grewell, Hyzell, Yan Valkenberg, and

116

Perry, believe to be Eepublicans; Janett, Moody, Weathers, Crewell,
Ware, Lee, Walsh, Stanley, Nance, believe to be Democrats; J. F. C.
Werner, the only Chas. Werner I know in Pajaro, I put down as a Re-
publican; E. II. Hiner, believe to be a Democrat, but not personally
acquainted with him; Emery, Watson, McKay, Lentes, and Hugo, I do
not know.

Q, — State where Cockrill and Ilyzcll reside; how near Salinas City
and in what direction?

A.— I do not know where; have met them in Salinas.

Q. — Do 3'ou know more than one Hyzell in Salinas Precinct?

A. — I do not.

Q. — Do you know more than one Werner in Pajaro Precinct?

A. — I don't know any such a man as Werner; the Charles Warner I
know, is a distiller, and about fifty years of age.

CROSS EXAMINATION.

Q. — IIow long have you known Cockrill and Hyzell in Salinas Pre-
cinct?

A. — Can't say that I have been acquainted with them before eighteen
hundred and seventy-one.

Q. — How many months have you known them to be there?

A. — Don't think I have known them to exceed six months.

Q. — Did you know them in that precinct for the last six months ?

A. — Met ihem in Salinas, and understood they belonged in Salinas;
not intimately acquainted with them.

Q. — Is it not a fact known to you, that Democrats voted at the last
election, viz: on the sixth day of Sei^tembel", eighteen hundred and sev-
enty-one, in the County of Monterey, State of California, for Thomas
Flint?

[Objected to as irrelevant.]

A. — Yes, sir; I know Democrats that voted for Thomas Flint.

Q. — Has it not been rejiorted to you, and is it not common report
through the community, that the gentlemen you have yarned, or a part
of them, as Democrats, in answer to the question propounded to you in
chief, voted for Thomas Flint, the contestant herein, at said election?

A. — Yes, sir.

Q. — You do not pretend to know how any of the gentlemen named by
you in the enumeration of names contained in the question propounded,
to you in chief, and in your answer thereto, voted, except those of the
Democrats, some of whom you say are reported as having voted for
Flint?

[Objected to.]

A. — I do not know from my own knowledge how any of them voted,
but I have heard it said by a reliable person that a part of those whom
I have testified to be Democrats told the person that they voted for
Thomas Flint.

Q. — Where were you on the day of election?

A. — At San Juan Precinct.

Q. — Was there not, in circulation among the voters on that day. Dem-
ocratic tickets, so-called, with the name of Thomas Flint, contestant
herein, printed or pasted thereon?

A. — 1 did not see any printed, but saw some Democratic tickets with
Dr. Flint's name pasted thereon.

117

Q. — Was not tlie pasting so artistioallj' clone that a voter, unless he
read his tieket carefully and seruLiniised iL closely, was liable to be de-
ceivcil and vote for Flint? ,

[Objected to.]

A. — The pasting was not very nicely done, although a man might have
been deceived.

Q. — Is it not true that a large number of Democrats, so-called, voted
for Flint at said election?

["Objected to.]

A. — I know of some Democrats who voted for Flint.

Q. — Is it not the current report that quite a large number of Demo-
crats, so-called, voted for Flint?

[Objected to.]

A. — It is reported hci'c that some Democrats voted for Flint.

RE-DIRECT EXAMINATION.

Q. — You state that some of the men whom you call Democrats are
reported to have voted for Flint. Do you know which of these men
so voted; if so, give their names?

[Objected to upon the ground that the witness has not stated that he
knew which of the men so voted, or how any one of them voted.]

A. — I have learned that F. M. Ware voted for Flint.

Q. — State the name of the reliable j^erson who said that certain of
those who 3'ou called Democrats stated to him that they hud voted for
Thomas Flint?

A. — Thomas Meloney of Ilollister — that F. M. Ware told him that he
voted for Flint. He told me so within the last three daj's.

Q. — Do you know the name of any other Democrat who is reported
as having voted for Flint in San Juan Precinct?

A. — Not positively. Can't particularly name any now.

Q. — Then F. M. Ware alone constitutes the " some Democrats " who
are reported to have voted for Flint?

A.— Xo.

Q. — AVho then are the others who voted for Flint?

A. — I won't answer it.

Q. — Is Thomas Meloney the only person who told you that certain
Democrats voted for Flint?

A. — Yes, he is the only man.

Q. — Were there not Republican tickets in circulation on the day of
election (September sixth, eighteen hundred and seventy-one) in San
Juan Frecinet, with the name of Thomas Flint erased and the name of
Thomas Beck either written, printed, or pasted in its place?

[Objected to on the ground that it is in cross examination of contest-
ant's own witness.]

A. — I don't remember of seeing those kind of tickets on the day of
election.

Q. — Were you not present at said election and at the polls thereof
when said F. M. Ware voted?

A. — I was.

Q. — Did you not see F. M. Ware vote, and then and there announce,
" Gentlemen, here goes a straight Democratic ticket?"

[Objected to as in cross examination of contestant's own witness.]

118

A. — Yes. AdcI lie might have made such declaration, but I don't
remember of his making it.

Q. — Did he not vote an open ticket?

A. — I believe he did not fold his ticket up as voters generally do.

W. V. McGAEVEY.

TESTIMONY OF W. M. E. PAEKEE.

W. M. E. Parker, being duly sworn to tell the truth, the whole truth,
and nothing but the truth in the matter of the present contest, testifies
as follows, to wit:

Question. — State your name, age, occupation, and business?

Answer. — W. M. E. Parkerj age, thirty-four years; County Clerk of
Monterey County, California.

Q. — State, if you know, who is Clerk of the Board of Supervisors of
Monterey Count}'?

A. — I am, ex officio Clerk.

Q. — How long have you been County Clerk and ex ofiicio Clerk of the
Board of Supervisors of Monterey Count}'?

A. — Since March, eighteen hundred and seventy.

Q. — Who has charge of the returns of election held on the sixth day
of September, A. D. eighteen hundred and seventy-one?

[Objected to.]

A. — I have.

Q. — Where now are the list of j^ersons who voted in the several pre-
cincts of the County of Monterey as kept by the Clerks of such election
and returned to you as County Clerk?

A. — I have them in my jJossession.

Q. — Where are they now?

A. — I have brought all here, except the returns of 4Ban Antonio and
Monterey Precincts, which I was commanded to bring here.

Q — Make an examination of the returns from the Peach Tree Pre-
cinct and state whether you find thereon the names of C. A. Imus and J.
Bandy?

[Objected to as immaterial, irrelevant, and incompetent.]

A. — C. A. Imus I see here; J. Bandy's name is here also.

Q. — Make an examination of the returns from Tres Pinos Precinct
and state whether you find thereon the names of Hiram Nelson AVatson,
Samuel G. Medley, Alonzo Heller, and Frank Hardin?

[Same objection as to last question — immaterial, irrelevant, and
incompetent.]

A. — Those names all appear upon the returns.

Q. — Make an examination of the returns from the Hollister Precinct,
and state whether you find thereon the names of John Maze, E. S. Jones,
John Weslej' Grewell, A. J. Eader, John J. Janett, Leander Emery,
William A. Moody, Charles Anderson, Gilbert Mulch, Peter Crisman,
William Weathers, Detlefi:' Jansan, M. B. Bailey, A. Coleman, James
Hudner?

[Objected to as immaterial, irrelevant, incompetent, and is' secondary.]

A. — I find all of the above names excej)t Charles Anderson.

119

Q. — In the answers to your last three questions have you read the
names from the original returns of election (le])osite*l in your office by
the Clerks or Inspectors of Election, or the Board of Elections?

[Objected to as incompetent, secondary, attempting to prove the con-
tents of the county records by parol ]

A. — They are from the same returns as canvassed by the Board of
Supervisors.

Q. — Make an examination of the returns from the San Juan Precinct
and state whether j'ou find thereon the names of Henry Crowell,
Henry Crewell, and Oliver B. Eichards?

I find the names of Henry Crowell and Oliver B. Hichards, and Henry
Crewell is not on the returns.

Q. — -^^ake an examination of the returns from Pajaro Precinct and
state whether you find the names of Joseph James Holcomb, John Con-
nell, John Frederick Theodore Charles Werner, and David Mitchell?

A. — I find those names all here.

Q. — Make an examination of the returns of Santa Rita Precinct and
state whether you rind the names of James Coleman, Lewis Lee, Isaiah
K. Long-, William P. Madden, Henry Riley, and Daniel Walsh?

A. — I find the names of Daniel Walsh, Isaiah K. Long, James Cole-
man, and William P. Maldon.

Q. — State whether or not you find the name of James Culbnan upon
that return?

A. — Xo, sir.

Q. — Do 3'ou find the name of James Colman upon the returns?

A. — Xo, sir.

Q. — Make an examination of the returns of Castroville Precinct and
state whether you find the names of S. E. McKay, Antonio Mesquito, J.
E. Roberson, and E. C. Wright?

A.— I find the names of E. C. Wright, S. E. McKay, and J. E. Rober-
son, but do not find the name of Antonio Mesquito.

Q. — Make an examination of the returns of Soledad Precinct and state
whether you find the names of Eldridge H. Hines, Eldridge H. lliner,
Jesus Olilbo, and Jesus Otelbo?

A. — I find the names of Eldridge H. Hiner and Jesus Otelbo, and do
not find the names of Eldridge H. Hines or Jesus Olilbo; the name of
Hiner may be Hines.

Q. — Make an examination of the returns from the Xatividad Precinct
and state whether you find thereon the names of G. W. Leutes, H. Stan-
ley, Ct. W. Scutes, and G. W. Leates.

A. — I find the names of H. Stanley and G. W. Leates, and cannot find
G. W. Leutes or G. W. Seutes.

Q. — Make an examination of the returns from the Salinas Precinct
and state whether you can find the names of John Coekeril, J. H. Glos-
sen, J. H. Glassen, Lawrence Hyzell, J. H. Glessen, Henrj- Hugo, J. B.
P. Xance, P. L. Reed, George A. Snider, T. L. Reed, Lewis A. Soberanes,
John F. Snider, and A. J. Gillett?

A. — I find the names of John Coekeril, J. H. Glossen, Henr}' Hugo,
T. L. Reed, John F. Snider, A. J. Gillett, and Lawrence Hj-sell, and do
not find the names of J. H. Glessen, J. B. P. Xance, George A. Snider,
Lewis A. Soberanes, but I find the name of Jose Soberanes; the T. L.
Reed might be P. L. Reed.

Q. — Make an examination of the returns from San Lorenzo Precinct
and state whether you find the name of Jerome Perrj^?

A. — I find the name of Jerome Perry.

120

Q. — State whether or not you, as such Countj^ Clerk of Monterey
County, have control and possession of the Great llegister of Monterey
County?

A. — Yes, sir.

Q. — State where the Great Eegister of said county now is.

A. — It is now before me, here in my possession.

Q. — Will you examine the Great l^egister of Monterey Countj^, now
before you, and state whether or not the following names are regist^ered
thereon, to wit: C. A. Imus, J. Bandy, Hiram Nelson Watson, Samuel
G. Medle}^ Alonzo Heller, Frank Hardin, John Maze, E. S. Jones, John
Wesley Grewell, A. J. Eader, John J. Janett, John Janett, Leander
Emery, William A. Moody, Charles Anderson, Gilbert Mulch, Peter Cris-
man, William Weathers, Detletf Jansan, M. B. Bailey, A. Coleman,
James Hudner, Henry Crowell, Henry Crewell, Oliver B. Richards,
JosejDh James Holcomb, John Connell, John Frederick Thomas Charles
Werner, David Mitchell, James Coleman, Jones Coleman, Lewis Lee,
Isaiah K. Long, William P. Maiden, Henry Eiley, Daniel Walsh, S. E.
McKay, J. E. Eoberson, E. C. Wright, Eldridge H. Hines, Eldridge H.
Hiner, Jesus Otelbo, H. Stanley, G. W. Leates, John Cockerill, J. H.
Glossen, Henry Hugo, T. L. Eeed, John F. Snider, A. J. Gilletl, Law-
rence Hyzell, Lawrence Hysell, Jerome Peri-y, and Nelson Streuve?

Upon motion of the contestant, the Commission adjourned until ten
o'clock A. M. Friday morning, November twenty-fourth, eighteen hun-
dred and seventy-one.

November 24th, 1871.
TESTIMONY OF W. M. E. PAEKER RESUMED.

I find the following names on the Great Eegister: J. Bandy, registered
as Jesse Bandy, October 3d, 1871; John Wesley Grewell, same date; A.
J. Gillett, properly registered; James Hudner, October»3d, ISH; Isaiah
K. Long is on; John W. Maze is on; William A. Moody, October 3d,
1871; William P. Mauldin is on (the poll list calls for Maldin, and he is
evidently the same man); A. J. Eader is on, and his name was canceled
June 26th, 1871, and has not been entered since; Oliver B. Richards, J.
E. Eoberson, T. L. Eeed, and John T. Snider are properly on Eegister;
William Weathers, registered October 3d, 1871; Daniel Walsh, name
canceled August 30th, 1869, and does not appear snice that date; E. C.
Wright appears on Eegister as C. E. Wright, for Castroville Precinct.
I do not find the names of M. B. Bailey, Peter Crisman, A. Coleman,
Henry Crowell, John Connell, (James Coleman does not appear on Eegis-
ter, but James Kulman does); John Cockerill, Leander Emery, J.' H.
Glassen, Joseph James Holcomb (but James A. Holcomb does appear);
Alonzo Heller, Frank Hardin, Eldridge H. Hiner or Eldridge H. Hines,
Henry Hugo, Lawrence Hyzell (but the name of W^illiam Lorau Hyzell
^ does appear from same precinct), C. A. Imus, (E. S. Jones does not, but
^ P. S. Jones does appeai;_from same precinct); John J. Janett, John Janett,
Detletf Jansan, G. W. ^eates, Samuel G. Medley, John Maze (but name
of John W. Maze docs appear), Gilbert Mulch, David Mitchell (name of
Daniel Mitchell does appear from same precinct), S. E. McKay (but name

121

of L. E. McKay appears from same precinct), Jesus Otilbo, Jerorao
Perry, lleiny Jiilc}-, 11. Stanley, Nelson Streuvu, lliruni Nelson Watson,
or Jolm Frederick Theodore Cluiries Werner.

(^. — Examine the returns I'rom Pajaro Precinct, and see if you find
whether or not the name of Nelson .Streuve appears upon the Clerk's
returns of those who voted in that precinct?

A. — Yes, it docs appear.

Q.^-Examine the returns from Salinas Precinct, and state whether
there appears thereon as having- voted the names of Jacob Savage and
Van Val ken berg?

A. — I tind the name of Van Yalkenberg, but not the name of Jacob
Savage.

Q. — Examine the Great Eegister, and see if Van Valkenberg appears?

A.— No.

Q. — Examine the returns from Castroville Precinct, and state whether
there a})pears thereon as having voted the name of William Zimmer-
man?

A.— No.

Q. — Examine the returns from Ilollister Precinct, and state whether
there appears thereon as having voted the name of James A. Holcomb?

A. — Yes.

CROSS EXAMINATION.

Eespondent now moves to strike out all the testimony of W. M. E.
Parker, from interrogatory number three to the conclusion of his testi-
mony, upon the ground that his testimony relates to and is intended to
prove the contents of the count}' records and written documents, the
loss of which has not been Established, or attempted to be established,
but ap])ears, b}' his own testimony, is in existence, and no otter made of
any such instruments or records; and his testimony only appears to be
simply the result of his examination of said records and documents; and
while respondent now cross examines the said witness upon the subject
matter of his statements in chief, he does so having no legal rights to
strike out as aforesaid.

DIRECT EXAMINATION RESUMED.

Q. — State whether or not you have, in answer to questions Nos. 7, 8,
9, 10, 11, 12, 13, 14, 15, IG, 17, 18, 19, 20, 21, 24, 25, 27, and 28, read from
the returns of election, deposited with you as County Clerk by the
several Clerks or Boards of Election, for the general election held
September sixth, eighteen hundred and seventy-one?

A.— Yes.

Q. — State whether or not such returns from said election have been
continuously in your possession since the same were deposited with you
by such Clerks or Boards of Election?

A.— They have.

Q. — State whether, in answer to questions numbers twenty-three and
twe-nty-six, the names appearing in your answer were by you read from
the Great Eegister of said County of Monterey, and whether you
thoroughly examined the said Great Eegister of said county to ascer-
tain whether or not the names that you have in your answer stated
were not upon the Great Eegister, to find the same?

122

A. — Yes, I thoroughly exnrained it; those I said I found, I did find;
and those I said I did not find, I did not.

Q.^^ln whose possession has the Great Ecgister of Monterey County
been for the past year, and in whose possession is it now?

A. — Been in mine, and it is in mine.

CROSS EXAMINATION.

By Respondent — Respondent moves to strike out the four last preced-
ing- questions and answers upon the same ground contained in the
motion to strike out herein aforesaid.

Q. — Your answer to all the questions propounded to you in chief, in
regard to the Great Register and poll lists, is the result of an examina-
tion of them, or reading them over, is it not?

A. — Yes.

Q. — Is it not 25ossible that you, in reading over the Great Register,
overlooked many of the names mentioned in your answers?

A. — It is possible, but hardly probable, as I examined very carefully.

Q. — When did you examine it?

A. — Here before you yesterday, the twenty-third of November, and
to-day, the twenty-fourth.

Q. — About how long were you examining the Great Register?

A. — About three hours.

Q. — Then that is the only examination you made?

A. — That is the only examination made here; have made some of
these examinations before for some of these names.

Q. — At whoso instance did you make such examination?

A. — Colonel Heath, attornej^ for contestant.

Q. — Bid you have any deputy clerks immediately preceding the sixth
of September, eighteen hundred and seventy-one, authorized to register
the names of voters on the Great Register of the County of Monterey,
and if so, please state their names?

A. — I had J. W. Whitney at San Juan, H. M. Haj^es, James F. Breen,
S. M. Shearer, R. H. McElroy, R. L. Mathews, Francis SylvesteV, A. W.
Poole, Robert McKee, G. W. Rodehouse, C. P. Bailey, J. H. McDougal,
and W. L. Carpenter.

Q. — Is the James F. Breen you have mentioned in jovly last answer
the same gentleman now appearing as counsel before this Commission
in this contest?

A. — He is the same James F, Breen who appears here; I do not know
whether he is counsel or not.

Q. — Is the J. W. Whitnej^, mentioned as one of your Deputy Clerks,
the same J. W. Whitney who now sits before you as one of this Com-
mission?

A. — He is; he acts as my deputy in San Juan, acting as a general
deputy, and was not appointed for that special purpose.

Q. — Do 3'ou state that none of the names contained in your answer to
question asked you in chief, as not being on the Register, are upon the
Great Register of the County of Monterey?

A. — I do; I have made careful examination, and don't find them.

Q. — Do you state that the name of A. Kolman and others are not
upon that Register?

A. — I have not examined for A. Kolman, but did for A. Coleman; A.
Kolman is upon the Register from HoUister Precinct; the others I have
examined for are not upon the Register.

123

Q. — ITow and in what way did j-our scvoral deputies make tlioir
rotunis and reports to your otfico of the various names reg'istered by
them ujion the Cireat llegister?

A. — My dejiuties on tlie outside of the office do not rct,nster names at
all; they enroll names and send to me, and if properly enrolled 1 register
them.

Q. — Did they not receive transfers from other counties and indorse
them tiled, as Leputy Clerk?

A.- — I don't know of any such case; may have done so, but I do not
know of it.

Q. — Did they not invariably do that in Ilollister and other precincts?

[Objected to as a repetition of same question.]

A. — I don't know of any such.

Q. — Was not a large number of the names you have enumerated
received and registered by your deputy, II. M. Haj^es, at Ilollister, by
virtue of his authority, and sent to you?

A. — I really don't know; those registered on the third of October
must have been handed by him to the Board of Election of Ilollister
Precinct, and b}'' them they were sent to the Board of Supervisors and
never called to my attention until that third day of October, when I
registered them.

Q. — Were there not other names accompanying the returns of other
precincts in the same way?

A. — But one — I remember this man; J. Bandy, of Peach Tree; I
registered him October third.

Q. — Might there not have been other names accompanying the returns
of the several precincts in your county which were not by you and have
not been transterred to the Great Pegister?

[Objected to.]

A. — I don't remember of any others; it is possible there are others.

Q. — Do you not remember having received from John S. Payne,
Deputy Assessor of the County of Monterey, the names of J. J. Holcomb,
Nelson ^treuve, John Fred. Theo. Charles Werner, Dedrich Waltzen,
and others, at a former election held for the removal of the county seat
of Monterey County, and contained in the returns from Pajaro Pre-
cinct?

[Objected to.]

A. — No, I don't remember any such a thing.

Q. — You cannot state the returns from said Pajaro Precinct at said
election did not contain the registration of these names or a part of them
as registered b}^ said John S. Payne as Deputy Assessor?

A. — I have not the returns of the county seat election here, and can-
not tax my memory to that effect.

Q. — Then they might have contained these registrations and been
returned to the office and you not know the fact or recollect it?

A. — Any names sent to the County Clerk go on the Pegister; if sent
to the Board of Supervisors I know nothing about it.

Q. — Did I not understand you to saj^ you had registered some names
seat in the returns to the Board of Supervisors from Ilollister Precinct?

A. — Certainly; when they were called to my attention I registered
them.

Q. — Do you remember who called them to your attention.

A. — At the time of canvassing the Senatorial vote by the Board of
Supervisors the returns were opened by them and the tally lists and
ballots examined by the Board; the list of voters was not opened by

124

them in many precincts. . Afterward Colonel Heath came to Monterey
to my office and called for these returns and lists of voters and ballots
from the several precincts. These registrations from the Hollister Pre-
cinct and one from Peach Tree (I don't know of any other) were then
discovered, and I then registered thcni. Perhaps there was one from
San Benito.

Q. — Did you not find from reading over the jdoU lists that the names
of many who were given as having voted were reversed in this way,
viz: E. C. for C. E., and T. for P., and A. for J., in the initials, and the
names so badl}^ written and imperfectly spelled that you could not tell
who they were — as, for example, in the surnames, Hines for Iliner?

[Objected to.]

A.— Yes, excepting Hiner, I thought that was Hiner; was a great
many mistakes in spelling and writing on the poll lists.

Q. — Do you not know there is a man by the name of Eader on the
Great Eegister of the Count}^ of Monterey, of Hollister Precinct?

A. — There is a Michael iiader and a William B. Eader and Andrew J.
Eader, the last one as canceled as removed on the twentj'-sixth day of
June, eighteen hundred and seventj^-one.

Q. — I>o 3^ou not know there are several Watsons on the Great Eegis-
ter for Tres Pinos Precinct?

[Objected to.]

A. — Yes, there are a great many.

Q. — Do you not know there is a Hiram Nelson Wilson, in Tres Pinos
Precinct, on the Great Eegister?

A.— Yes.

Q- — Do you not remember of having received the application of Daniel
Welsh for re-registration?

A. — No; he applied to me in August, eighteen hundred and seventy-
one, to have his name changed from the San Juan Precinct to Santa Eita
Precinct; I made the application, but it had been transferred before m}'-
application arrived.

Q- — You stated, in answer to a question asked you on yesterday in
chief, that you had ascertained, from examining the Eegister, *hat the
name of saitl Welch had been canceled. Do j^ou remefnber when he was
canceled?

A. — August thirtieth, eighteen hundred and sixty nine, by Mr. John-
son, when he was Clerk.

Q. — Now, do 3'ou not remember of his having applied to you for re-reg-
istration between the period of his cancellation and his applying to you
to be transferred to San Juan?

A. — Never did. August twenty-seventh, eighteen hundred and sev-
enty-one, entered in my diarj-; "Have Dan. Welsh changed from San
Juan to Santa Eita."

Q- — How long have you known Dan. Welch?

A. — Since July, eighteen hundred and sixty-seven; don't know how
much longer.

Q. — Has he not resided in Monterey Countj^ since that time?

A. — That 1 don't know.

Q.— Was II. M. Hayes, A. W. Poole, Eobert McKee, W. L. Carpenter,
and James F. Breen, who you say were among 3'our Deputy Clerks to
register names, candidates for anj^^official position in the County of Mon-
terey at the election held on the sixth day of September, eighteen hun-
dred and seventy-one?

125

A. — All of them, except >rr. Brccn, and he was at a subsequent elec-
tion.

Q. — AVere thej' appointed as such Deputy Clerks before or after they
received their nominations?

A. — I thinlc, after.

Q. — From what political party ilid they receive their nominations?

A. — From the Ixepubiican party, and I belong to the same party, and
we won the tight this Fall.

Q. — Dill you have any Deputy Clerks, authorized to register names,
of any other political se»timent than that of Eepublican?

A. — No, sir, except one; Cody, of San Benito, was a Democrat.

Q. — Then, after your several deputies were nominated for official posi-
tion by your political party you made them deputies, for the puri)oso of
registering and making voters?

A. — For the purpose of registering voters, not making.

Q. — These are the gentlemen who have made their returns to you of
the voters of the county who were registered immediately next preced-
ing said election?

A. — In part, j'cs; although the returns from my dei:>uties were mostly
in ten days before the election, in time for printing.

Q. — Did yovL make out and furnish any addenda to the Great IJegister,
for Hollister Precinct, before the election?

A. — The printed poll list was not made out until ten days before the
election. All received at the Clerk's office up to that time went on
printed lists, and none subsequentlj".

Q. — Was not the addentla or su])plement to the Great Eegister of Hol-
lister Precinct demanded of you as said Clerk, in accordance with a law
known as the Eegistry Law, and in accordance with Monterey and
other Eepublican precmcts in the county?

A. — There was none demanded; neither was there any published of
any precinct in Monterey County.

Q. — Did 3'ou not know the Eegistry Act required you, as such Clerk,
to make it out and furnish it?

A. — There are a great many things in the Great Eegistry Act Boards
of Supervisors don't allow. The custom of this county is to have a poll
list printed of all the nanies of voters in the count}', but not a copy of
the Greiit Eegister. There never has been a copy of the Great Eegister
printed since the Eegistry Act went into force in this county.

Q. — Then you were governed to some extent by custom, and not by
law?

A. — In the matter of printing the poll lists 1 am governed entirely by
the Board of Supervisors. They made their order to have the poll lists
printed, and not the Great Eegister.

Q. — Did you not receive from your deputy, II. M. Hayes, and place
on the Great Eegister of date of SeiDtember seventh, eighteen hundred
and seven l3'-one, or about that time, the names of the following Eepub-
licans: William Buck, Eldridge G. Parks, George Taylor, or John Tay-
lor, I dou't know which; William Wilson, William H. F. Miller, Charles
Anderson, A. Thompson, Francis Lobie or Lolie, or Francis Latture, and
F. Glass?

A. — I do not know the politics of any of the above men; don't know
them personally or politically. William Buck was registered September
seventh, eighteen hundred and seventy -one; do not see any name of
Eldridge (j. Parks, but do see name of Eldridge G. Parker, who was reg-
istered October third, eighteen hundred and seventy-one; John Taylor

126

was rescistered October third, eif^htcen hundred and seventy-one; Wil-
liam Wilson was registered October tiiird, eigbteeu hundred and seventy-
one; do not see anj- such name as William H. F. Miller withhi a year;
Charles xinderson was not registered by me at that time; A. Thompson,
not here; Francis Latture, registered June twenty-iirst, eighteen liun-
dred and seventy; F. Glass, not here.

Q. — Do you recollect how and in what manner 3'ou received the trans-
fers and registrations of Eldridge G. Parks, John Taylor, and Williani
Wilson?

A. — I have nothing here to show who handed in the names at all; all
transfei'S are kept on file in office, and numbered tlieir registry number
on the back. Those I have not with me.

Q. — Do you not, then, remember that the names of M. B. Eailey,
Leander Emery, Alonzo Heller, John W. Maze, John J. Janett, and
Detleff Jansan, were contained in the same envelop with the names of
E. G. Parker, William Wilson, and John Taylor, sent to you from IIol-
lister?

A. — No; entirely impossible; could not have come at the same time.

Q. — Were you present when the Board of Supervisors canvassed the
returns of said election?

A. — I was.

Q. — Were you present when the returns were opened?

A. — I was in the same room, acting as Teller.

Q. — What was done w^ith the returns after they were canvassed?

A. — The}^ were left in my charge, wrapped up immediately in presence
of the Board, and so left.

Q. — Do you mean the poll lists and the names who voted at the
various precincts?

A. — The list of voters were not examined by the Board; the tally lists
and ballots were examined by the Board, and canvassed; and when filed
away, the ballots and tally lists were placed in one box, and the balance
in another, and remained so till I brought them here.

Q. — Has the list of voters been examined by any person connected
with this contest since the canvass by the Boani of Supervisors?

A. — Yes; by Colonel Heath, contestant's attorn ey,"aud by others.

Q. — About how long was he examining them?

A. — About ten days.

Q. — Did he not overhaul the tally lists and ballots at the same time?

A. — He examined the tally lists of one precinct, I know; don't know
whether he did others or not.

Q. — Did you not just say that you saw the tally list Avith him?

A. — There was one precinct he and I examined together.

Q. — Did you see the ballots with him?

A. — I don't remember; I overhauled the ballots of that one precinct,
and it is my impression he was with me.

Q. — You saj' you were not in the Clerk's office with him?

A. — I did not say so; one of my clerk's was with him; I was in and
about the office, and had one deputy to attend to him.

Q. — Which one of your clerks.

A.— D. MeLelland.

Q. — Is McLellaud's eyesight not defective?

A. — I don't know that it is; he is a little nearsighted, 1 think.

Q. — Did you not have a conversation with M. C. Ireland, a prominent
Republican of this county, in the presence of others, in the Clerk's

127

office of the tho County of ^^fontcrey, on the day the votes were being
cunviissed by the said Botird of Supervisors?

A. — IJeally I don't know whether I did or not.

Q. — Do you not know that M. C. Irehuul was present durin:^ the can-
vass of said votes in the Clerk's otHce?

A. — I think ho was there a part of the time; I am positive.

Q. — Then do you not remember of having conversed with him during
the time said Board of Supervisors were canvassing the votes?

A. — I don't remember of any ^^articuhir conversation I liad witli him;
no doubt I spoke to him.

Q. — Did 3'oa or did ^you not say to said M. C. Ireland, in the Clerk's
office kept by you, while the Board of Suj^ervisors were canvassing said
votes, that there was enough names, in all probability, enrolled by depu-
ties, and sent with the returns to the Board of Supervisors, and not yet
on the Great Register, and had not come particularly to your notice, to
defeat the election of Thomas Beck, the respondent, and elect Thomas
Flint, the contestant herein, to the ottice of State Senator, or words to
that ett'ect?

[Contestant does not object to that question, but does not waive his
right to object.]

A.— No.

Q. — Was not the contest of this election talked of in the Clerk's office
on that day, or during the canvass of the votes?

A. — I think it may have been; think very likely it was talked of;
think not alone on the part of Flint, but on the part of Beek.

Q — You don't pretend to say, do you, that you heard Beck say any-
thing about contesting the election?

A. — I neither heard Beck or Flint say anything about contesting it;
but I did hear friends of each say so, and get quite warm over the
matter.

Q. — Do 3'ou not know that tlie contest of Beck's election was talked
of by the liepublicans before the election, in the event Beck should be
successful at the polls?

A. — jMo, sir; as far as 1 know, we did not expect to have a necessity
for a contest; we expected to win.

. DIRECT EXAMINATION RESUMED.

Q. — Have you placed upon the Great Eegister of your county tho
names of all persons enrolled byj'our deputies, and the County Assessor
and his deputies, that were retui-ncd to you by them, as well as those
you received with the returns of the election of September sixth, eighteen
hundred and seventj^-one?

A. — There are often names returned to me b}^ my deputies, and the
Assessor and his deputies, that are not properly enrolled; the law re-
quires that naturalized citizens should, on the Begister, have stated the
Courts where they are naturalized, and the dates of their naturalization,
or if they claim citizenship by virtue of naturalization of their fathers,
the returns made to the County Clerk should state so; or if they have
lost their papers, certain affidavits are to be produced. Whenever my
deputies, or the Assessor or his deputies, had returns to me not em-
bracing these particulars, I have not registed the parties; but I have
invariably informed the deputy, or the Assessor who has made the
enrollment, the cause of said parties not being registered, giving him an

128

opportunity to make such proofs to me; in all other cases I have
invariably registered parties whose names have been given to me by the
proper ]iurtios.

Q. — Have you ever had any deput}^ in Peach Tree Precinct of this
county?

A. — I have had no locjrl deputy there.

Q. — Was there not a transfer for J. Bandy from the clerk of another
county sent with the election returns from Peach Tree Precinct, and did
you not upon that certificate of transfer place said J. Bandy upon the
Great Eegister of this county?

A. — There was; and I placed him on the Great Eegister when it came
to my notice. I often receive certificates of transfers from other
counties without any letter of advice whatever as to Avhat precinct the
party belongs, and I invariably place the parties on the Eegister with
the name of his voting precinct left blank, waiting for the returns from
the precinct to develop where the person belongs. I suppose I have
received over fift}^ this j^ear. I do not know of any blank now remain-
ing on my Eegister, having ascertained the voting locality of them all.
I gave notice through the newspapers, of transfers received by me not
stating local residence of parties, asking the parties to inform me of
their local residences, that they might be properly placed upon the
Eegister.

Q. — Did you at any time prior to receiving said certificate of transfer
for J. Band}^ with the election returns as described, receive from any
other county a certificate of transfer for said Bandy, or any enrollment
in this county which would entitle him to be placed upon the Great
Eegister of Monterey County?

A. — I did not.

Q. — In answer to resj^ondent's seventh cross question you state that
you have appointed certain gentlemen Deputy Clerks to register voters.
State whetlier these gentlemen, or any of them, had authority to place
the name of any voter upon the Great Eegister of this county?

By Ilespondeat. — This question is intended by counsel for contestant
to show that they, the contestant and the County Clerk, his political
friend, have delegated power and authority to individuals under t])e law,
or the seniblauce of the law, and now seek to take advantage of the fact
to gratify the political feelings of contestant and his counsel. It is a
system of examination objectionable, and is therefore objected to.

A. — No; they had no such power.

Q. — State whether or not J. W. Grewell did not apply to you person-
ally for registration about the third day of October, eighteen hundred
and seventy-one?

A. — I don't know that he did. Don't know the man from Adam.

Q. — State if you know who is County Assessor of this county?

A. — W. V. McGarvey.

Q. — Did he or did he not appoint deputies in the several precincts of
this county to enroll the names of voters to be registered upon the
Great Eegister of Monterey County? If yea, when did he so appoint
them?

A. — During the political campaign he appointed a great many deputies
for that purpose. Don't know that I could tell all their names. We had
W. S. .Johnson, a general man, living in Monterey; Jonas Wescott, Cas-
troville; M. L. llouck traveled for that purpose; T. M. Davis, Jlollister;
and a man named Marclay, don't know where he resided; John Mathews,
San Benito; John S. Payne, in Pajaro.

129

Q. — Were any of these deputies candidates for oflfiee at the last
general election, and if so, from what party did they receive their nonai-
nation, or upon what ticket were they running?

A. — Johnson was running on the Democratic ticket for County Clerk.
These other lieputies all belonged to the Democratic party. Marclay, I
don't know his politics.

Q. — Was W. V. McGarvey, the Assessor, a candidate for office at the
election last named? If yea, from what party did he receive his nomi-
naiion, and to what office did he aspire?

A. — Was a candidate on the Democratic ticket for County Assessor,
and was elected.

Q. — Slate whether you, as County Clerk of Monterey County, placed
the names of all persons returned to you by such Assessor and his
deputies upon the Great Eegister as soon as you received the same, and
was satisfied of their proper enrollment?

A. — In every case.

Q. — Were you a candidate for any State, county, township, district,
or municipal office at the said last election held September sixth, eigh-
teen hundred and seventy-one?

A. — I was not.

Q. — If Daniel Walsh or Welch had presented to you a certificate of
his cancellation from the Great Register of this county or of any other
county, and applied to you for registration, would j^ou have placed him,
at the time of such application, upon the Great Eegister of this county.

A. — Most certainly I would.

Q. — Did said Daniel Welch, or Walsh, or any one acting for him or
on his own behalf, present to you a certificate of cancellation from the
Great Register of this or any other county, and ask to be placed again
on the Great Register of this count}^?

A. — :lle did not, nor any one for him.

Q. — State whether A. Heath, contestant's attorney, did not ask you to
keep the ballots separate from the poll lists and tally lists while being
examined by him, and that no one should have access to the ballots, and
that no one should be allowed to examine or have inspection of the
returns of election unless you, or one of your deputies or office clerks,
should be in constant attendance?

A. — Yes, he told me that; he might have saved himself the trouble of
telling it.

Q. — State whether or not said Heath had access or inspection of the
returns of the election held September sixth, A. D. eighteen hundred
and seventy-one, at any time except yourself or one of your deputies or
office clerks were present with him at the time of such inspection?

A. — He did not.

Q. — State whether or not, at the time of the inspection of the records
made by said Heath, your office was open and the records were in the
room in which they are kept?

A. — Yes, it was.

RE-CROSS EXAMINATION.

By Bespondent — How many of the names enumerated in your answer
to the question propounded to you in chief as not being upon the Great
Register, as you say, were of those who did not seem to you to be enti-
tled to registration under the Registry Law?

130

A. — I remember four; don't know that I romcmLcr any more.

Q. — Give their names?

A. — I could not give them.

Q. — JBy whom were they sent?

A. — Two by Houck, one by Davis, and one by MeElroj^

Q. — AYere these sent by the Republican dejjuties and candidates for
office named by j'ou, or were they sent by McGarvey's Deputy Assessors?

A. — One was sent by the Clerk's deputy, and three by the Assessors.

Q. — Which one of them was the Deputy Clerk?

A.— McEiroy.

Q. — Is he not the Democi'atic deputy you spoke of in your exami-
nation ?

A. — ISTo, sir; he was not.

Q. — Why did 3'ou not name these facts when you heard the names of
the parties and the officers mentioned in your examination in chief?

A. — I don't think you have ever hit any of their }ianies yet.

Q. — Have you examined the Clerk's othce to ascertain how many cer-
tificates of transfer and enrollments there is therein sent you by various
parties whose names are not on the Great Register?

A. — There are none; all that are on file in my office are on the Great
Register.

Q. — Why did you say to a question propounded to you in chief that
there might be iianies in the returns made to the Board of Supervisors
in your office, and now say there are none on file in your office?

A. — If there are any certificates of transfer in the returns from the
different precincts, they are not on file in my office, and could not have
been in my office until after the sixth day of September, and conse-
quently could not have gone on the Register prior to that date.

Q. — Do you mean to say that if your deputies received certificates, as
Deputy Clerks, and registered the electors or voters, either by certificate
of transfer, or originally by administering the necessary oath to them
as to their nativity, age, occupation, and residence, and that they were
not registered in any other county, etc., in accordance with the require-
ments of the Act known as the Registry Act, and the deputies have sent
the same to you or your office through the returns of the election of
the voting precinct, that they would not be registered on the GVeat
Register, under your acceptation of the term, until after they had been
transferred by you into the book called the Great Register; is not that
what you mean?

A. — That is what I mean exactly; I believe that a man, before he can
be registered, must bo on the Great Register, and that if the Clerks of
Election choose to send transfers rolled up in their election retui'ns, they
will not get on the Great Register until they come to my knowledge,
which may never be, for I don't have the canvassing of the votes — never
see them until they are called to my attention.

Q- — How far is it from the following places to the Clerk's office, viz:
San Antonio, San Lorenzo, Peach TrCe, San Benito, Tres Finos, HoUis-
ter, Pajaro, Soledad, and San Juan.

A. — From San Antonio, ninety miles; San Lorenzo, scventj'-five miles;
Peach Tree, one hundred and ten miles; San Benito, eighty miles; Hol-
lister, fifty miles; Pajaro, thirty miles; Soledad, forty miles'; Tres Pinos,
sixty miles; San Juan, forty miles.

Q. — Then you consider that an elector or voter applying to your
Deputy Clerk at either one of those precincts for registration on the
day before or day of election, and complying with all the requirements

131

by f ng'^^"?vln^ to him nil the qnestiona roqaisitc under the law, and his
transfer or enrollment received by him, is not a registration?

[Objected to.]

A. — I consider it is not.

Q. — Did you not receive from Thomas M. Davis, of IToUister, a list of
names as registered, maileil, and postmarked September fourth or fifth,
eighteen hundred and seventy-one; and did you not receive from John S.
Paine, of Pajaro, a list of names registered by him, as Deputy Assessor,
mailed and postmarked the fourth or fifth day of September, eighteen
hundred and seventy-one; and did you not receive from II. M. llayes,
of Ilollister, a list of names registered by him, as Deputy Clerk, mailed
and postmarked the fifth September, eighteen hundred and seventy-one,
and also the sixth day of September, eighteen hundred and seventy-one,
with advices that they were registered?

[Objected to.]

A. — If I received anything from any of those parties they are all on
the Eegister.

Q. — Might it not be that these letters containing these names came to
your office and j^ou not have known it?

A. — jS"o, sir; that is entirely impossible.

Q. — How many Deputy or Office Clerks did you keep at that time?

A. — Three to five; but I took out my mail matter myself, and attended
to the registering business myself; those letters could not have arrived
there without my knowing it.

Q. — Have you ever examined the returns of the election held under
the Act of the Legislature of this State for the removal of the county
seat, in June or July, eighteen hundred and seventy, to ascertain what
number of registered voters, registered by the various Deputy County
Clerks or Deputy Assessors, accompanied said returns?

[Objected to.]

A. — I had no special deputies at that time, and I have not examined
the returns for that purpose.

Q. — AVere not all your deputies during the canvass immediately pre-
ceding said election candidates for some office on the Republican ticket,
in and for said County of Monterey?

A. — I don't know they were; in fact, 1 know some of them were not;
it would make no difference to me if they were.

Q. — Did you not give a deputyship to every man on the Republican
ticket?

A.— No.

Q. — How many of them did you give deputyships to; and what were
their names and for what positions did they run?

A.— II. M. Hayes, for Assembly; A. W. Poole, for Clerk; Robert
McKee, for Treasure!*; W. L. Carpenter, for Assessor; C. P. Bailey, for
Surveyor; S. M. Sheerer, School- Superintendent.

DIRECT EXAMINATION RESUMED.

Q. — State if you know how many candidates of the Democratic party
were appointed by W. V. McGarvey as Deputy Assessors, for the pur-
pose of enrolling names to be placed upon the Great Register, prior to
the ^ixth da}^ o"^" September, A. D. eighteen hundred and seventy-one,
and state their names?

By Respondent — This question has no relevancy to the matter under
consideration, Mr. McGarvey having been made a witness for the con-

132

testant herein (see his deposition), and it appearing from the testimony
of the witness now under examination, to whom this question is pro-
pounded, has not seen proper, either from political grounds or other
reasons unknown to us, to register or give any account of the names
sent to him by either McGarvey or his deputies, through the returns of
election, through the mail, or otherwise, and is therefore objected to.

A. — I think all of McGarvey's deputies were candidates for office on
the Democratic ticket except Paine and 3Iarkley, and don't think they
were.

W. M. R. PAEKER.

Adjourned until Saturday, November twenty-fifth, eighteen hundred
and seventy-one. at ten o'cloclf A. M.

November 25th, 1871.

TESTIMONY OF HENPY T. CEOWEL.

Henry T. Crowel being duly sworn to tell the truth, the whole
truth, and nothing but the truth, in the matter of this contest, testifies
as follows, to wit:

Question — State your name and age?

AnsM^er — Henry Crowel, sometimes pronounced Crewell and some-
times Crowell; I spell it Crowel; age, twenty-thi-ee j'ears.

Q. — State whether you voted at the general election held in the State
of California on the sixth day of September, A. I), eighteen hundred and
seventy-one; if j'ea, in Avhat county' and precinct?

A. — I did; Monterey County; San Juan Precinct.

Q. — Are there one or more political jiarties in the State of California;
if yea, name them ?

[Objected to as immaterial.] *

A. — Yes, sir; Eepublican and Democratic party.

Q. — State whether or not each of said i)arties had candidates for office
to be voted for at said election?

A. — Y''es, sir.

Q. — At that election, state whether you voted for the candidates of the
Eepublican party or the candidates of the Democratic party ?

A. — 1 decline answering that question, upon the ground that I claim
it as a right of a citizen of the United States.

Contestant asks that Commission compel witness to answer.

Justice Whitney decides witness shall be compelled to answer.

Justice Heritage says it is requiring the witness to reveal the charac-
ter of his ballot, and therefore shall not be compelled to answer the
question.

Q. — State to which of the two political parties j^ou belong?
^ A. — As far as partyism is concerned I don't belong to either party; I
voted a split ticket, and go for the man and not for the party.

■Q. — At the election held on the sixth day of September, A. D. eighteen
hundred and seventj'-one, in the presence of James F. 13reen and others,
did you lirge voters to vote the Democratic ticket?

[This question by respondent is leading, and is cross examining con-

133

tcstant's own witness, brought into this Court by himself under process,
and i^laced upon the witness stand bj' him, and now seeks to discredit
the witness by this system of cross examination, and is therefore ob-
jected to.]

A. — No, sir; not the straight ticket; there were Republicans on the
ticket.

Q. — Was the majority of that ticket Democratic or Hepublican?

A. — I can't tell, gentlemen, as for that.

Q. — State whether the ticket that you urged voters to vote on that
day had upon it the name of Henry II. Haight for Governor.

[This question is objected to as leading and immaterial, as II. II. Haight
is no party to this contest.]

A. — I think it had.

Q — Had that ticket the names of E. J. Lewis, candidate for Lieu-
tenant Governor, and E. C. TuUy, candidate for Eepresentative to the
Assembly from this county upon it ?

A. — I think Tully's name was on the ticket; but as for the other man,
I can't say.

Q. — For whom did you vote for Senator from the Sixth Senatorial
District of the State of California, con^posed of the Counties of Monterey
and Santa Cruz?

A. — I decline to answer.

Contestant asks Commission to compel an answer.

Commission decide witness shall not be compelled to answer.

Q. — State whether since your arrival in the Town of San Juan you
have had any conversation with either respondent, his attorneys, Jas. P.
McMahon, or any other friend of respondent, with reference to any tes-
timony you would give in this controversy?

A. — No, sir.

Q. — Has any person suggested to you what questions you could an-
swer and what questions you could refuse to answer ?

A. — No, sir.

Q. — Did you not, yesterday, in the Plaza Hotel, in the Town of San
Juan, in the presence of several gentlemen, say that you would make a
clean breast of it, and had no hesitation in answering any question that
might be propounded to you in this examination, and had no hesitation
in stating for whom j'ou voted, or words to that etfect?

By Respondent. — This is a system of a party impeaching, or attempt-
ing to impeach, his own witness unauthorized, and is objected to.

A. — I don't recollect of saying anything in that way; I said that I
did not know what I was brought down here for; I thought I could tell
them what I knew tolerably quick,

CROSS EXAMINATION.

JBy Respondent. — Was Albert Heath, the attorney who has propounded
to you the foregoing questions, present at the time you answered as
aforesaid?

A. — I don't know whether he was or not.

Q. — Is there any gentleman present in this room at this time who was
present?

A.-^I don't think there is.

Q. — How long have you been a resident of the State of California
immediately next preceding the sixth day of September, eighteen hun-
dred and seventy-one?

134

A. — Two years continuously.

Q. — How long had j'ou been a resident of the county and precinct in
which you say you voted, immediately next preceding the sixth day of
September, eighteen hundred and seventy-one?

[Objected to.]

A. — About four months continuously. • .

Q. — Are you a citizen of the United States? and if yea, was you a
citizen of the United States when you came to the State of California?

[Objected to.]

A. — Yes, sir; was in the Union army; I ought to be.

Q. — About how long did you serve in the Union army?

[Objected to.]

Ar — Over two years.

Q. — What inquiry or investigation, if any, did you make to ascertain
whether jour name was registered and enrolled so as to authorize 3'ou
to vote, prior to said election?

[Objected to.]

A. — My name was given in at Tres Pinos store, at Snider's, and I saw
the Deputy Assessor from HoUister, and he asked me if I had been
registered yet. I told him my name was handed in to the store, and he
said that was all right, he would attend to it for me. I came here elec-
tion day, to San Juan; found my name on the poll list here, and I sup-
posed to be entitled to a vote, as there was no objections at the time.

Q. — Is it not a fact that you did not know or have any personal
acquaintance with Thomas Beck, the respondent, before election?

[Objected to.]

A. — No, sir; I did not know him.

KE-DIRECT EXAMINATION.

Q. — State the- name of the person in Tres Pinos with whom you left
your name?

A. — Sylvester Durfee.

Q. — Did you at that time hand to him your own name, or did some
other person for j^ou?

A. — No, sir; he handed my name to this Snider, as I said before. I
suppose Tully was the man to attend to that business.

Q. — Did you personally give 3'our name to any j)erson to be registered
upon the Great Eegister? If 3-ca, to whom?

A. — No, sir; I can't 8ny that I did.

Q. — Who is this man Snider you speak of?

A. — Don't know, more than that he is a man with a head on and two
legs, and I guess that will do. Mr. Snider is the man who keeps the
Tres Pinos store.

Q- — Where did you see Snider when he took your name?

A. — I did not see Snider at all when he took my name.

Q. — Who gave Snider your name at all to be registered?

A. — Sylvester Durfee.
^ Q. — State whether or not Mr. Tully, the Deputy Assessor you refer to,
is the same Tully who was a candidate for the office of Eepresentative
to the Assembly of the State of California, from the County of Mon-
terey, at the election held September sixth, eighteen hundred and
seventy-one?

A. — I don't know.

135

Q. — When you mot Tully was you sworn by him to any facts?

A. — No, sir; I did not meet Tull}'; I don't want any Tully in mine,

Q. — When j-ou met the Deputy Assessor from llollister was you sworn
to any I'acts?

A. — Xo, sir.

Q. — Have 3"0u ever been sworn to any facts for the purpose of having
your name placed upon the Great Register of the County of Monterey?

A. — I have not.

HENRY T. CROWEL.

TESTIMONY OF M. B. BAYLY.

'SI. B. Bayly, being dul}^ sworn to tell the truth, the whole truth, and
nothing but the truth, in relation to the controversy contained herein,
testifies as follows, to wit:

Question — State your name and age?

Answer — M. B. Bayly; age, thirty-two years.

Q. — State whether or not you voted at the general election held in the
State of California on the sixth day of September, A. D. eighteen hun-
dred and seventy-one? If yea, in what county and precinct?

A. — I did; in Monterey County, HoUister Township.

Q. — AVhat are your political sentiments?

A. — I have no particular jiolitical views.

Q. — How many i^olitical parties, if you know, in the State of Cali-
fornia?

A. — I do not know.

Q. — Are there any?

A. — There are parties that call themselves political parties.

Q. — State the names of those fellows that call themselves political
parties?

A. — You will have to put it into different shape, as I don't under-
stand it.

Q. — Have you heard, either directly or indirectly, of any political
parties in the State of California?

A. — I have.

Q. — Give the names of such parties?

A. — Democratic party and the Republican party.

Q. — At said election had both parties candidates for office for the
several offices to be voted for for State and county officers?

A. — So far as I know they did.

Q. — Were the names of such candidates printed upon pajier separate?

A.— Yes.

Q. — Had the party you have heard of, known as the Republican
part}', the names of candidates for the several offices to be elected at
that election, a printed paper, called a ticket, circulated in HoUister
Precinct?

A. — Tliey did.

Q. — Had the Democratic party such a paper?

A.— They had.

Q. — Please state which one of those tickets or ^jrinted papers you
voted at that election?

136

A. — I decline to answer that.

Contestant asks that the Commission require him to answer the ques-
tion.

Justice Heritage sustains the witness.

Justice Whitney decides he shall be compelled to answer.

Q. — For whom did you vote for for Senator in and for the Sixth Sena-
torial District of the State of California, composed of the Counties of
Monterey and Santa Cruz, at the election held in said State on the sixth
day of September, A. D. eighteen hundred and seventy-one?

[This question is objected to by the respondent, the witness having no
knowledge for whom he did vote, and cannot be compelled to reveal the
character of his ballot.]

A. — I decline to answer.

Contestant asks Commission to compel witness to answer.

Commission decide he shall not be compelled to answer.

Q. — State whether, since the twentieth day of November, A. J).
eighteen hundred and seventy-one, you have conversed with either
respondent or his attorneys in Hollister Precinct with reference to this
contest?

A. — I never have.

Q. — State whether, in conversation with others, you have heard that
this contest was progressing?

A.— I did.

Q. — State whether or not you have heard that the Commission here-
tofore have refused to compel witnesses to testify when asked certain
questions?

A.— Yes.

CROSS EXAMINATION.

By Respondent — How long have you been a resident of the State of
California immediately next preceding the sixth day of Septeriiber,
A. D. eighteen hundred and seventy-one.

A. — About four years continuously, excepting about two months, when
I was in Oregon on business.

Q. — How long had yon been a resident of said Hc^listcr Precinct,
Monterey Count}', immediately next preceding the said sixth day of
September, eighteen hundred and seventj'-one?

A. — About six or seven months previous to the election continuously.

Q. — Are 3'ou a citizen of the United States, and were you a citizen of
the United Slates when you came to California?

[Objected to.]

A. — I was a citizen of the Confederate States Avhen I left them; they
were not then admitted into the United States; that is, the authorities
did not recognize us; I am a citizen of the United States.

Q. — Were you born in the United States?

A. — I was.

Q- — What inquiry, if any, did you make to ascertain whether or not
your name was registered and enrolled prior to said election, so as to
authorize you to vote?
-, [Objected to.]

A. — I gave my name to Mr. Marklej^, Avho Avas then registering those
who were not; think he was Deputy Assessor for Mr. Mc^Garvey.

Q. — Did you give him your name, as such Deputy Assessor, more than
thirty days next before said election, if you recollect?

A. — I do not recollect whether it was thirty days or not.

Q. — Based upon that registration was yoiw name enrolled on the poll
list of that voting- pi-ecinct by tlio Board of Registration?

[Ohjectcd to.]

A. — It was.

Q. — Was there any objection interposed by any person to your exer-
cising the privilege of voting on that day?

[Objected to.]

A. — No objection.

Q. — Have you not heard j-our Eepublican friends in the vicinity of
Hoi lister, since these proceedings were instituted, and during their
progress, speak of the Oonimissiou not compelling witnesses to answer
certain questions, and that they, too, would refuse, if asked?

[Objected to.]

A. — I have.

RE-DIRECT EXAMINATION.

Q. — Give the names of your Republican friends who informed you
that they would refuse to answer certain questions?

A. — I decline to answer.

Contestant's counsel now asks the Commission to compel the witness
to answer the question.

Commission decides that if witness docs not criminate himself by his
answer that he be compelled to answer.

A. — Mr. Hayes and Mr. Briggs.

RE-CROSS EXAMINATION.

Q. — Since public rumor has been the subject of this investigation, I
now ask, have you not heard the people of 3'our section of the county,
both Republicans and Demowats. indiscriminately condemn these pro-
ceedings on the part of the contestant?

[Objected to.]

A. — I have.

M. B. BAYLY.

TESTIMONY OF J. R. HEBBRON.

J. R. Hebbron, being duly sworn to tell the truth, the whole truth,
and nothing but the truth, in the matter of this controversy now j^end-
ing, testities as follows, to wit:

Question — State your name and age?

Answer — J. R. Hebbron; age, forty-tw^o years.

Q. — Wliere were you on the morning of September seventh, A. D. eigh-
teen hundred and seventy-one?

A. — At Mr. Mosher's house. Met Mr. Mathews, Charles Houston, and
Mr. Mosher there.

Q. — Had 3^ou any conversation at Mr. Mosher's house with any person
who on the preceding day had served in any capacity upon the Election
Board of Natividad Precinct? If so, with whom, and in what capacity?

[Objected to.]

1 ^s

A. — I had, with Charles Houston, who was one of the Clerks.

Q. — State what was said by him with reference to the returns of the
election held on the sixth day of September, A. D. eighteen hundred and
geveutj'-oue? State in detail the Avhole conversation?

[This question is objected to upon the ground that Charles Houston
was placed on the stand by contestant, and has heretofore been examined
herein as contestant's witness. The object of this question tends and is
intended to-imj^each his own witness.]

A. — In reply to an inquiry, " Why was he not with his machine?" he
said that he had been down altering the poll list or returns — I don't
remember which it was; he said there had been a mistake, and they had
been altering it. In the course of the conversation 1 said to him, " What
right had you to alter it?" He said, "I don't know what right we had,
but we did it." I believe I also asked him if Patton was present, and I
understo'od him to say, but am not positive about it, only iviordau and
Armstrong. I believe that is about the substance of all that occurred at
that time on that subject.

Q. — Where is the house of Mr. Mosher? In what county and pre-
cinct?

A. — Natividad, Monterey County.

CROSS EXAMINATION.

Q. — What interest have you in this contest?

A. — Not any that I am aware of

Q. — Have 3'ou been subpoenaed to attend here?

A. — No, sir.

Q. — Then j'ou are a voluntary witness?

[Objected to as assuming what the witness has not said.]

A. — I am not.

Q. — What are your political sentiments?

A. — Eepublican.

Q. — Have you not been assisting contestant's attorney in procuring
witnesses to testify in this case? •

A. — I have not.

Q. — Have j^ou not been counseling with him in regard to this case since
these i^roceedings were instituted?

A. — I have.

Q. — Was not that in regard to the testimony of certain witnesses in the
case?

A. — Have talked with him about the evidence of certain witnesses;
have not counseled with him on it.

Q. — Bid you not during these proceedings sit and stand by contestant's
attorney and whisper and converse with him in propounding questions to
the witnesses?

A. — To one witness only, I believe.

Q. — What witness was that?

A.— Charles Houston.

Q. — Did you not do so in the examination of the witness Mathews?

A. — I believe not.

Q. — You do not know then what the conversation was between
Houston, yourself, and others?

[Objected to as assuming what the witness has not said.]

A. — I have never said I did not.

139

Q. — Iliive 3'ou not said that " he (Houston) said that he had been down
iltoring the poll list or returns, I don't know which it was, and said
there had been a mistake (I don't remember the words) and that they
bad been altering it?"

A. — I did, and in explanation I wish to state that the returns arc
sometimes referred to as the poll list.

Q. — You are not positive, as I understood j^ou to say, about who
Houston said was present when 3'ou say he said he was altering the tally
list?

A. — I believe I asked him if Patton was there, as I knew Mr. Mathews
was not, and he said no, only Riordan and Armstrong.

Q. — Are you positive he said lliordan was there?

A.— Yes.

Q. — AVhy, then, did you state, in answer to the question propounded
to you in chief, these words: "I understood him to say, am not positive
about it, that Eiordan and Armstrong w^ere there?"

A. — I am positive that at some time he said they were there. This
conversation expended over quite a length of time.

Q. — Was MathcAvs present during all that conversation?

A. — I could not say that he did not go out of the room, but he was
there the principal i:»art of the time during this conversation; might
have stepped out of the room, but we were there some time; took din-
ner there,

Q.-^\Ya8 you present when said Mathews' dej^osition was taken in this
case? ^

A. — A part of the time.

Q. — Do you not know that he testified that he (Mathews) was present
during all that conversation?

[Objected to, for the reason that the witness, Mathews, did not so tes-

A. — I don't know whether he did or not.

Q.^Do you not know that Mathews testified that Houston, in that
conversation, did not mention Eiordan's name at all, but that he (Hous-
ton) had been detained in examining the private tally list of one
Hughes?

A. — I don't know that he did.

Q. — Do you not know of j^our own knowledge that Houston was ex-
amining on 13^ the private tallj' list of Hughes on that morning, and had
nothing to do with Riordan or the tally lists and returns proper?

A.— I do not. 1 don't believe that Hughes' tally list had anything to
do with it.

Q. — Will you tell us why you do not believe Hughes' tally list had
anything to do with it?

A. — Because that was not the subject of our conversation.

Q. — State what was the subject of your conversation?

A. — I have already stated it.

Q. — Wherein have you stated it?

A. — In the former part of m}' testimony.

Q.— What tally list was sjjoken of by Houston?

A. — The one upon which the returns of election had been kept.

Q. — How do you know it was the one upon which the returns of elec-
tion had been kept?

A. — Because that was the one we had been talking about.

Q. — Do you know whether there was any alteration made in the tally
lists?

140

A. — I believe there was.

Q. — But you do not know it?

A. — I have answered that question, I consider; I did not see it done.

Q. — Do you Ivuow it was done?

A. — I believe it was done.

Q. — Do you know it was done?

A. — I decline to answer yes or no, but will give my reasons for believ-
ing it was done: after the close of the election, Mr. Mosher and myself
agreed to watch the counting of the votes and keeping of the tallies,
and did so; staid there until they were completed, and I watched the
counting of the tallies and copied the numbers of the returns, and they
(the tallies) are not the same as I made them. Also, that the whole num-
ber of votes cast was seventy-nine, and I know that there was one ticket
scratched without any other name being inserted. 1 also compared the
vote for Ei23ley and Johnson, and noticed that Johnson had received but
two more votes than Kipley. I have since seen the returns, and find that
Johnson has seven more. I have also examined the ballots, and cannot
find the scratched ticket that I referred to.

Q. — Where did you examine the ballots?

A. — In the office of the County Clerk of Monterey County.

Q. — Who was with j^ou?

A.— The County Clerk, W. M. E. Parker, Mr. Breen, and Dr. Flint,
the contestant.

Q. — When did you make that examination?

A. — Don't remember.

Q. — About when?

A. — Think about two, three, or four weeks after election.

Q. — About how long after the votes had been canvassed by the Board
of Supervisors?

A. — About two or three weeks; might not have been so long.

Q. — Is that the only reason you have for believing the tixMy list was
altered?

A. — That, and the remaiks of Mr. Houston, and what I have heard
otherwise.

Q. — Please state what you have heard otherwiser

A. — There is a witness present who can testify to it, so don't think it
is necessary for me to do it — that Mr. Eiordan said he had made an alter-
ation.

Q. — Where did he say it, and to whom?

A. — To Mr. Mosher, at Natividad.

Q. — Where is Mosher?

A. — He is here.

Q- — Do you not know that the only mistake occurring, or charged to
have occurred, in the tally list of Natividad Precinct, was with reference
to Poole and Johnson, candidates for County Clerk?

A. — I don't know that there was no other mistake occurring or charged
to have occurred. I do know that there was a name on a ticket rejected
by the Board of Election that was admitted by the Board of Supervisors.
There was one ticket with two names on for same office.

The Commission adjourned until Monday morning, November twenty-
seventh, eighteen hundred and seventy-one, at ten o'clock A. M.

141

November 27th, 1871—10 o'clock a. m.
TESTIMONY OF J. R. IIEBBRON RESUMED.

On account of the absence of the respondent and his counsel-the Com-
mission adjourned until one o'clock p. m.

Question — Were you present when the Board of Supervisors canvassed
the votes of said election?

Answer — I was not.

Q. — Why, then, do you state that there was one vote not counted by
the Election Board that was counted by the Supervisors?

A. — Because I called the attention of the County Clerk to it, and he
said thev had counted it.

Q. — Who do you mean by the County Clerk?

A.— William R. Parker.

Q- — Then all you know about that is simply what you have heard
somebody else say?

A. — I was present when the Election Board rejected it, and heard
Parker say that they had counted it in.

Q. — All jou know about the vote being counted is from w'hat you
heard Parker s;iy?

A. — It is not.

Q. — State what else you know about it?

A.' — The vote for the officer referred to, summed up by the Election
Board, seventy-eight; and by the Supervisors, seventy-nine.

Q. — What officer do you refer to?

A. — State Senator.

Q. — Which of the officers had seventy eight?

A. — Neither; I am referring to the whole vote.

Q. — Were you at the polls on the day of election?

A. — I was.

Q. — How long did you remain there?

A. — From shortly after the opening until the completion of the count-
ing.

Q. — And you saj* the whole vote for Senator summed up seventy-
eight?

A. — Yes, as counted by the Election Board.

Q. — L)id you remain until it was all summed up and signed by the
Board?

A.— I did.

Q — Then the onlj' difference there could have been, so far as the votes
for Senator were concerned, between the vote as you saw it footed up
and counted on'the night of election and the vote or count for Senator
as repoi'ted to j'ou by W. M. R. Parker, Clerk, was the one vote?

A. — I HO understand it.

Q. — Did I not understand you to say there was some diversity of
opinion between the Election Board as to whether the said ballot should
be counted?

A. — Ihere was; but it was finally rejected.

Q. — If the statement of Mr. Parker, the Clerk, be true, that that vote
was alterwards counted, and you having seen the votes footed up for
Senator on the night of election after the}' had been counted, and they
footed up and counted seventy-eight in number, and the one vote was

142

counted by the Beard of f^iipervisors, as reported to yon by P^vkov. how
could it be that Michael Eiordan, or any other man or men, could have
tampered with or interfered with the vote for Senator at said Katividad
Precinct?

A. — I (ion't consider I am the judge of that; I am not Mr. Rioi'dan's
accuser.

Q. — Do you know how many votes were cast for the contestant at
said Natividad Precinct on the day of election?

A.— It is footed up on the returns twenty-two.

Q. — Do you know how many votes were cast for the respondent at
said JSTatividad Precinct on that day?

A. — It is footed up on the returns fifty-six.

RE-DIRECT EXAMINATION.

Q. — Are you acquainted with H. Staulej^?
A. — I am not acquainted with II. Stanley.

JAMES R. HEBBROK

TESTIMONY OF J. E. MOSHER.

J. E. MosHER, being duly sworn to tell the truth, the whole truth, and
nothing but the truth, in the matter of this contest, testifies as follows,
to wit:

Question — State your name, age, and where you reside?

Answer — J. E. Mosher; age, twenty-eight years; residence, ISTatividad,
Monterey County.

Q. — Where were you on the election day held September sixth, A. D.
eighteen hundred and seventy one, in the State of California?

A. — Natividad. *

Q. — Are you acquainted with H. Stanley and Gr. W. Leates?

A. — I am acquainted with H. Stanley.

Q. — Do you know the reputed political character of H. Stanley and
G. W. Leates on the sixth day of September, A. D. eighteen hundred
and seventy-one; if yes, state the same?

[Objected to.]

A. — I don't know Mr. Leates; have always supposed Mr. Stanley was
a Democrat, from what I have heard.

Respondent moves to strike out the answer.

Q. — Where does Mr. Stanley reside, and what is his occupation?

A. — At election time he was living at Jesse D. Carr's, and had been
emploj'ed by Carr for some months before that.

Q. — -State where you were on election day?

A. — Natividad, Monterey County.

Q. — State, if you know, who were the oflScers of the Board of Election
in that precinct. If yea, name them?

A. — Michael Riordan, Clerk or Inspector; E. M. Mathews and John
Patton, Judges; William Armstrong and Charles Houston, Clerks.

Q. — State whether you conversed with either of those persons since
election, with reference to changing the returns of the said election in

143

Natividiid Precinct. If yea, with whom, when, and what was said at
such time. State in detail?

[Objected to.]

A. — 1 have. Believe I have talked with all of them about it. But I
can't give you the conversation of all, because I have talketj at several
difterent times.

Q. — State whether or not you have conversed with Michael Eiordan,
who you say was Clerk or Inspector of Election on that day?

A. — I have.

Q. — When did you have a conversation Avith him with reference to an
alteration, if anj', of the election returns of such election?

A. — I think about a week or such a matter after election.

Q. — Eepeat that conversation as near as you can?

By Respondent. — This question and the conversation with Michael
Riordan is irrelevant, incompetent, and immaterial, since it is only
intended to prove a conversation with reference to altering certain tally
lists, and the contestant has phxced three witnesses on the stand hereto-
fore, viz: E. M. Mathews, Charles Houston, and J. ]'. Hebbron, who
have each testified that there was no alteration in the tally list, and at
most onl}^ a difterence of one vote for Senator, and that ditferonce only
known to the witness Hebbron, from hearsay. And it clearly appears
by the testimony of said contestant's witnesses that no alteration was
made in the tally lists or returns. That they counted the same when
canvassed by the Board of Supervisors that they did when canvassed,
by the Board of Election, with oi^e single exception, and that was
between the candidates for County Clerk in footing up the tallies, and
that mistake was in favor of A. AV. Poole, the Eepublican candidate.

A. — I went over to Mi*. Eiordan's on an errand, to borrow his wagon,
and while there the subject came up about Mr. Mathews sending a letter
to Monterey about their changing the poll list or tally list, and Mr.
Eiordan said to me, "I should not think Mr. Mathews would think I
would do any thing of that kind for a minute," or something to that
effect. 1 told him no, I did not suppose he would have ever have
thought of it if it had not have been for what Charles Houston said
over to my house. " \Yell," said he, " we did not alter the tallj^ list at all.
The one we sent away to Monterey we simply found the mistake and
sent a line to Mr. Johnson that there was a mistake." I asked him if
they altered either of them, and he said yes, or words to that effect, and
ofiered to take me in the house and show me the tallies. There were
sixty-four. I won't be positive, but think I went into the house and
counted the^n up and found there was sixty-lour tallies.

Q. — What tally list did he say they changed?

A. — The one that he kept at home — copy of one they sent in to
Monterey.

CROSS EXAMINATION.

Q. — For what ofiices did the tally list you speak of show the sixty-,
four names?

A." — County Clerk.

Q. — About how many days after the election was this?

A. — About a week, 1 judge.

Q. — Then the tally list which he called your attention to was what
purported to be a copy of the original tally list, and he (Eiordan) called
your attention to it a week or almost a week after election?

144

A. — Yes, sir.

Q. — Did he not say to you that the list to which he then referred and
asked you to examine was the list of tallies kept by one Mr. Hughes on
election day, and that having ascertained from an examination of said
Hughes' list that there was a mistake in footing up the tallies for County
Clerk, he had written to Mr. Johnson, calling his (Johnson's) attention to
the fact?

A. — Don't think Mr. Hughes' tally list was mentioned.

Q. — Did he not say to you that this mistake had been discovered
after the returns had been sent to Monterey?

A. — No, sir.

Q. — Why did he tell you he had written to Mr. Johnson?

A. — 1 don't know for what reason he told me.

Q. — What did he tell 3'ou he wrote to Mr. Johnson for — upon what
subject?

A. — In regard to the poll list. There had been a mistake made in the
tally list.

Q. — Did he say when he had written to Mr. Johnson?

A. — No, he did not say any particular time, but I supposed he did it
when they sent the tall}^ list.

Q. — Then all he told you in substance was that a mistake had been
made in footing up the tallies lor County Clerk, and that he (Eiordan)
had written to Johnson, one of the candidates for County Clerk, to
correct the mistake?

[Objected to.]

A. — No, that is not all in substance he told me.

Q. — What else did he tell yon?

A. — He told me what I have already testified to — that there had been
a mistake, and they had altered the one they had kept at home.

Q. — Was not the only mistake shown you by Mr. Eiordan on that
copy of the tally list, that they (the clerks) had only counted eleven
tallies and four scores, footing up fifty nine votes, when the tally list
actually showed twelve tallies and four scores, footing up sixty-four?

A. — Don't think he said anything about tallies; ke said there had
been a mistake of five votes; it ought to have been sixty-four; it was
down on the tally list that Mr. Eiordan showed me, fifty-nine; the tally
list showed sixty-four votes, and that there had been a mistake of five
in the figuring up; that was for County Clei'k.

Q. — Was not this the mistake he told you he had written to Mr. John-
son about?

A. — Yes, that was the one I was referring to.

Q. — Can you tell us in Avhose iavor the five votes were?

A. — Mistake that the Board made was in favor of Mr. Poole and
against Mr. Johnson.

Q. — Was not Mr. Poole the Eepublican candidate for County Clerk?

A. — Yes, he was Eepublican candidate for County Clerk.

Q. — Were j'ou subpoenaed as a witness before this Commission?

A. — -AVell, Mr. Leese gave me a paper I supposed to be a subpoena,
ordering me to be here such a day for this purpose; I did not hear it
read, and did not read it myself, because it was dark.

Q. — What are jonv political sentiments?

A. — Eepublican.

Q. — Have yon not taken an active part in conversing with and pro-
curing witnesses to attend at this investigation?

A. — NOj sir; have hated it as bad as ever a man did.

RE-DIRECT EXAMINATION.

Q. — State whether you have informed contestant or his counsel as to
what 3'our testimony would be in this controversy?

[This question is objected to as immaterial, and not responsive to any
question propounded to him by the respondent.]

A. — No, sir.

Q. — State what has occurred between yourself and counsel for con-
testant with reference to your not being called upon the stand as a wit-
ness in this case, after you were here in answer to the paper shown you
by Mr. Leese?

A. — I told him I hated to have anything to do with it; that I hated
to iestif}' in the case at all; that I thought it was a very poor piece of
business in Mr. Flint going into it.

J. E. MOSHER.

TESTIMONY OF J. M. SOTO.

J. M. Soto, being duly sworn to tell the truth, the whole truth, and
nothing but the truth, in the matter of this contest now pending, testi-
fies as follows, to wit:

Question — State your name and age?

Answer — J. M. Soto; thirt^'-nine years and eleven months old.

Q. — Are you acquainted with H. Eiley and Daniel Walsh; if yea,
how long have you known them?

A. — I have known Henry Eiley about two years, he being my tenant;
I have known Daniel Walsh about six years, he being my employe or
workman.

Q. — Do 3'ou know the reputed political character of Daniel Walsh
and Henry Eiley on the sixth day of September, A. D. eighteen hundred
and seventy-one; if yea, state to what political party they belonged at
that time?

A. — Yes, sir; Democrats.

Q. — To what political organization, if any, do you belong?

A. — Eepublican political organization.

Q. — State wdiether you took an active part in favor of your party
during the political campaign preceding the election held on the sixth
day of September, A. D. eighteen hundred and seventy-one.

A. — Yes, sir.

Q. — In what precinct and count}'?

A. — Monterey County, Santa Eita Precinct.

CROSS EXAMINATION.

Q. — Do you not know that Daniel Walsh has been, since you have
known him, a candidate for office on the Eepublican ticket?
[Objected to.]

146

A. — Yes; I don't know if he was; I saw his name on the T?«ipublican
ticket and Deniocratic also.

Q. — Do you not know tliat Daniel Walsh has been, since you have
known him, a candidate for office on the Republican ticket?

[Objected to.]

A. — Yes; I have seen him run for Constable on both tickets.

Q. — At wbat election?

[Objected to.]

A. — Election of September sixtb, eighteen hundred and seventy-one.

Q. — Did 3'ou not nominate him, or help to nominate him, for that
position ?

A. — Yes, we do; many of us do it.

Q. — Do you not know that H. Eiley voted a Booth ticket at the last
election?

A. — I do not know, sir.

Q. — Has it not been reported to you that Henry Hiley voted a Eepub-
liean ticket at said election?

[Objected to.]

A. — Was reported to me very contradictory.

Q. — Then it has been a question in the community iu which he and
you reside, as to what ticket he did vote.

[Objected to.]

A. — So far as I understood, it was.

J. M. SOTO.

TESTIMONY OF E. W. MILLS.

E. W. Mills being duly sworn to tell the truth, the whole truth, and
nothing but the truth, in the matter of this contest, testifies as follows,
to wit:

•

Question — State 3-our name, age, and residence?

Answer — E. W. Mills; thirty-four years old; Salinas City.

Q. — Where were you on the sixth day of September, A. D. eighteen
hundred and seventy-one?

A. — In Salinas, Monterey Count}^ California.

Q. — Where was tlie election opened oii that day ?

A. — At the American Hotel.

Q. — Was the polls opened at the American Hotel?

A. — I was not there at the opening of the polls.

Q. — At what time in the day did 3'ou see voters voting at that election
in that precinct?

A. — After nine o'clock.

Q. — At the lirst time you saw voters voting, where' was the election
being held; state in what room?

A. — In the eastern wing of the hotel; room kiu)wn as the old Post
Office.

Q. — Do you know where the office of Eugene Sherwood is, in the Sa-
linas Precinct?

A.— I do.

Q. — Are there any obstructions between the office of E. Sherwood aud
the east room of the American Hotel where the election was held?

A. — Xone that I know of.

Q. — If ii man stands in the street in front of the office of Eugene Sher-
woo'l, can he see the room in which the election was held on that day?

[Objected to.]

A. — I do not think he can.

Q. — Then when you say there are no ab.structioiis, what do you mean
by it?

A. — No obstructions in the street.

Q. — State whether a person standing in front of Eugene Sherwood's
office in the Salinas Precinct can see the room in whicli tlie election was
held on that day?

A. — They cannot.

Q. — What will obstruct his view?

A. — A livery stable and Mr. Eiker's store.

Q. — State whether or not you were present during the time the Board
of Election were canvassing the votes cast at the election held on said
sixth day of September?

A. — I was there in the morning of the day following, during the time
they were counting.

Q. — State whether or not you saw any person or persons take from
the ballot box ballots called tickets and show them and state the politi-
cal character of such ballots, before the same were counted and tallied
by the Clerks of Election?

A. — I cannot say so certainly that they did; I saw them separated in
the ballot box.

Q. — State whether or not during the time you were in the room in
which the votes cast in Salinas Precinct were being canvassed, you saw
any other person than the officers of election take from the ballot box
from which the officers of election were counting, ballots that had been
cast the day preceding, and announce to yourself and others the char-
acter of such ballots?

[Objected to.]

A. — I am not certain that I did, although it was possible that I did.

Q. — State whether other persons than the officers of election in that
precinct were permitted to look at and examine the ballots or tickets
prior to the same being counted and tallied?

A. — They were permitted to look at them.

Q. — Do you not know as a fact, that members of the Democratic j^arty
stood behind the Judges of Election during the time they were counting
and tallying the votes at said election, and picked up ballots, so-called
tickets, and at such time said, "Here are your straight Democratic
tickets; this is what we like!" before such tickets were counted, or
words to that effect?

[Objected to, unless th$ gestures of the counsel are permitted to be
driiwn upon paper.]

A. — I have no such recollection.

Q. — Is it not true that persons other than the Judges and Clerks of
Election were permitted to examine the ballot box and the tickets prior
tothe tickets in the ballot box being counted.

A. — Oh, yes; everybody could look at them.

Adjourned until Tuesday, November twenty-eighth, at ten o'clock

A. M.

148

November 28th, 1871.
TESTIMONY OF E. W. MILLS EESUMED.

Question — State if you know the names of the political organizations
prior to the elections j'ou have referred to in the State of California?

Answer — Yes; Black liepublican and Democratic.

Q. — To which of those organizations do you belong?

A. — Class mj'self as a Democrat; don't know where I belong.

Q. — Where did 3'ou reside at the day of that election, and how long
prior to the same?

A. — Salinas City; about one year.

Q. — Were you actively engaged as a Democrat, to secure the success
of your party at that election?

A. — No, sir.

Q. — What is your business in Salinas City?

A. — Keeping a livery stable.

Q. — Are you acquainted with John Cockerill, J. H. Glossen, Lawrence
Hysell, Henry Hugo, and Van Valkcnburg?

A. — I can't say that I know an}^ of them.

Q. — Who was the Clerk or Inspector of Election in Salinas Precinct
at the election held September sixth, A. D. eighteen hundred and
seventy-one?

A.— B. F. Nixon.

Q. — State, if you know, to which ijolitical party B. F. Nixon belongs?

A. — Supposed to be a Democrat.

Q. — Do you not know that he oj^enl}^ advocated the election of the
Democratic ticket on and before the sixth day of September, A. D.
eighteen hundred and seventy-one?

A. — I believe he did.

CROSS EXAMINATION.

Q. — Was. not the American Hotel you speak of formerl}' known by
the names of Riker House", Half-way House, Old Post Office, and Old
Place of Voting?

A. — Have heard most all those names, except Old Place of Voting;
don't remember hearing that term used.

Q. — Are you not aware that it was and had been the place of voting
for Salinas Precinct for many years prior to said election?

A. — I know it has been the place of voting for a good many years.

Q. — Are you acquainted wiih one Mr. Buck well?

[Objected to.]

A. — Yes, sir; Colonel Buckwell.

Q. — Are you aware that Colonel Buckwell was the business agent of
Eugene Sherwood in the disjiosition of his lands, for many years?

[Objected to.]

A. — I know he was the agent of Sherwood for the sale of lots in Sali-
nas City for a good many j'ears.

-> Q. — Do you not know that the American Hotel, commonly known
also by the name of Piker House, Half-way House, and Post Office, was
the place where said Colonel Buckwell stopped and boarded?

A. — I do not know whether he boarded there or not.

Q. — Have you fixed in your mind the place which contestant's counsel

149

was pleased to term Eugene Sherwood's office in a question propounded
to you in chief?

A. — I have an idea where he means.

Q. — Is not that office in the suburbs or exterior limits of Salinas
City?

[Objected to.]

A. — I should hardly class it in the suburbs; it is a little to one end of
town, but I should hardly call it suburbs.

Q. — Is it not on a cross street, somewhat remote from Main street?

[Objected to.]

A. — It is on a cross street, about one hundred and fifty or two hun-
dred and fifty feet Irom Main street.

Q. — Is it not a fact that all the business houses, such as mercantile
houses, livery stables, drug stores, barber shops, etc., of said Salinas
City, are between the junction of this cross street upon which said Sher-
wood's office is situated with Main street and the lo\yer or southern end
of the city?

A. — I believe they are.

Q. — Is not the said American Hotel, formerly known as the Riker
House and Half-way House, within this block of business houses?

A. — 1 believe it is, and not far from the center.

Q. — Is not the American Hotel more convenient as a voting place than
the place you have fixed in your mind from the questions asked you by
contestant's counsel as Sherwood's office, and more easy of access to the
voters ?

[Objected to.]

A. — I think so.

Q. — Could any elector disposed to vote at said election have possibly
been deprived of the privilege by reason of the polls being held at the
American Hotel?

A. — I think not.

Q. — Is not the place you have fixed in your mind as Sherwood's office
a small room or office, and adjoining a house of ill-fame? and was it not
so on the said sixth day of September, eighteen hundred and seventy-
one?

A. — I believe it was.

Q. — Was not the house of ill-fame notorious as such, and much dis-
orderly conduct in and around it?

A. — House is known generally as a house of ill-fame, and at times bois-
terous.

Q. — By whom was the American Hotel kept at that time?

A.— By Mr. Block.

Q. — What were Block's politics?

A. — Republican, I believe; he passed as such.

Q. — Did the room occupied by the Election Board in said hotel on that
day front on said Main street?

A. — Yes, sir.

Q. — Is it not a large and capacious room, well adapted to such pur-
poses?

A. — Yes, it is.

Q. — Was William T. Harvey one of the Judges of Election on that
day?

A. — I can't say as to his initials. Harvey was one of the Judges.

Q. — What were Harvey's political sentiments?

A. — Republican, I believe.

150

Q. — Was bo not one of the leading and active Republicans in said elec-
tion?

A. — He was.

Q. — Was said Harvey not present as one of the Judges of Election
during all the time jou was present on that day?

A. — I think he was.

Q. — Where was the ballot box situated, if you know, during that day?

A. — At the end of the table, near the window.

Q. — Who received the tickets and placed them in the ballot box, if
you know?

A. — Am not positive, but think Mike Hughes received them.

Q. — Was not the ballot box situated beyond the reach of outsiders?

A. — I believe it was.

Q. — Have you had any experience as Clerk, Inspector, or Judge of
Election?

A. — I have.

Q. — Now tell u5 whether or not the Board of Election, including
Clerks, Inspectors, and Judges, observed ordinary care and caution on
that day?

A. — Yes, I think they did.

Q. — Did they not on the following day and during all the time up to
making out the returns?

A. — I do not think they did.

Q. — What were the political sentiments of Mike Hughes, who you say
received the ballots?

A. — Republican, I believe.

Q- — Were not he and Harvey present on the following day when the
ballots were counted?

A. — I believe they were.

Q. — Were they not acting on the Board?

A. — Am not certain, but believe they were.

Q — Do you know who the Tally Clerks were on that day?

A. — Harry Morehouse and Butler.

Q. — Were you present when the Board of Supervisors canvassed the
vote?

[Objected to.]

A. — I was not.

Q- — Do you not know that the names on the voting list, tallies, and
ballots, all corresponded?

[Objected to.]

A. — I do not; was not present to know that they did. I presume they
did.

RE-DIRECT EXAMINATION.

Q. — State the names of the other members of the Board of Election
who participated on that and the preceding day?

A. — I don't recollect of seeing but the five there on the morning
following.

Q. — State if you know the names of the Board of Supervisors of Monte-
rey County? If yea, who are they?

A.— I know them: S. M. Black, E. A. Reynolds, R. Morey, John
Sheehy, G. W. Bryan. .

Q. — To which pohtical organization do they belong?

A. — Classed as Democrats.

151

Q. — State whether you know them personally?

A.-r,lo.

Q. — Do you not know that each and every one of them are partisan
Deniocriits?

[Objected to.]

A. — I can't say that they are in the strict sense.

Q. — State whether 3-011 know whether they are identified with the
political ort!;anization known as Democratic, each and every one of them?

A. — They are all identified as Democrats.

Q- — Is there a sign upon the place you have designated as Eugene
Sherwood's office? If yea, what is it?

A. — There is a sign: " Saucel Land Office."

Q. — State if you know Daniel Walsh?

A.— I do.

Q. — Do you know to which political organization he belonged Septem-
ber sixth, eighteen hundred and seventy-one?

A. — I believe him to be a Democrat.

RE-CROSS EXAMINATION.

Q. — Were 3'ou present yesterday when J. M. vSoto was examined as a
witness in regard to the political sentiments of said Daniel Walsh?

A. — I was not.

Q. — Who is most intimately acquainted with said Daniel AValsh, you or
Mr. Soto?

A. — 1 could not say.

Q. — Do you not know that said Daniel Walsh has been in the employ
of said J. M. Soto and keeping a lively stable within a few feet of said
Soto's office for a period ranging two or three 3'ears?

A. — No. I know that he kept a livery stable there during a short

perioi.

E. W. MILLS.

TESTIMONY OF C. D. FOWLEE.

C. D. Fowler, being duly sworn to tell the truth, the whole truth,
and nothing but the truth, in the matter of this contest, testifies as
follows, to wit:

Question — State your name, age, residence, and where you were on the
sixth da}' of September, A. D. eighteen hundred and seventj'-one?

Answer — C. D. Fowler; age, thirty-eight 3'ears; residence, Hollister
Township or Precinct; and was on the morning of September sixth,
eighteen hundred and seventh-one, at San .Benito Polling Precinct;
arrived at Tres Pinos Precinct about nine o'clock a. m.; staid there till
about four o'clock p. m. ; went to Hollister in time to vote.

<^. — To what political organization do you belong?

A. — I am gcnerail}'^ identified with the iiepublieaus.

Q. — State whether or not you were actively engaged prior to said
election in aid of the Pepublican party?

A. — I was.

Q. — Do you know John W. Grewell, A. J. Eader, John J. Janett,

152

Leander Emery, William A. Moodj^, Gilbert Mulch, Peter Crisman, and
James lluduer; if yes, have you any knowledge as to which political
party they belong?

A. — John W. Grewell, identified with the Democratic party; A. J.
Eader, am not personally acquainted with him; J. J. Jaiiett, am not
acquainted with him; Leander Emery, don't know him; W. A. Moody,
supposed to be a Democrat; Gilbert Mulch, he is a good Democrat;
Peter Crisman, he is classed as a Democrat; James Hudner, am not per-
sonally acquainted with him; know him by sight; Democratic by repu-
tation.

Q. — Do you know the reputed political character of A. J. Eader; if
yes, state all you know of it?

A. — He is reputed Democratic, from the best information I could
derive during the campaign; his brother informed me that he had come
back.

CROSS EXAMINATION.

Q. — Do I understand you to say that there are some of the men whose
names you have mentioned who you do noi know?

A. — Some of them I do not know personally, and one I do not know
at all.

Q. — Tell us how it is you know the politics and can testif}^ to the
politics of men 3^ou do not know?

[Objected to for the reason that he has not so testified.]

A. — I don't think I have so stated.

Q. — Did 3^ou not state that you did know A. J. Eader and others?

A. — I did; said I did not know them personally.

Q. — Now, did you not state that you knew the political sentiments of
A, J. Eader and others?

A. — I stated I knew it from evidence I had from other parties, not
from personal knowledge.

Q. — Can you give us the names of the other parties you speak of.

A. — I can give some of them; Mr. Poole and Mr. Will an Eader; as to
any other names, I could not recollect them jDOsitive; jjlenty of others,
but I cannot now remember them.

Q. — Was not the term "plenty of others" used in your last answer
for the purpose of strengthening, if possible, your answer to the last
question in behalf of contestant?

A. — It was not.

Q. — Is it not true that Democrats voted for Eepublicans and Eepubli-
cans for Democrats at that election?

A. — The ballot so showed, as it was counted.

Q. — Is it not true that the County of Monterey was from sixty to one
hundred majority Democratic, and that your party (the Eepublicau
part}') carried the county for nearly all the local offices?

A. — Could not say whether it was Democratic or Eejiublicau, as far
as the last vote is concerned; llaight carried the county by, I think,
about seventy-one, and we elected a portion of our county officers; the
Eepublican j^arty elected their Assemblyman, the Sheriff, Clerk, School
~' Superintendent, District Attorney, and County Treasurer; the Demo-
crats elected the Assessor, the Surveyor, the Coroner, and the Public
Administrator.

Q. — Then it follows, does it not, that from seventy to one hundred
Democrats in the County of Monterey voted the Eepublican ticket?

153

[Objected to.]

A. — Uiuloubtodly, from seventy to one hundred voted for some part
of the ticket.

C. D. FOWLEK.

Contestant now offers a certificate of the County Clerk of Monterey
County and ex officio Clerk of the Board of Supervisors, certifyini; the
appointment of M. lliordan as Clerk of Election in and for Natividad
Precinct. Also, a certified copy. of the order designatini^ the places in
which the election should be held on the sixth day of September, A. D.
eighteen hundred and seventy-one, in the several precincts of Monterey
County. Also, a certificate, signed and sealed with the seal of the
County Court of said Monterey County, certifying the number of votes,
as canvassed by the Board of Supervisors of said County of Monterey,
for the office of Senator of the Sixth Senatorial District of the State of
California, composed of the Counties of Monterey and Santa Cruz, in
which the whole number of votes cast for Thomas Beck, as said Sena-
tor, and for Thomas Flint, as such Senator, are shown:

State of California,

' ^ ss.

County of Monterey,

}

I, W. M. E. Parker, County Clerk and ex officio Clerk of the Board of
Supervisors in and for said county, do hereby certify that at a regular
meeting of said Board, held on the eighth day of Ma}^, A. 1). eighteen
hundred and seventj'-one, M. Eiordan was appointed Clerk of Elections
in and I'or the Natividad Precinct of said county.

r-^^ — 1 Witness my hand and seal of the County Court of said
I SF\T I county, this twenty-seventh day of November, A. D.

\ ' ) eighteen hundred and seventy-one.

v^v^^ W. M. E. PAEKEE,

Clerk,

POLLING PLACES IN MONTEEEY COUNTY.

State of California, Board op Supervisors, \
Monterey County, August Term, 187L J

Present — Full Board and the Clerk.

The Board now name the following as the polling places for the gen-
eral election to be held September sixth, A. D. eighteen hundred and
seventy-one:

Hollister — At Justice Davis' office.
San Benito — At Justice Brown's office.
Tres Pinos — At Snyder's store.
Peach Tree — At Morse's store.
San Juan — At Fred. Kemp's.

154

Castroville — ^At Justice Williams' office.
Nutividud — At Campbell's Hotel.
Santa Kita — At Burnside's Hotel.
Saliuas — At Sherwood's laud office.
Pajai'O — At Joe Pelisier's.
Soledad — At Los Coches House.
San Lorenzo — At Dodge's store.
San Antonio — At school house.
Monterey — At County Court House.

State of California,

Count}' of Monterey.

I, W. M. E. Parker, County Clerk in and for said county, and ex officio
Clerk of the Board of Supervisors in and for said county, do hereby cer-
tify that the foregoing is a true, full, and correct copy of the original
order made by said Board, on the nineteenth day of August, A. D. eigh-
teen hundred and seventy-one, establishing the places for holding polls
for the general election for eighteen hundred and seventy-one, as of
entry in the minutes of said Board.

r-^^ — 1 Witness my hand and official seal, at office, this twenty-

f „„.^ ) seventh day of November, A. D. eighteen hundred and

■i SEAL, y . •' 7 D

( J seventy-one.

^^^^ W. M. E. PAEKEE, '

Clerk.

EECOUNT OF YOTE.

State of California, \

County of Monterey. J ^^'

I, W. M. E. Parker, County Clerk and ex officio Clerk of the Board of
Supervisors in and for said county, do hereby certifj' tliat, after a can-
vass and recount of the votes of Thomas Beck and Thomas Flint, can-
didates voted for in said county on the sixth day of September, A. D.
eighteen hundred and seventy-one, for Senator for the Counties of Santa
Cruz and Monterey, it was found that in said County of Monterey the
said Thomas Beck received one thousand two hundred and seventy-eight
(1,278) votes, and that Thomas Flint received one thousand and forty
(1,040) votes.

•I SEAL. K

Witness my hand and seal of County Court, this twenty-
seventh day of November, A. D. eighteen hundred and
seventy-one.

W. M. E. PAEKEE,

County Clerk.

Eespondent objects to the admissibility of the record of the Board of
Supervisors purporting to be a copy of the canvass of the vote, upon
the ground that the original has not been offered and is not a copy; and.

155

the further i^roinuls that the same is not properly certified to. Objects
to the luhnissibility of the instrument purporting!; to be the order ot the
Boai'd of Suj)ervisors, designating the pulling places, u|)on the ground
that the original has not been ottered, ami u])on the ground that the
same is not a cop}' and is not properly certitied to.

liespondent now moves that the Commission adjourn from <lay to day,
until respondent's testimony be completed, which motion the Conmiis-
sion now denies.

CERTIFICATE OF COMMISSIONERS.

State of California,

County of Monterey.

ss.

AYe, John W. Whitney and Joseph O. Heritage, Justices of the Peace
in and for the Township of San Juan, in said County of Monterey, duly
commissioned by the Clerk of the District Court of the Third Judicial
District, in and for the County of Monterey, to take the depositions of
witnesses to be examined before us in the matter of the contest of the
election of Thomas Beck as Senator in and for the Sixth Senatorial Dis-
trict of the State of California, composed of the Counties of Monterey
and Santa Cruz, in said State, do hereby certify that the witnesses in
the foregoing depositions named were by us duly sworn to testify the
truth, the Avhole truth, and nothing but the truth; that said depositions
were taken on the days mentioned at the caption of each deposition;
that the taking of the same was commenced on the thirteenth day of
November, A. D. eighteen hundred and seventy-one, and was thereafter
continued until the twentj-eighth day of November, eighteen hundretl
and seventy-one, when the same was completed; that the said deposi-
tions were reduced to writing by M. G. Elmore, in our presence, who was
appointed by us as Clerk, with the consent of the parties hereto, and
when completed were, by said M. (1. Elmore, in our presence, carefully
read to each of said witnesses, and being by said witnesses each respec-
tively corrected, were by them subscribed in our presence.

In witness whereof, we have hereunto subscribed our names, and
(having no seal of office) have affixed our pi-ivate seal, this twenty-eighth
day of November, A. D. eighteen hundred and seventy-one.

JOHN W. WHITNEY. [seal.]

JOSEPH O. HERITAGE. [seal.]

CERTIFICATE OF COMMISSIONERS.

State of California,

County of Santa Cruz.

We, E. Wellington and Luther Farnham, Justices of the Peace in and
for the Township of Santa Cruz, county and State aforesaid, duly com-

156

missioned by the Clerk of the District Court of the Third Judicial Dis-
trict of the State of California, in and for the County of Santa Cruz, to
take the depositions of witnesses to be examined before us in the matter
of the contest of the election of Thomas Beck as Senator in and for the
Sixth Senatorial District of the State of California, composed of the
Counties of Monterey and Santa Cruz, in said State, do hereby certify
that the witnesses in the foregoing depositions named, were by us duly
sworn to testify to the truth, the whole truth, and nothing but the truth;
that said depositions were taken on the days named at the caption of
each deposition; that the taking of the same was commenced on the
ninth day of November, A. D. eighteen hundred and seventj^-one, and
was thereafter continued from day to day until the twentj'-ninth day
of November, eighteen hundred and seventy-one, when the same was
completed; that the said depositions were taken at the District Court-
room, in the City and County of Santa Cruz, State aforesaid; that said
depositions w^ere reduced to writing b}^ M. J Bennett and L. Eandall, in
our presence, who Avere aj^pointed by us as Clerks, with the consent of
the parties hereto, and when completed were, by said M. J. Bennett
and h. Eandall, in our presence, carefully read to said witnesses, and
being by said witnesses each resisectivel}^ corrected, were by them, in
our presence, duly subscribed.

In Avitness whereof, we have hereunto subscribed our names and
(having no seal of office) have affixed our private seals this twenty-ninth
day of November, A. D. eighteen hundred and seventy-one.

E. WELLINGTON, [seal.]

LUTHEE FAENHAM, [seal.]

Justices of the Peace in and for Santa Cruz County.

PEOTEST OF EESPONDENT. .

In the matter of the contest of the election of Thomas Beck as Senator of the
State of California, in and for the Sixth Senatorial District of said State,
composed of the Counties of Monterey and Santa Cruz.

Be it remembered, that pursuant to the affidavit and notice hereunto
annexed, and on the eighth, ninth, tenth, eleventh, twellth, thirteenth,
fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth,
twenty-second, and twentj^-third days of January, A. D. eighteen hun-
dred and seventy-two, at my office, in the County of Monterey, State of
California, before me, J. W. Whitnej^, a Justice of the Peace in and for
said County of Monterey, duly appointed and commissioned to admin-
ister oaths, etc., personally appeared Alonzo Heller, Nelson Streuve, E.
II. Mcllro}^, Thomas Yost, Charley Anderson, Henry Eiley, Albert
Heath, Horatio Stanley, L. E. McKay, J. Bandy, C. A. Imus, William
M. E. Parker, John S. Payne, A. J. "Eader, Joseph N. Dunning, A. S.
Murphy, and Edmund Burch, witnesses produced on behalf of the con-
testant in the above entitled contest, now pending before the Senate of
the State of California, who, being first by me duly sworn, were then
and there examined and interi*ogated by A. Heath, Esquire, of counsel

157

for the said contestant, and hy A. Craii.', Esquire, of counsel for the said
respondent, and testitiud as follows:

. Alonzo Heller (first witness), being first duly sworn to testify the
truth, the wiiole truth, and nothing- hut the truth, relating to the mat-
ters in controversy in the above entitled contest, deposes and says:

Comes now the respondent, Thomas Beck, by his attorney, A. Craig,
on this eighth day of January, A. D. eighteen hundred and seventy-two,
and before any witnesses are sworn to testify in pursuance of said pre-
tended notice, and makes the following objections to the proceedings
herein, and to the taking of any depositions herein, and to the exami-
nation of any witnesses whatever in pursuance of said notice, or in said
cause:

First — No time is specified in the notice, in pursuance of wliich the
depositions are sought to be taken, for the taking of depositions, in this,
that between one hour and another is as between one week and another.

Second — The notice for the eighth day of January, A. J), eighteen
hundred and seventy-two, is for the day on which the resjDondent is
bound by law to appear before the Committee of the Senate of the State
of California, at Sacramento, California, for the trial of said cause.

Third — The sitting of the Committee, appointed and set for the eighth
day of Januar3^ A. D. eighteen hundred and seventy-two, is the com-
mencement of the trial of said cause, mentioned in Article seventh,
section eighty-eight, of the Act of the Legislature of the State of Cali-
fornia, entitled " Election Law in general," and of subdivision of said
Act relating to contesting elections for members of the Legislature,
after which time no depositions can be taken in the matter.

Alonzo Heller (first witness), being first duly sworn to testify the
truth, the whole truth, and nothing but the truth, relating to the mat-
ters in controversy in the above entitled contest, deposes and says:

Ecspondent objects to the Avitness Alonzo Heller being sworn or
examined, for the reason that respondent had no knowdedge of the
taking of the deposition of said Heller; that no notice whatever was
given to the respondent of the taking of said deposition; that the notice
under which these depositions are pretended to be taken does not contain
the name of the said witness, Alonzo Heller,; and the officer, John W.
Whitney, had no authority, by virtue of the notice herein, to issue any
process whatever, for the said witness, Heller, and has not now the
authority to examine or interrogate him herein, or to permit it to be
done.

Second — The witness. Heller, was examined in this cause on the part
of the contestant in the proceedings herein prior to the meeting ox the
Senate, and they now have his deposition.

TESTIMONY OF ALONZO HELLEE.

Question — Are you acquainted with one Fi'ank Hardin?

Answer — I think I've heard of him, but I can't say that I know him.

Q. — State whether or not you voted at the general election held in the
State of California on the sixth day of September, A. D. eighteen hun-
dred and seventy-one?

158

A. — I did; in Tres Pinos Precinct, Montevey County.

Q. — State whether or not on that day you voted for any person for
the office of State »Scnator of the State of California, in and for the
Sixth Senatorial District, composed of the Counties of Monterey and
Santa Cruz?

[Objected to.]

A— I did.

Q. — For whom did you vote?

[Objected to upon the ground that the election being by ballot, it is
requiring the elector to reveal the character of his ballot, and to reveal
a fact which was intended by the lawmakers of the land that he could
keep secret, if he chose.]

A. — I think I have a perfect right to decline to answer.

Q. — For whom did you vote?

A. — I give the same answer that I did before.

Counsel for contestant now asks that J. W. Whitney, Esq., the Jus-
tice of the Peace before whom this deposition is now being talcen, com-
pels the witness to make full answer to the last question, or be jiunished
for contempt.

Objected to, on the ground that no such power or authority is vested
in said John W., Whitney; his only power being to administer oaths to
the witnesses and certify to depositions after taken; and that John W.
Whitney had no authority to issue process for said Heller; and that the
words, "or be punished for contempt," were, b}'" request of John W.
Whitnc}', added to the foregoing interrogatory or motion.

The Justice refused to enforce the above order at present, and that
Mr. Heller subject himself to the order of the Justice of the Peace, to be
recalled.

The witness now states the reason for his refusing to answer the
question:

"It was under a constitutional right that I refused to answer; and if
I am compelled to answer, it is under protest. Under the circumstances
I will answer the question — I voted for Mr. Beck."

Eesi^ondent now moves to strike out all the testimoiiy of the witness,
Heller, for the reasons stated in the objections made to his examination
herein, and the objections that appear^in his said dej)Osition, and waiving
nothing, now proceeds to cross examine said witness.

CROSS EXAMINATION.

Q. — You have been examined in this case before, have you not?

A. — Yes, sir.

Q. — How long had you been a resident of the State of California im-
mediately next preceding the sixth day of September, A. D. eighteen
hundred and seventy-one?

[Objected to as immaterial and irrelevant.]

A. — 'Two years and eight or nine months.

Q. — How long had you been a resident of said* Tres Pinos Precinct,
the precinct at which you say you voted, immediately next preceding
the sixth day of September, A. 1). eighteen hundred and seventy-one.

[Objected to as immaterial und irrelevant.]

A. — About seven months.

Q. — Was you a citizen of the United States when you came to Cali-
fornia?

150

[Objected tons immaterial, irrelevant, and secondary.]

A. — I was.

Q. — What, if an3-tluni]j, did you do, or what information had you at
the lime you voted, of having complied with the requirements, rules, and
rei;uhitions of the election laws of this State?

[Objected to as leading, immaterial, irrelevant, and secondary.]

A. — I su])posed my name was on the Register; I met Mr. Shearer on
the road some six weeks or two months before the election; he asked
nie where I lived; I told him; he wanted to know if m}'' name was on
the (n-eat licgister, and I told him it was not; he said when he was
going round so, he made a practice of taking the names of those not
registered, and after he got three or four names he sent them in and
had them put on the Register, and I supposed he would do it, and I felt
satisHed that he did it; I saw him take his pencil and write, and asked
me how to spell my name; this was in Tres Pinos Precinct; iMr. Henry
"Watson toUl me that he was authorized to take the names and place
them upon the poll list; when I came to vote, they said there was a
printed list that was sent back there, and my name was not on it; but he
said there must be some mistake, because there were others that lived
there for a number of years that were not on it, but had voted here in
Hollister, and he thought there must be a mistake of the clerk; my
name vvas on the written poll list; the Board then decided whether I
was a legal voter or not; they decided that I was, and I voted; Mr.
Shearer was Republican candidate for School Superintendent.

Bu Contestant. — At the time Mr. Shearer took your name, as before
stated, did he ask you 3'our age and place of nativity, and did he or did
he not administer to you an oath?

A. — I am sure he asked me my age; I think he did not ask the place
of my nativity; he did not administer an oath to me.

ALONZO HELLER.

TESTIMONY OF NELSON STREUVE.

Nelson Streuve, being first duly sworn to testify the trutii, the whole
truth, and nothing but the truth relating to the matters in controversy
in the above entitled contest, deposes and says:

Question — State your name, age, and occupation?

Answer — My name is Nelson Streuve; age, thirty-three years; occu-
pation, farmer.

Q. — State whether or not you voted at the general election held on
the sixth day of September, A. D. eighteen hundred and seventy-one, in
the State of California?

[Objected to as incompetent and secondary; and the taking of this
deposition is objected to upon the further grounds that it is without
autliority, and commenced to be taken long after six o'clock on the
eighth of January, A. D. eighteen hundred and seventy-two.]

The second question of the above examination being withdrawn by
contestant, it appearing that the hour, of six o'clock having arrived, and
as the depositions were to be taken between the hours of nine o'clock
A. M. and six o'clock P. M., the further examination is adjourned until

160

the ninth day of January, A. D. eighteen hundred and seventy-tw5, at
ten o'clock A. M.

January 9th, 1872.
TESTIMONY OF NELSON STEEUVB RESUMED.

Question — State whether or not you voted at the general election held
on the sixth day of September, A. D. eighteen hundred and seventy-one,
in the State of California.

[Objected to as secondary and incompetent, and the name of the wit-
ness Streuve does not appear in the notice, and respondent objects to
his being examined.]

Answer — I did; in Pajaro Precinct, in Montei'ey County.

Q. — State whether or not on that day you voted for any person for
the office of State Senator of the State of California in and for the Sixth
Senatorial District, composed of the Counties of Monterey and Santa
Cruz?

[Objected to as incompetent, and requiring witness to reveal the char-
acter of his ballot.]

A. — I voted a Democratic scratched ticket; I can't state whether I
voted for either of them or not, as they were both unknown to me.

Q. — State the name of the person who scratched or changed the
printed names u^on your ticket?

[Objected to.]
, A. — I can't say; it was given to me scratched and I scratched two or
three other names.

Q. — State whose names were scratched upon that ticket when you
received it, if you know?

[Objected to.]

A. — I am not positive now.

Q. — State, if you know, whether all the names scratched upon that
ticket by 3'ourself and the person from whom you received it were for
county and township officers, and not for members of the Legislature.

[Objected to as incompetent, irrelevant, immaterial, and leading.]

A. — I am not positive.

Q. — State whether or not there were any changes upon your ticket
for State officers?

[Objected to.]

A. — I am not positive.

Q. — When you received your ticket how many names were scratched
or erased from the same, and for what officers?

[Objected to.]

A. — I am not certain; there was one or two; am not certain for what
offices they were.

Q. — Upon what portion of the ticket were the erasures?

[Objected to.]

A. — Am not positive, but think they were upwards, as the lower ones
""I scratched myself

Q. — Ilovv long have you been acquainted with Thomas Beck, the
respondent?

A. — Since the election; did not know him before.

Q. — State whether or not you can read and write in the English lan-
guage?

IGl

A. — I can read, but write rather poorly.

Q. — At tli^ time you voted, on the sixth of September, A. D. eighteen
hundred and seventy-one, who were tiie candidates lor the office of Sen-
ator in this district?

[Objected to.]

A. — Thomas Beck and Thomas Flint.

Q. — State to what party Thomas Beck belonged?

A. — To the Democratic partj', I suppose.

Q. — Was he or was he not the candidate of that party, nominated at
a convention of the party, for the office of Senator?

[Objected to.]

A. — Tluit is more than I can say; I was not there.

Q. — Was there any other Democratic candidate for Senator in this
district?

[Objected to.]

A. — None that I know of.

Q. — At the time you voted, on the sixth of September, A. D. eighteen
hundred and seventy-one, for whom did you intend to vote for the office
of Senator for the Sixth Senatorial District, composed of the Counties
of Monterey and Santa Cruz.

[This question is objected to as incompetent; it proves no fact, and
only seeks to elicit the intention of the witness.]

A. — I had no particular intention for either of them.

Q. — State what political party you desired should be successful at that
election?

[This question was objected to as incompetent; it proves no fact, and
only seeks to elicit the intention of the witness.]

A. — I never cared for either of them.

Q. — State whether the name of Thomas Beck was scratched or erased
from the ticket you voted on that day?

[Objected to.]

A. — I am not positive whose name was on that ticket.

Q. — State whether or not the name of Thomas Flint was on that
ticket?

[Objected to.]

A. — I am not positive.

Q. — If the name of Thomas Beck had been, scratched or erased would
you not be likely to remember it now?

A. — I do not remember it.

Q. — If the name of Thomas Flint had been inserted in the ticket you
voted that day would you not now recollect it?

[Objected to.]

A. — I do not recollect it.

Eespondent now moves to strike out all the testimony of the witness
Nelson Streuve, upon the grounds: first, that respondent had no notice
whatever of the taking of his said testimony; and, secondly, on the day
of the eighth day of January, A. D. eighteen hundred and seventy-two,
the witness. Nelson Streuve, was sworn, and the first interrogatory and
second interrogatory was propounded to him by contestant's counsel,
whereupon respondent's counsel objected to his said deposition, upon the
ground that it was without authority, and commenced to be taken long
after six o'clock on the eighth of January, eighteen hundred and sev-

162

enty-two, whei'eupon John W. "VYliitncy, before whom the deposition was
being taken, made the following order: The second question of the
above examination being withdrawn by contestant, it appearing that the
hour of six o'clock having arrived, and as the depositions were to be
taken between the hours of nine o'clock a. m. and six o'clock p. m., the
further examination is adjourned until the ninth day of January, A. D.
eighteen hundred and sevent3''-two, at ten o'clock A. M., and the first
interrogatory not having been withdrawn, is now left to form a part of
said Streuve's deposition, as the second interrogatory is first in order
propounded to him on the ninth duy of January, eighteen hundred and
seventy-two — and now, waiving no part of his said motion to strike out,
or any objections heretofore made, respondent now proceeds to cross
examine said witness, Nelson Streuve.

CROSS EXAMINATION.

Q. — Then, you not being acquainted with Thomas Beck, and having
voted a ticket having both Republicans and Democrats on it, it is just
as probable, is it not, that you voted for Thomas Flint as for Thomas
Beck?

[Objected to, as leading, immaterial, and irrelevant.]

A. — Probably so; I don't recollect.

Q. — How long had you been a resident of the State of California im-
mediately next preceding the sixth day of September, A. D. eighteen
hundred and seventy-one?

[Objected to as immaterial and irrelevant.]

A. — About ten years continuously.

Q. — How long had you been a resident of the County of Monterey,
and of Pajaro Precinct, at which you say you voted, immediately next
preceding the sixth day of September, A. D. eighteen hundred and sev-
enty-one?

[Objected to as immaterial and irrelevant.]

A. — About three j'ears.

Q. — Was you a citizen of the United States when "yon came to said
Monterey County to reside?

[Objected to upon the grounds that the question is immaterial, irrele-
vant, and secondary.]

A. — No, sir.

Q. — Are you a citizen of the United States now, and if so, how long
have you been?

[Objected to as immaterial, irrelevant, and secondary.]

A. — I am now, and have been between two and tln*ee years.

Q. — Have you not been, since you have been a citizen of the United
States and a resident of said County of Monterey, frequently summoned
as a juror in said county, and have you not served in that capacity in
obedience to process issued out of the Courts of said county and served
upon you b}^ the Sheriff of said county?

[Objected to as leading; not a proper cross examining question; as
immaterial, irrelevant, and secondary.]

A. — I was; 1 served once in the County Court of Monterey County as
a trial juror; I was summoned by the Sherift" of said county, and was
there ten or twelve days.

Q. — When you voted at said election do you know whether your name

1C3

was registered in sni<l county and enrolled upon the written or printed
poll list of said Pajaro Precinct?

[Objected to.]

A. — I don't know whether it was written or printed; I went to the
office of Judge Poherts to see whether it was there or not, a few days
before election, and he looked for my name in tlie book before him, and
found the name and put it down.

Q. — Was Judge lioberts one of the Election Board?

A. — Yes, sirj he was there election day, counting votes.

RE-EXAMINATION.

Q. — State the place of your nativity?
A. — Denmark.

Q — At what age did you leave Denmark?
[Objected to as incompetent and immaterial.]
A. — At about sixteen or seventeen years of age.

Q. — State whether you emigrated from Denmark to the United States
in company with your father?
[Same objection as the last.]
A. — No, sir.

NELSON STEEUVE.

On motion of contestant's counsel, and for good cause shown, the
further taking of depositions is continued until the tenth day of January,
eighteen hundred and seventy-two, between the hours of ten o'clock
A. iM., and six o'clock p. M.

January 10th, 1872.
TESTIMONY OF 11. 11. McILEOY,

Contestant now offers E. H. McIlroy as a witness.

Eespondent objects to said E. H. McIlroy being sworn or examined
as a witness herein, for the reason that respondent had no notice what-
ever of the taking of his deposition, the name of said McIlroy not
appearing in the notice, and no notice whatever having been given to
the respondent of his examination until called upon to be sworn; and
further, that the proceedings herein are irregular and not authorized by
law.

E. II. McIlroy, being first duly sworn to testify the truth, the whole
truth, and nothing but the truth, in relation to the matter of the above
entitled contest, de^joses and says:

Question — State your name, age, residence, and occupation?

Answer — E. H. McIlroy is my name; age, fortj-rive; occupation,
farmer; residence, Trcs Pinos Precinct, Monterey County.

Q. — State whether or not you are acquainted with Samuel G. Medley
and Frank Hardin?

[Objected to.]

A. — I have seen Mr. Medle}^, and have heard of Mr. Hardin; I am not
personally acquainted with either.

164

Q. — Where were you on the sixth day of Septeraher, A. D. eighteen
hundred and seventy-one?

A. — I was in Tres Pinos Precinct, at the place where the election was
held, all day, except the time I was going there from mj' house.

Q. — State whether or not you saw Samuel G. Medley and Frank
Hardin that dnj at the place where the election was held in said Tres
Pinos Precinct?

[Objected to.]

A. — I saw Mr. Medlej- there; I did not see Mr. Hardin, or if I did I
did not know him.

Q. — State, if 3'ou know, to what political party or organization the
said Samuel G. Medley belongs?

A. — He belongs to the Democratic party, I believe; to the best of my
knowledge and belief he votes that ticket.

Q. — State to what political oi'ganization 3'ou belong?

[Objected to.]

A. — I belong to the Eepublican party.

Q. — State whether or not you participated' actively in the interests of
the Eepublicau party prior to and on election day?

A.— I did.

Q. — State whether or not you made inquiries as to the political repu-
tation of persons who voted at that election in said Tres Pinos Precinct?

[Objected to.]

A. — Not directly; I inquired of the different politics of different
parties, but not of every one of those that I did not know the i)olitics of.

Q. — Where does Samuel G. Medley now reside?

A. — I do not know; I have not seen him since the day of election.

Eespondent now moves to strike out all the testimony' of said E. H.
Mcllroy, upon the grounds first in his deposition aforesaid, and waiving
nothing, now proceeds to ask the said Mcllroy the following questions:

CROSS EXAMINATION.

Q. — How frequently did you see the said Samuel Ct. Medley, and how
intimate was your acquaintance with him?

A. — I have seen him several times, but had no intimate acquaintance
with him.

Q. — Then you know nothing about his politics from any acquaintance
you had with the gentleman, or from any interview had with him?

A. — No, sir.

Q. — Then we are to understand that your testimony as to the political
sentiments of said Medley from the answer you have already given, that
you believe he was a Democrat, is but your opinion?

A. — Yes, and from what I have seen and heard.

Q. — Not from any knowledge of j^our own?

A. — Notliing but what I have seen him doing on the day of election
and from what I heard others say.

Q. — You say j-ou took an active interest in the election? Have you
got any interest in this contest, or do you expect any to grow out of it
ultimately'?

A. — I have not, nor do not.

Q. — Arc you here to-day in obedience to any process, or merely vol-
untary?

1G5

A. — I am hero in obedience to a process, on a subpoena issued in behalf
of the contestant.

v.. n. McILEOy.

On motion of contestant's counsel, and for t^ood cause shown, the
further taking of depositions is continued untd tiie twelfth day of Janu-
^'T) eij^-hteen liundred and seventj'-two, between tlie hours of ten o'clock
A. M. and six o'clock p. M.

January 11th, 1872.
TESTIMONY OF THOMAS YOST.

Thomas Yost was offered as a witness.

Respondent objects to said Thomas Yost being sworn or examined as
a witness lierein, for the reason that respondent had no notice whatever
of the taking of his deposition, the name of said Thomas Yost not appear-
ing in the notice, and no notice whatever having been given to the
respondent of his examination untd called upon to be sworn; and further,
that the proceedings herein are irregular and not authorized by law; and
further, tlie testimony of the witness Yost was once taken in this cause,
and his testimony is now before the Senate Committee, at the instance
ot the contestant.

The said Thomas Yost, being first duly sworn, testifies as follows,
to wit;

Question — State your name, age, and occupation?

Answer — My name is Thomas Yost; age, thirty-one; residence, Hol-
lister; occupation, clerk.

Q. — Where was you on the sixth day of September, A. D. eighteen
hundred and seventy one?

A. — In the Town of Hollister, Monterey County, this State.

Q. — Are you acquainted with John J". Janett?

A. — Yes, sir.

Q. — Where is he now?

A. — He is in Omaha; at least I have been so informed.

Q. — AVhen did you last see him?

A. — Sometime in the latter part of October.

Q. — Where was he on the sixth day of September, A. D. eighteen hun-
dred and seventy-one?

A. — I think he was in Hollister.

Q. — State, if you know, the political reputation of the said Janett on
the sixth day of September, A. 1). eighteen hundred and seventj^-one?

A. — He was classed as a Democrat, and so considered by Mr. N. C.
Bri_ii^gs and myself while making out a list for our own satisfaction.

licspondent moves to strike out the answer as not resjjonsive to the
question.

Respondent now moves to strike out all the testimony of said Yost,
and waiving nothing, asks the following questions:

CROSS EXAMINATION.

Q. — Was not your deposition in the case of Flint versus Beck, con-
tested election case, taken before the Commission in November last?

166

A. — Yes, sir.

Q. — Were you not then questioned in regard to the political reputation
of said J. J. Janett?

A. — I do not remember; I think I was.

Q. — Was your testimony then the same as now?

A. — I think it was.

Q. — I understand j'ou to say you know nothing of the political senti-
ments of the said Janett of your own knowledge, but only what one
Briggs may have told 3'ou?

[Objected to as leading, immaterial, irrelevant, and assumes what the
witness has not stated.]

A. — I was told bj^ several parties, in addition to Mr. Briggs, that he was
a Democrat.

Q. — You do not pretend to know or testify how John J. Janett voted,
or for whom he voted?

[Objected to as immaterial and irrelevant.]

A.— No.

Q. — Where is the jDrivate list made by Briggs and yourself?

A. — I do not know.

Q. — Do you not know that that list was made at the instance of N. C.
Briggs, and that he now has the same list, and that it was more particu-
larly made to ascertain and marshal the vote for Assembh^man, and that
said J. J. Janett's name was put down upon that list as a supporter of
the Bepublican candidate for Assemblyman?

[Objected to b}^ contestant as leading, impertinent, and irrelevant.]

A. — I do not.

Q. — Can you now state tjbat such was not the fact ?

[Objected to as irrelevant.]

A. — I don't understand the question.

THOMAS YOST.

On motion of contestant's counsel, and for good cause shown, the fur-
ther taking of depositions is continued until the twelfth day of January,
eighteen hundred and seventy-two, between the hours of nine o'clock
A. M., and six o'clock p. m. •

January 12th, 1872.
TESTIMONY OF CHAELES ANDERSON.

Contestant now offers Charles Anderson as a witness.

Eespondeut, by his attorney, now objects to said Charles Anderson
being sworn, on the grounds that the notice is insufficient, and the
taking of the testimony is after the time set for the trial of said cause?

Charles Anderson, being first duly sworn to testify the truth, the
whole truth, and nothing but the truth, in relation to the matter of the
above entitled contest, deposes and saj's:

Question — State j'our name and age?

Answer — My name is Charles Anderson; age, twenty-five years.

167

Q. — Where were 3'ou on the sixth diiy of September, A. D. eighteen
litiiitlrc'l and seventy-one?

A. — I was in iloUislev, Monterey County.

Q. — State whether or not yon voted in lloUister Precinct, Monterey
County, on that day?

A. — Yes, sir.

A. — Can you re.id and write in the English language?

[Objected to.]

A.— A little.

Q. — At the general election held on the sixth day of September, A. D.
eighteen hundred and seventy-one, did you or did you not vote for a
person as Senator of the Sixth Senatorial District, composed of the
Counties of Monterey and Santa Cruz, in said State?

[Objected to.]

A. — Yes, sir.

Q. — For whom did you so vote?

[Objected to on the grounds that it is requiring the witness to reveal
the character of his ballot and for whom he voted — a fact which must
be established bj^ testimony other than by the voter himself.]

A. — I voted for Beck.

Respondent now moves to strike out the testimony of the witness,
Anderson, and waiving nothing, proceeds to ask said Anderson the fol-
lowing questions:

CROSS EXAMINATION.

Q. — Did you not vote the Republican ticket at said election?

A. — Yes, I did.

Q. — Did you not vote the whole Republican ticket, including the can-
didate for Senator?

A. — No, sir.

Q. — Have you not said you did not vote for Beck?

[Objected to.]

A. — Yes; I believe I did say so yesterday; I don't know; I believe I
did.

Q. — How is it you said on yesterday you did not vote for Beck, and
now say you did?

A. — Well, a man sworn to tell the truth has got to do it.

Q. — Who prepared your ticket on election day?

A. — I did it myself.

Q. — Was there any names scratched on the ticket you voted?

[Objected to.]

A. — Yes, sir; I scratched one.

Q. — Was there any name substituted for that one?

A. — Yes; I ])ut down one.

Q. — Whose name was scratched?

A.— Flint's.

Q. — How long have 3'ou been a resident of the State of California?

A. — Three years continuously.

Q. — How long have you been a resident of Hollister Precinct, Mon-
tere}' County?

A. — Two years continuously^.

Q. — Are you a citizen of the United States, and was you a citizen
when you came to Hollister Precinct?

[Objected to as immaterial and secondary.]

168

A. — Yes, sir.

Q. — Had you voted at elections preceding the sixth of September,
eighteen hundred and seventy-one?

A. — Yes; I voted once before.

Q. — Did you procure your name to be registered in the County of
Monterej- and if so, by what oflScer?

[Objected to as immaterial and secondary.]

A. — Yes, sir, I did; by Mr. Maloney; he was the man that took my
name; Mr. Hayes said he would look and see, and I asked him, and he
said yes, I was registered.

Q. — What Mr. Hayes do you refer to?

[Objected to.]

A. — Mr. Haj'es, the now member of the Assembly.

Q. — How long was this prior to the election?

A. — It was about a month or six weeks before election.

Q. — Did Mr. Haj^es go out to see you?

A. — I don't think he did; I believe I saw him in town.

Q. — Mr. Haj-es was then acting as Deputy Clerk, was he not?

[Objected to.]

A. — I don't know; I think he was.

Q. — Then Mr. Haj'es, at your request, examined or informed j'ou that
he had examined and found your name registered, and that you could
vote?

[Objected to as leading, immaterial, and irrelevant.]

A. — Yes; I asked him if I was registered and he said yes.

Q. — There was no objection on the part of any one to your voting on
election day?

[Objected to as leading and immaterial.]

A. — No, sir.

RE-DIRECT EXAMINATION.

By Contestant — State whether you have resided in any other county of
the State of California; if yea, what county?

A. — Yes, sir; in Santa Clara County. ,

Q. — State whether you removed from Monterey County to Santa Clara
County?

A. — No, sir; I moved from Santa Clara County to this county.

Q. — Where w^ere you born?

A. — In Germany.

Q. — At what age did jon arrive in the United States?

A. — Fifteen years old.

Q. — State whether or not 3'our parents came with j'ou from Germany
when you removed to the United States?

A. — No, sir.

RE-CROSS EXAMINATION.

By Mr. Craig — In what Court was you naturalized?

[Objected to as leading and secondary.]

A. — In the Third District Court, Santa Clara County.

Q. — Have 3'ou j-our naturalization papers?

[Objected to as immaterial, irrelevant, and secondary.]

A. — Yes, sir.

Kespoiident offers the naturalization papers of the witness, issued out

1G9

of the Third District Court of the State of California in and for the
County of Santa Clara.

To wiiich otter contestant makes no objection, but demands that such
papers, if any exist, shall be made an exhibit.

Q. — Your name, I understand you to say, is not Charles Anderson, but
Charlie Anderson?

[Objected to as leading and immaterial.]

A. — My name is Charlie Anderson.

Q. — How do 3'ou spell it?

A. — Cadea Anderen.

Q. — Tlien j'our name is Cadea Anderen?

[Objected to as immaterial.]

A. — Yes, sir; in my own language.

Q. — I understood j'ou to say, in your examination in chief, that you
could read and write English, now can you tell us how the word Flint
is spelled in English?

A. — Fealen.

Q.-^Could you tell us how Beck is spelled?

[Objected to as immaterial.]

A. — I don't think I can spell it right.

Q. — Then j^ou don't know how the name of Beck is spelled?

[Objected to as immaterial.]

A. — I know it when I see it.

Q. — But you don't know how it is spelled?

[Objected to as leading and immaterial.]

A. — I don't know if I can spell it proper.

Q. — Then not knowing hcs^v to sjJell the name you would not know
how to write it, would you?

[Objected to as leading and immaterial.]

A. — Yes, sir; when I see a man's name I can write it down,

Q. — You could not write without seeing it?

A. — Yes, I could wa-ite it, but there might be some that would not
understand it.

Q. — And you say the ticket you voted was the Eepublican ticket.

A. — Yes, sir; I do.

C. ANDERSON.

On motion of contestant's counsel, and for good cause shown, the
further taking of depositions is continued until the thirteenth day of
January, eighteen hundred and seventy-two, between the hours of ten
o'clock A. M. and six o'clock p. m.

January 13th, 1872.

TESTIMONY OF HENEY RILEY.

Henry Riley being offered as a witness by contestant, respondent
objects to said Henry Riley being sworn or examined as a witness herein,
for the reason that respondent had no notice whatever of the taking- of
his deposition, the name of said Henry Riley not appearing in the notice,
and no notice whatever having been given to the respondent of his

170

examination until called upon to bo sworn; and furthei', that the pro-
ceedings herein are irregular and not authorized by law.

Henry Eiley, being first duly sworn to testify to the truth, the whole
truth, and nothing but the truth in relation to the matter of the above
entitled contest, deposes and says:

Question — State j'our name, age, and occupation?

Answer — My name is Henry liiley; age, thirty-six years; occupation,
farmer.

The further taking of testimony, by consent of the parties, is contin-
ued until Monday, the fifteenth day of January, and the witness Ililey is
directed to be present before the Justice on said day, at nine o'clock a. m.

January 15th, 1872.
TESTIMONY OF HENEY EILEl^ EESUMED.

Question — Where were you on the sixth day of September, A. D,
eighteen hundred and seventy-one?

[Objected to as immaterial.]

Answer — I was at home, at my house in Santa Eita Precinct, in this
county, I think, until the evening, when I Avent to vote.

Q. — State whether or not you voted in said. Santa Eita Precinct at the
general election held on said sixth da}' of September, A. D. eighteen hun-
dred and seventy-one, for the office of State Senator of the Sixth Sena-
torial District, composed of the Counties of Monterey and Santa Cruz?

[This question is objected to upon the grounds that it is leading, in-
competent, and secondar}'; it is requiring the witness to divulge the
character of his ballot, and is something that should be established, if
established at all, by testimony other than by the person himself; and
no freeman should be placed under the lash and spur of tnis modern-day
Inquisition, and be compelled to divulge that which to him is a secret
privilege, and so recognized by our entire sj'stem and framework of gov-
ernment, and has always been so recognized, and ever ought to be; and
the tribunal before which these proceedings shall come should treat it
as a secret privilege belonging to the witness, and the testimony should
be wholly disregarded.]

A. — I voted the Democratic ticket, all excejit three gentlemen, who
belonged to the Eepublican party.

Q. — State whether either of said three Eepublican gentlemen was a
candidate for the office of State Senator of said Sixth Senatorial District
of the State of California?

[Same ol)jcction as to last question.]

A. — I don't suppose they were candidates for State Senator.

Q. — For whom did you vote to discharge the duties of said office of
Senator?

[Same objection as made to the third interrogator}^ propounded to this
witness, with this additional objection: that the question is unintelli-
gible.]

A. — I voted for Mr. Beck.

171

Ecspondent now moves to strike out this testimony, iipon the grounds
set I'ortli in this deposition before the witness was sworn and tlie ohjee-
tions ma<le in the body of the deposition; and ui)on tiic grounds, partic-
uhu'ly, that the name of the witness is not in the notice to take deposi-
tions; and, ex])ressly waiving nothing, now proceeds to ask the witness
the following questions:

CROSS EXAMINATION.

Q. — How long have you been a resident of the State of California?

[Objected to as immaterial and irrelevant.]

A. — Over eight years continuously.

Q. — How long had you been a resident of ^NFontcrey County, Santa
Rita Precinct, iinmediately next preceding the sixth day of September,
A. D. eighteen hundretUand seventy-one?

[Objected to as immaterial and irrelevant.]

A. — Over two years continuously-.

Q. — Had you voted at former elections in said precinct and county?

[Objected to as immaterial and irrelevant.]

A. — I voted in Salinas Precinct, Monterey County, at former elec-
tions.

Q. — Did 3"ou not procure j'our name to be registered bj- prominent
Eepublicans, and did they not advise you that you was registered and
entitleil to vote?

[Objected to as immaterial, irrelevant, and not properly in cross exami-
nation.]

A. — The gentleman Avho first asked me why didn't I vote, I told him
I lost ni}' papers, but I hud a soldier's discharge from the United States
arm}', and he told me I was entitled to vote; his name was Mr. (iiUett;
he caused my discharge to be sent to Monterey, and told me that my
name was on the Great Register, and when I went to Salinas to vote, at
the time of the Salinas election, Mr. Eiker and another gentleman, I
don't know his name, proved that I was a citizen and entitled to vote;
it was before the Justice that they testified.

Q. — Mr. Eiker is a px-ominent Republican of this county, is he not?

[Objected to as immaterial and irrelevant.]

A. — I can't tell you; I don't know the gentleman's politics.

RE-EXAMINATION BY CONTESTANT.

Q. — State at what election you voted in Salinas Precinct?

A. — At the election for the removal of the county seat, in the year
A. D. eighteen hundred and seventy.

Q. — You state that you had lost your papers. What papers do j'ou
refer to?

[Objected to.]

A. — My citizen papers; 1 presented them in other counties and they
let me vote.

Q. — State whether or not you have found the papers you call your
citizen paper since you. informed the gentleman that 3'ou had lost them.

[Objected to by respondent.]

A. — I found them and told the gentleman I had found them.

Q. — Where are those papers now?

A. — I have got them in my possession, I expect.

Contestant now offers in testimony the original paper called a citizen

172

paper, which contestant claims is simply a declaration of witness' inten-
tion to become in the future a citizen of the United States

Witness refuses to permit said papers to be attaclied to his deposition
as an exhibit thereto.

By Respondent — The attorney, Mr. Heath, has endeavored by the fore-
going question to get possession of paj)ers and documents, tlie private
property of the witness, and to give their purj^ort, and completed the
foregoing paragraph, if paragraph it can be termed, from line eight to
line seventeen, both inclusive, without either the witness or respondent's
attorney being able or permitted to interpose, except that which is con-
tained in the ninth line, which alone was uttered by the witness.

Q. — Will you now furnish to the officer taking this deposition the
paper or papers you denominate citizen papers, to be attached to this
deposition as an exhibit or exhibits?

A. — If I am compelled b}^ law to do it, I will do it; if not, I will not.

Q. — When 3^ou received the document or documents you call citizen
papers were there any witnesses examined? If yea, how many?

[This question is wholly incompetent; besides, all these questions pro-
pounded by contestant in regard to the citizen papers are in cross exami-
nation of his own witness, not being responsive to any question asked
the witness by respondent, and is objected to.]

A. — If I recollect, there was not any.

Q. — State whether or not Mr. Giliett administered to you an oath
when he took your discharge as a soldier for the purpose of placing
your name upon the Great Eegister?

A. — Mr. GiUett did not administer any oath.

Q. — State whether or not au}^ Clerk of the County of Monterey, or
Deputy Clerk, Assessor, or Deputy Assessor, or Justice of the Peace,
ever administered an oath to you Avhereby you was required to swear as
to your nan\e, age, residence, and place of nativitj^, for the purpose of
causing your name to be placed or of placing the same upon the Great
Eegister?

[Objected to by respondent as immaterial.]

A. — I never took an oath to get my name on.

Q. — State the j^lace of j^our nativity?

A. — I was born in Ireland.

HENEY EILEY.

The further taking of depositions is continued until the sixteenth
day of January, eighteen hundred and seventy-two, between the hours
of nine o'clock A. M. and six o'clock p. m.

January IGth, 1872.
TESTIMONY OF A. HEATH.

Contestant now offers A. Heath for examination.

Eespondent objects to A. Heath being sworn or examined, upon the
grounds that no notice whatever was given to the respondent for the
taking of his deposition in this County of Monterey; that these pro-
ceedings are irregular and not authorized by law, and the testimony is
now being taken after said cause Avas set for trial before the Senate, and
that said Heath is attorney for contestant.

173

The saiil A. Heath, bcini:^ first duly sworn to testify to the truth, the
wliolc truth, and nolhinij l)Ut the trutli, in relation to the mutter of the
above entitled eontest, deposes tuid says:

Question — State j'our name, age, residence, and occupation?

Answer — .My name, Albert Heath; age, near forty-six; an attorney;
reside in Santa Cruz, California.

The further takini^ of depositions is continued until the seventeenth
day of January, eighteen hundred and seventy-two, at ten o'clock a. m.

January 17th, 1872.
TESTIMONY OF A. HEATH EESUMED.

Question — State if you know what diligence has been used by con-
testant to procure the attendance of witnesses at the taking of dejDosi-
tions in this eontest?

By Respondent — This question is propounded by A. Heath to himself,
to be answered by himself; he is a voluntary witness on the stand, his
name not contained in the notice, and his testimony should be disre-
garded. It is therefore objected to.

Answer — 1. as contestant's counsel, procured subpoenas, to be issued for
witnesses to be in attendance here on the eighth day of January, some
days before the eighth. Since that time contestant has had several per-
sons engaged in summoning witnesses.

CROSS EXAMINATION.

Q. — Then the contestant himself has used no diligence nor taken any
part in the matter of procuring witnesses, but only yourself who pre-
tends to have used this diligence?

A. — The contestant has retained me as his attorney, and has jirovided
money with which to secure the attendance of witnesses, pay officers,
and suggested to me names of witnesses; also informed me that he had
been called awaj^ from here and necessarilj^ could not be in attendance
at the taking of depositions.

Q. — Then the contestant left all matters, other than those enumerated
by you, to be conducted and managed by you?

A. — Yes, except I have received from him letters and instructions
through a third party, as to the taking of the depositions.

Q. — \yho was that third party?

A. — I shall refuse to give his name, as all matters of conversation
related to the contestant's business connected with the above contest,
and as an attorney I should not divulge the same nor the name of my
informant.

, Q. — I did not ask jou. to divulge any secrets or information you had
received through the messenger or informant, and would not assume for
a moment to do so, but I only asked you the name that I might know
whether it was an underground system, or a bold, free, frank, manly,
business like system of communication, and who the gentleman was; and
now I ask J'ou. was he an attorney at law or not?

A. — It was a bold, manly, and business-like system of communication.

174

I cannot say wliother he was an attorney at law or not, that is to say,
whether he was ever admitted to practice law, and shall not state the
gentleman's name.

Q. — Then, if it was a bold, manly, and business-like transaction, why,
sir, do you refuse to give me his name?

A. — Because I do not know, nor do I believe, that the gentleman is
employed by contestant in any capacitj' whatever, either as an attorney
or as a business man; therefore I think he might be compelled under his
oath to state the substance of contestant's verbal statements or instruc-
tions to me.

Q. — Then 3'ou have assumed on former occasions in the taking of these
depositions to dictate to John AV. Whitnc}', the officer before whom these
dei^ositions are now being taken, whose only power is to administer an
oath to the witness and certify to his deposition when taken, that wit-
nesses who refuse to divulge a secret privilege should by him be com-
pelled to divulge it, and have gone so far on one or more occasions in
the taking of these depositions as to spread an order of your own dicta-
tion upon the records requiring and seeking to compel them to testify
and divulge, and now refuse to testify to a fact which is, as you say,
within your own knowledge?

A. — 1 have not assumed to dictate to John^AV. Whitney, the officer, in
any respect, nor, as I believed and now believe, have 1 asked any wit-
ness a question which would require an answer divulging any secret
privilege whatever. I have suggested the forms once or twice of an
order or orders, but have not dictated to said Justice any order what-
ever.

Q. — Have 3'^ou not repeatedly, during the taking of these dejiositions,
asked gentlemen who were placed ujjon the witness stand, 25i"o<-'ured
to be brought here by your own process against their will, to divulge the
contents and piirport of the ballot which the}^ as free and independent
men and citizens of this State and nation folded up on election day and
dropped into the ballot box as the law directs, and when they refuse to
say as much to you as to divulge that secret privilege which might or
might not seriously aftect the individual who you forc6d on the stand,
3'ou dictated an order and endeavored to get Squire Whitney to compel
them to divulge and make the exjjosition, or intiict upon them fine or
imjjrisonment or both?

A. — I have asked every witness whom I have procured to be placed
upon the stand whom I believe to be an illegal voter, how they voted for
Senator for the Sixth Senatorial District of the State of California, and
have, when a witness refused to answer, moved Justice Whitney to com-
pel such witness or witnesses to answer, but have not dictated to him a
single order that he has made during the taking of those dei:)ositious, nor
would he permit me so to do.

Q. — You, then, seem to set yourself up as a judge of whether gentle-
men are legal or illegal voters, and upon that you are assuming to act?

A. — No, sir.

Q. — Now, sir, recognizing and knowing beyond any question that the
-.only power vested in this tribunal is to administer oaths to witnesses and
certify to depositions when taken, without which authority he could not
act in the i^remises, and that any other officer authorized to administer
an oath could act in the same office if the notices had have been so directed,
i cannot compel ^'ou to do so, and would not assume to do so and place
my name in such a position upon the records, but I now ask you who the

175

gentlemen were, and in what capacitj'- tbej^ acted, who you say you pro-
cureil to be sent utter witnesses?

A. — I recognize the power of Justice Whitney to compel the answer
to the last question, an(l if I refuse to answer to punish me for contempt;
therefore I will proceed to answer; before the eiglith of January, Joseph
N. Dunnini;-; since the eighth of January, R. 11. Mcllroy, J. N. Dunning,
Simon P. Jireen, and M. CI. Elmore; none of whom, except Joseph N.
Punning, is an otiicer authorized to certify to the service of subpoenas;
Josc]di 2^. Dunning is a Deputy Sheritf as well as Constable.

Q. — Is Ji. II. Mcllroy tbe same Mcllroy sworn as a witness, and
whose deposition was taken herein, since the commencement of these
depositions?

A. — Yes; and I, as contestant's counsel, hired him to serve subpoenas.

Q. — Are you not aware that there are three or four Sheritts, Under
Sheritfs, and deputies in this county; and are you not now aware, and
were you not aware of the fact soon after commencing to take those
depositions, that gentlemen at home pursuing their legitimate avoca-
tions would not and did not yield obedience to your so-called process or
subpoena-8 served by those other than otRcers of the county; and are
you not aware that a large number of the so-called subpoenas which you
issued, or caused to be issued, requiring witnesses to attend, had no date
whatever tixed in the body of them for their attendance?

A. — First, Yes; at least three; second, No; but I do know that wit-
nesses subpoenaed by other than the officers of this county have already
attended and testified; tliird, I do not; but will answer that I issued no
subpoenas myself; they were issued by Justice Whitney; and I believe
that two or three of them required the witnesses therein named should
ai)pear before Justice Whitnc}' forthwith; every subiJoena-that I saw had
upon it the date of its issuance.

A. HEATH.

TESTIMONY OF H. STANLEY.

H. Stanley being offered as a witness by contestant, respondent ob-
jects to H. Stanley being sworn as a witness, for the reason that the
notice to take these depositions is insufficient, and the jiroceedings
herein are illegal, and are not conducted in accordance with the notice
or the law.

II. Stanley, being first duly sworn to testify to the truth, the whole
truth, and nothing but the truth, in relation to the mutter of the above
entitled contest, deposes and says:

Question — What is your name, age, residence, and occupation?

Answer — My name is Horatio Stanley; age, thirty-eight; residence,
N<itividad, Monterey County; occupation, farmer.

Q. — State whether you voted at the general election held in the State
of California on the sixth day of Septembei', A. D. eighteen hundred
and seventy-one?

[Objected to as incompetent and secondary; the law provides a record
of those who voted.]

A. — Yes, sir."

176

Q._Ayhere?

[Objected to.]

A. — At Ntitividad, Monterey County, State of California.

Q. — State whether or not you at that election voted for any person as
Senator of the State of California in and for the Sixth Senatorial Dis-
trict of said State, composed of the Counties of Monterey and Santa
Cruz?

[Objected to as incompetent, requiring the witness to reveal that
which is his own secret privilege.]

A. — I suppose I did if there was any Senator on the ticket.

Q. — To what political organization, if any, do you belong?

A. — I am a Democrat.

Q. — Who prepared the ticket or ballot which you cast at said election?

[This question is objected to; it is impertinent, the business of the
elector, and no other man's business.]

A. — I prepared it myself.

Q. — State the kind of ticket you voted; whether printed or written?

[Same objection as made to the last question.]

A. — Printed.

Q. — State whether or not there was a name or any names printed
upon your ticket that you erased and interlined with the name of a
candidate running for the same office?

A. — Not that I recollect; I don't recollect.

Q. — Were there any written names on your ticket?

A.— No, sir.

Q. — For whom did you vote as State Senator of this the Sixth Sena-
torial District of the State of California?

[Objected , to as incompetent, irrelevant, secondary, and not the best
evidence; it is requiring this witness, who is I'orced here in obedience
to a pretended process, without even the color of authority, to testify
and reveal the character o.f his ballot and for whom he voted, which is
his most secret privilege.]

A. — I voted a straiglit Democratic ticket. No written name on it.

Eesi^ondent moves to strike out all the deposition of this witness,
and waiving nothing asks the following questions:

CROSS EXAMINATION.

Q. — Please state how long you had been a resident of the State of
California immediately next preceeding the sixth day of September,
A. D. eighteen'hundred and seventy-one?

[Objected to as immaterial and irrelevant.]

A. — About twenty-one years continuously.

Q. — Please state how long you had been a resident of said Natividad
Precinct, Monterey County, immediately next preceding said sixth day
of September, eighteen hundred and seventy-one?

[Objected to as immaterial and irrelevant.]

A. — About two years and a half continuously.

Q- — Are you a citizen of the United States, and if 3'ea, are you native
or foreign born?

[Objected to as immaterial and irrelevant.]

A. — I am a native born citizen; was born in the State of Ohio.

Q. — Had you voted at former elections in the County of Monterey?

[Objected to as immaterial and irrelevant.]

A. — No, sir; I had not.

Q.— AVliat, if anj'thing, did you do, and what investigations did you
make, to ])roeure your name to be registered and enrolle<l in aceonlanco
witii the Election Law of the State, and to ascertain if you were re'ni-
larly and properly registered and enrolled? '^

[Objected to as immaterial and irrelevant.]

A. — I went to Mr. IIouclc, about four or five weeks before election, as
near as I can recollect, and told him T wanted to get registered;' he
asked me if my name was on the Great Register; I told him no, that I
had never been registered in»the State of California; he took my name,
or swore me in and took my name, and said, he would send it to Mon-
terey; he swore me as to my name, age, place of nativity, and that I
was not registered in any other county in this State; he (llouek) then
procured my name to be enrolled on the poll list at Natividad Precinct.
^ Q. — Do you know whether Mr. Houek was acting in the capacity of
Clerk, Dcput}^ Clerk, or Deputy Assessor?

[Objected to as immaterial and irrelevant, secondary, and not proper
ci'oss examination.]

A. — No, sir; I do not know.

Q. — There was no objection made on the daj^ of election, or at any
other time, by the Election Board, or any citizen or person, to your
exercising the privilege of voting?

[Objected to as leading and not in cross examination of witness upon
any question asked him by contestant.]

A. — I did not hoar anj^, and the Board of Election received my ballot.

Q--;-You state you had been a resident of said precinct about two and
a half years — is it not a fact that you were well and intimately known
by a large number of the people of said precinct and the Election Board,
and is it not a fact that you were and had been superiivtending and man-
aging one of the principal stock growing and grazing ranchos of that
section of the count.y?

[Oljeeted to as immaterial, irrelevant, and leading, and in accordance
with the custom of the counsel for respondent to dictate to the witness
the answer that he desired the witness to give.]

A. — Yes, sir; I was well known by the Board of Election and a large
number of the people of the precinct, and I had no ranch in charge.

Q.-— I understand you to state, in answer to questions propounded to
3^ou in chief, that, as a fact, you do not know whether tlie name of
Thomas Beck, the respondent, was upon the ticket you voted or not?

[Objected to upon the same grounds as stated in the preceding ques-
tion.]

A.— Yes, sir; I do know it. HOEATIO STANLEY.

The further taking of testimony is continued until the eighteenth day
of January, eighteen hundred and seventy-two, at ten o'clock A. M.

January 18th, 1872.

TESTIMONY OF LEWIS E. McKAY.

Lewis E. McKay is offered now as a. witness by contestant.
Eespondent now, before said witness is sworn, objects to his bcin^

178

sworn or examined as a witness, upon tlie ground tliat no notice what-
ever was given ibr iLie taking of his deposition; that these proceedings
are not authorized by haw, nor has an}^ authority been given for the
same by the tribunal in which the proceedings are pending.

Lewis E. McKay, being first duly sworn to testify the truth, the
whole truth, and nothing but the ti-uth, in relation to the matter of the
above entitled contest, deposes and says:

•

Question — State your name and age?

Answer — My name is Lewis E. McKay; my age. twenty-six years.

(^. — Where were you on the sixth tiny of September, A. D. eighteen
hundred and sevent^'-one?

A. — In Castroville Precinct, Monterey County, State of California.

Q. — State what political party or organization, if any, you are con-
nected with?

[Objected to.]

A. — The Democratic jjarty.

Q. — State whether or not you voted at the general election held in
the State of California on the sixth day of September, A. D. eighteen
hundred and seventj^-one; and if yea, where?

[Objected to.]

A.— I did; at Castroville Precinct, Monterey County.

Q. — State whether or not you voted for any person fo*i' Senator of the
State of California, in and for the Sixth Senatorial District, composed
of the Counties of Monterey and Santa Cruz?

[Same objection made by respondent to the tenth interrogatory pro-
pounded to Horatio Stanley. See Stanlej^'s deposition.]

A.— I did.

Q. — For whom did you so vote?

[Same objection made by re82)ondent to the tenth interrogatory pro-
pounded to Horatio Stanle}'. See' Stanley's deposition.]

A.— For Thomas Beck.

Respondent now moves to strike out all the testimj^ny of the witness
McKa}', upon the grounds, first, in his deposition aforesaid and the objec-
tions therein made; and further, that it does not appear, and has not
been made to appear, that the witness had not the right to vote, or that
his vote was illegal; but, on the contrar}^. it does appear prima facie
that he had the right to vote. And now, waiving nothing and recog-
nizing none of these proceedings as having the least color of authorit}'',
respondent proceeds to ask the witness, Mr. McKay, the following
questions;

CROSS EXAMINATION.

Q. — How long had you been a resident of the State of Califoi-nia
immediately next preceding the sixth day of September, A. D. eighteen
hundred and seventj^-one?

[Objected to as immaterial, irrelevant, and incompetent.]

A. — Seven years, hickiug six da3's, continuously.

Q. — How long had you been a resident of said Castroville Precinct
: immediately next preceding the sixth day of September, A. D. eighteen
hundred and seventy-one?

[Objected to as inunaterial, irrelevant, and incompetent.]

A. — About seven months and a half continuously.

179

Q. — Arfi yon a pitizon of the TTnitnd Stnte«, and were you, on said
election clay; ana if ycu, are 3'ou native or Ibrciifn born?

[Ohjectcd to as immaterial and incompetent.]

A. — 1 am and was; 1 am native Ijorn; was born in tlie State of Illinois.

Q. — And 1 understand you to say you are twenty-six yi^ars of age?

A. — I am.

Q. — Had you been a voter in said ^[onteroy County, and had yoa
A'oted at former elections in said county; and if 3'ea, at what elections
and in what precincts?

[Objected to as incompetent, immaterial, and irrelevant'.]

A. — I had been a voter and voted at the Presitlcntial election in Mon-
terey Precinct, Monterey County, in eighteen hundred and sixty-eight.

Q. — Did 3'ou not, after being registered and after having voted at the
Presidential election, cause your name to be transferred from the poll
list of Monterey Precinct to the poll list of Salinas Precinct?

[Objected to as incompetent, irrelevant, and immaterial, and upon the
further ground that, as heretofore has been the custom of attorney for
respondent, he now desires to direct the witness how he shall make
answer to the question propounded.]

A.— I did.

Q. — Did j'ou not afterwards, and prior to the election held on the sixth
day of September, eighteen- hundred and seventy-one, apply to the Clerk
of the Board of liegistration of Castroville Precinct, at which you say
you voted, to procure your transfer from said Salinas Precinct to said
Castroville Precinct, and did he not, in pursuance of your z-equest, pro-
cure your transfer and enroll you upon the said Castroville poll list?

[Objected to as leading, incompetent, and not properly in cross exami-
nation of witness.]

A.— I did.

Counsel for respondent. Beck, now exhibits to witness the printed poll
list of the said Count}' of Monterey for the year eighteen hundred and
seventy-one, containing those legally qualified to vote at the general
election to be held on the sixth day of September, eighteen hundred and
seventy-one, as appears by recital therein, pursuant to the provisions
of the Ilegistry Act, and asks the witness this question:

Q. — Do you find your name upon that printed and certified poll list;
and if yea, what precinct has the Clerk therein certified you to be a resi-
dent of?

[Objected to as leading, immaterial, incompetent, secondary, and not
properly in cross examination of the witness.]

A. — 1 find it all right but one letter in the surname, that is " e " should
be "a;" certified to for Salinas Precinct, where my name formerly was,
but I had it transferred to Castroville.

Q. — Pleas.e examine that printed poll list which you now hold in your
hand, and from the examination of which you have answered the last
preceding question, and give us the date thereof and the caption?

[Objected to upon the same grounds of objection as in the preceding
question.]

. A. — The printed poll list which I hold in my hands, and on which I
find my name registered, and as domiciled Salinas, has the following
caption thereon;

POLL LIST.

Containing the names and enrollment of all persons residing in Salinas
Precinct, in\ho County of Monterey, legally' qualified to vote at the

180

general election to be held on the sixtli da^^ of September, eighteen hun-
dred and seventy-one, enrolled and niadi3 out j)urisuunt to the provisions
of the Eegistry Act.

Q. — I understand, then, that 3'our name is Lewis Evans McKa}^ and
they have given your name upon the printed poll list as Lewis Evans
McKey, the only real difference being they have, through mistake, sub-
stituted the " e " for the " a " in the surname?

[Objected to upon the same grounds as is contained in the objection
to the eighth question, and also upon the further gro'und that the sub-
stance of the same question has already been answered at least three
times by the witness, and that it is apparent from these several repeti-
tions that respondent only desires to consume time, thereb}^ preventing
the examination of all of contestant's witnesses before the twenty-eighth
day of January, A. D. eighteen hundred and seventy -two.]

By Respondent — See Colonel Heath's testim^ri}-, who swears he cannot
get the witnesses here, notwithstanding his diligence.

A. — Yes, sir, that is the only difference.

LEWIS E. McKAT.

TESTIMONY OF J. BANDY.

J. Bandy is now offered as a witness by contestant.

Eesj^ondent now objects, before said Bandy is sworn, to hia_ being
sworn or examined as a witness, upon the same grounds contained in
the objection made to the witness L. E. McKay being sworn or examined.
(See McKay's deposition.)

J. Bandy, being first duly sworn to testify the truth, the whole truth,
and nothing but the truth, in relation to the matter of the above entitled
contest, deposes and says:

Question — State your name and agf>?

Answer — My nwrnQ is Jesse Asbury Bandy; my age, thirty-eight
years.

Q. — State whether or not you voted at the general election held on
the sixth day of September, A. D. eighteen hundred and seventy-one;
if yes, state where?

[Objected to. J

A. — Yes, sir; I voted at Peach Tree Precinct, Monterey County..

Q. — State what political party or organization, if au}^, you are con-
nected with?

[Objected to.]

A. — I am a Democrat.

Q- — Did you vote at that election a written or printed ticket?

[Objected to upon the same grounds contained in the objection to the
■\enth interrogatory propounded to Horatio Stanley.]

A. — I voted a printed ticket, with some writing on it.

Q. — AVho wrote upon your ticket?

[Objected to upon the same grounds contained in the objection to the
tenth interrogatory of Stanley's deposition.]

A. — I don't know who wrote on it; I found one that suited me.

181

Q. — Can you roiul and u rite?

[This question is olijeete<l to upon the ground that it is immaterial
and, at tlie same tinie, inipcrtinent, bringing a witness here, witliout tlie
color of autiiority to do so, seeiving to eomjjel the witness to testify
against liiinself, or, to say the least of it, to expose or divulge that
Mhicdi, to the witness, is his own secret privilege tuid private concern,
and indirectly offering an insult to his own witness.]

A. — Yes, sir.

Q. — Did you read the names that were Avritten and printed upon that
ticket?

[Ohjected to as immaterial, the business of the witness, and no other
man's business.]

A. — Yes, sir.

Q. — Then you know, do you, for what officers j^ou voted that day?

[Objected to as seeking to cross examine his own witness, and to
maintain and su])port the objections hei'etofore made.]

A. — I know some of them; at least I couldn't call all their names now.

Q. — State whether you voted a Ilepublican or Democratic ticket?

[Objected to.]

A. — I voted a Democratic ticket.

Q. — State whether or not your ticket contained the names of persons
to be voted for for all offices that were that day to be elected in the
State of California?

[Objected to upon the same grounds contained in the objections to the
tenth interrogator}' propounded to Horatio Stanley.]

A. — I could not be 230siti.ve; I sui)])ose it did.

Q. — iFor whom did 3'ou vote on that day as Senator for this district?

[Objected to upon the same grounds contained in the objection to the
tenth interrogatory propounded to Horatio Stanley, and upon the
ground that it nowhere appears that the witness knows who he voted
for for the office of Senator, and if he did, it should be established by
testimony other than by the witness.]

A. — I believe I answered that question once; I voted a Democratic
ticket.

(^. — For whom did yoti vote on that day as Senator for this district?

A. — I voted for Thomas Beck.

Respondent now moves to strike out all the testimony of the witness,
Band}', upon the grounds of the objections in his deposition first afore-
saitl; and also, for the same reason, to strike out McKay's deposition —
and waiving nothing, now proceeds to ask the witness, Mr. Bandy, the
following questions:

CROSS EXAMINATION.

By Respondeni — Did not A. Heath, who appears as an attorney, and
who propounded to you the foregoing interrogatories, say to you while
on the witness stand, and immediatel}' after propounding the twelfth
interrogatory of this deposition, and before the same was answered,
that unless you answered that question you would be held until W. M.
11. Farker, the County Clerk, should reach here?

[Objected to as immaterial, irrelevant, leading, and an improper mode
of cross examining the witness.]

A. — Yes, sir. •

Q. — How far is it to your place of residence?

A. — I think it is all of a hundred miles.

182

Q. — Have you a wife and childrcu?

[Objected to as immaterial and irrelevant, and not a proper cross ex-
amination of tlie witness.]

A. — No, sir.

Q. — What is your occupation?

A. — I am a farmer, and have some stock.

Q. — Is it not a fact that the intimation of contestant's counsel, that
you would be detained here until Parker should come, and thereby hold-
ing said Parker in terrorem over you, and your remoteness from home,
induced or rather compelled you to testify or state the contents of your
ballot?

[Objected to as leading, immaterial, irrelevant, and not j^roperly a
cross examination of witness.]

A. — When I am away from home there is nobody there, and I am
anxious to get home.

Q. — How long had you been a resident of the State of California im-
mediately next preceding the sixth day of September, eighteen hundred
and seventy-one?

[Objected to as immaterial and irrelevant.]

A. — About two j^ears continuously.

Q. — How long had you been a resident of said Peach Tree Precinct,
Monterey Count}^, immediately preceding the sixth day of September,
A. D. eighteen hundred and seventy -one?

[Objected to as immaterial and irrelevant.]

A. — Not quite two years; I went there in November, eighteen hun-
dred and sixty-nine; I lived there continuousl-y up to the election.

Q. — Was you a citizen of the United States at the time of said elec-
tion; and are you native or foreign born?

[Objected to as immaterial, irrelevant, and secondary.]

A. — Yes, sir. I am native born; I was born in the State of Ten-
nessee.

Q. — Are you not well known, and was you not well known said day
of election, to the people of said election district, having lived there for
two years, and was you not regularly enrolled on your poll list, aiid was
there any objection made by any person, to your voting?

[Objected to as leading, irrelevant, immaterial, and not properly in
cross examination of witness.]

A. — I am pretty well acquainted with the most of them; I was regu-
larly enrolled; no person that I heard of objected to my voting.

RE-DIRECT EXAMINATION.

By Contestant — Did not A. Craig, Esq., counsel for respondent, in j^res-
ence of Justice Whitney and others, and before A. Heath, say to j'ou
that if you declined to answer said twelfth question, he (said Heath)
would be compelled to ask said Justice Whitney to suspend yo\\\: exami-
nation until the arrival of Mr. Parker, saying: '-If I was in your place
I should decline to answer that question," or words to that effect?

By Respondent — The first subdivision of this question seems to iiriply
that res]Jondent's counsel stated that if the witness refuse to answer,
that he (the witness) would be held until the arrival of Parker. If that
is the answer intended to be elicited, it is lyitrue.

A. — I understood him to say I need not, if I was not of mind to; I
understood Heath to say I would have to be detained until Parker

JESSE ASBUE.Y BANDY.

183

TESTIMONY OF R. II. McILROY.

J{. II. McIlroy is now again ofTered as a witness by contestant to
testily.

This witness Mellroy has been oneo examined by tlie contestant, and
his testimony closed. His name was not contained in the notice. Con-
testant seems to use, or attempts to use, the said witness McIlroy as a
"witness in his behalf, without any authority, notice, or commission as to
them occasion seems to require, and respondent objects to his examina-
tion, and respectfully asks that the Senate Committee strike out the
testimony and disregard it. It certainly is an anomaly in proceedings
of this character.

Question — State whether or not you have been engaged in serving
subpoenas upon witnesses to appear before Justice Whitnej^, to be exam-
ined and their depositions taken by him in the above entitled contest?

[Objected to.]

Answer — I have.

Q. — State the names of such witness or witnesses?

[Objected to as secondary. If the witness had any authority to serve
subpoenas, or had any subpoenas jDlaced in his hands for service, his
returns upon the subpoena should give his authority, and the subpoena
itself should show the names of the witnesses, and it nowhere appears
that he is competent to serve, a subpoena, and it nowhere appears that
he is an officer, nor can it be made to so appear, and it nowhere appeal's
that he is a white male citizen of the United States.]

A. — A. J. Rader, Charles Imus, J. Bandy, Anderson, and Frank Hardin.

Q. — State whether you served said subpoena upon Frank Hardin?

[Same objection as to the last questipii.]

A. — I did not.

Q. — Wiiy did you not?

[Same objection.]

A. — Because I could not find him in this county.

Q. — In your examination taken in this proceeding on the tenth day of
January, A. D. eighteen hundred and seventy-two, in answer to the
fourth question then propounded to you by contestant, you state that
you did not see Mr. Hardin, or if you did you did not know him. Since
that time have you made inquiries of voters in Tres Pinos Precinct as to
the political reputation of said Frank Hardin on the sixth day of Sep-
tember, A. D. eighteen hundred and seventy-one?

By Respondent — This question is objected to. It relates to the former
testimony, or rather statement, not testimony, of McIlroy; cross examin-
ing his own witness. It is liearsa}^ testimony, obtained by an interested
party sent by contestant, fishing for said hearsay testimony.

A. — I believe I did say so, and have made inquiries since I testified
before.

Q. — State if you know where said Frank Hardin now is, and also the
sources of your information?

[Same objection as to last question.]

A. — I do not; some say he is in Santa Clara Count}- others say he is
in San Luis Obispo County.

Q. — What was the political reputation of said Frank Hardin on the
sixth day oi September, A. D. eighteen hundred and seventy-one?

[Same objection.]

A. — It was Democratic.

184

EesponcleBt moves to strike out, upon the same cc^ounds in the motion
to strike out L. E. McKay's deposition; (See McKa^y's deposition.)

Q. — Are you the same li. II. Mcllroy whose deposition was taken in
this case on the tenth instant?

A. — I am.

Q. — When did you come to San Juan on business connected with the
taking of these' depositions?

[Oiijected to as immaterial, irrelevant, and not j^roperly in cross
examination of the witness.]

A. — I came to San Juan on the evening of the seventh, being required
to aj^pear here at ten o'clock on the daj' of the eighth of Januar}'. The
distance being thirty miles, I could not get here by that time on the
eighth.

Q. — You have since that time been emj^loj^ed on the part of the con-
testant to subpoena and hunt up witnesses, have you not?

[Objected to as immaterial and irrelevant.]

A. — I have; to serve subpoenas on persons herein described, but not to
hunt up any witnesses other than those whose names appeared in said
subpoenas.

Q. — Who emploj'ed you in this behalf?

[Objected to as immaterial and irrelevant.]

A. — Colonel Heath.

Q. — Then you, not knowing the political sentiments of Frank Hardin,
and not even knowing him personall}', as stated by you in your former
declaration, all yon know of, about, or concerning him or his politics,
3'ou have learned from hearsay since you were out in the employ of the
contestant or Colonel Heath.

[Objected to as immaterial, irrelevant, leading, and not proper cross
examination.]

A. — From hearsay before and since.

Q. — Did 3'ou not state in your former declarations that you did not
know him or his politics?

A. — I did say, of my own knowledge, I did not know his politics.

Q- — Did you not state in substance that you did not lyiow his i^olitical
sentiments or reputation?

[Objected to.]

A. — Not of my own knowledge; I did not know his political senti-
ments; I so state now, I don't know his political sentiments.

Q- — Not knowing his political reputation of your own knowledge on
the tenth of January, eighteen hundred and seventy-two, and only
knowing what you have heard since in the employ of contestant, why
do you testify to his political sentiments or reputation as far back as
the sixth of September, eighteen hundred and seventy-one, as you did?

[Objected to.]

A. — Because I have been told that on that day he was requesting a
2'nan to vote the Democratic ticket, and the man said he did not like the
joarties that M-ere on the ticket; and he said there was but one better
man in the world than Haight and Tully, and that Avas Hardin.

Q. — When was this told you?

[Objected to.]

A. — On the eleventh, I think, of January, eighteen hundred and sev-
enty two.

Q- — Why did you not bring that man here, instead of testifying to
what he told you?

185

[Objected to as irrelevant, immaterial, and there is no foundation laid
for tiie question; it not ajtpearing that tlie witness, ^Ecliroy, had a sub-
pa'ua for such a person.]

A. — I was not employed so to do; not having- any subpa'ua to author-
ize me to do so.

Q. — Was he a Republican or a Democrat that told 30U so?

[Objected to]

A. — I don't know; I did not ask him.

Q. — In answer to one question asked you. you stated that 3'ou was in
the employ of contestant to subpa-na witnesses, but not to hunt them;
how is it 3'ou obtained the information you have given of Frank liar-
din's poliLics without inquiring for them?

[Objected to.]

A. — In inquiring after his whereabouts or his place of residence, the
people asked n\c for what 1 wanted him, and I told them I had a sub-
l^aMia for him, and they wanted to know in what case, and I told them
in the case of Beck and Flint, contesting election, and they voluntarily
told me these things without ni}^ inquiring them, and also stated that he
left this county immediately after the commencement of this suit for
contesting the election.

Q. — You stated in your examination that you had taken an active part
for and in the interest of the Republican party, did you not?

[Objected to as immaterial and irrelevant.]

A— I did.

Q. — AVas you an officer of aiiy kind on tlie eighth day of January,
eighteen hundred and seventy-two, have you been since, or are 3"ou now?

[Objected to.]

A. — I was not, have not been, nor am not now.

RE-I)IRECT EXAMINATION.

By Confestant. — Are you a person?

A.— I am. . E. H. McILROY.

The further taking of these depositions is continued until the nine-
teenth day of Jauuai-y, A. D. eighteen hundred and seventy-two, at ten

O cdock A. M.

January 19th, 1872.
TESTIMONY OF CHAELES A. IMUS.

Charles A. Inius is now. offered as a witness by contestant.

Ecspondent objects to said Imus being sworn, upon the same grounds
and for the same reasons contained in the objection heretofore made to
the witness, L. E. McKay, being sworn. (See McKay's deposition.)

Charles A. Imus being duly sworn to testify the truth, the whole
truth, and nothing but the truth, in relation to the matter of the above
entitled contest, deposes and says:

Question — AVhat is your name and age?
24

186

Ariswei' — My name is Charles A. Imus; my a^-e is forty-three years,
I thiuk; 1113^ reii,-ister was lost in ci-ossiiig the i)lains.

Q- — ^Where were you on the sixth day of September, A. D. eighteen
hundred and seventj'^-oue?

A. — Peach Ti-ee Precinct, Monterey County, California.

Q. — State whether or not you voted at the general election held on
the sixth day of September, A. D. eighteen hundred and seventy-one;
and if yea, in what precinct?

[Objected to.]

A. — I voted, and voted in Peach Tree Precinct.

Q- — To what political organization, if any, do you belong?

[Objected to.]

A. — I don't belong to anj' organization, but am a Democrat.

Q. — At the election held on said sixth day of Sejjtember, A. D. eigh-
teen hundred and seventy-one, state whether you voted for any ^^ersoa
as Senator in and for the Sixth Senatorial Dis'trict of the State of Cali-
fornia, composed of the Counties of Monterey and Santa Cruz?

[Objected to upon the same grounds contained in the objection made
to the tenth interrogatory propounded in Horatio Stanley's deposition.
See Stanlej^'s deposition.]

A.— I did.

Q. — For whom did you so vote?

[Same objection made as to the last question. See Stanley's deposition.
It is requiring the witness and voter to reveal the character of his bal-
lot, when it is within the power of the contestant to establish the nature
and character of the ballot by others than the voter himself.]

A. — I decline to answer the question.

Q. — Are you acquainted with Thomas Beck, the respondent?

A, — I am.

Q. — State to what party or political organization he belongs, if you
know?

A. — He is generally known as a Democrat, at least I know him as such.

Q. — Was he a can(.li4ate for any office within the State of Califoruia
during the year A. D. eighteen hundred and seventy-on^?

A. — He was.

Q. — For what office?

A. — For State Senator for the Counties of Monterey and Santa Cruz.

Q. — How many political party tickets were cast at the j)olls in the
Peach Tree Precinct on said sixth day of September, A. D. eighteen hun-
dred and seventy-one?

[Objected to as immaterial, incompetent, and irrelevant.]

A. — Two parties.

Q. — State the names of said parties?

A. — Democrat and Republican.

Q. — State whether or not you. voted a printed or written ticket?

[Objected to.]

A. — 1 voted a printed ticket with a written name upon it.

Q. — State whether you. can read and write?.

[Objected to as immaterial and irrelevant.]

A. — I can,

Q. — Who prepared your ticket before j^ou cast your ballot?

[Same objection.]

A. — I prepared it myself

Q. — State whether or not you voted at that election a party ticket?

187

[OI)jccted to upon the same grounds contained in the tenth iutcrroga-
toiy to Horatio Stanley.]

A. — I decline to answer.

Q. — Did you at that election vote for the candidates of the party to
which 3'ou have heretofore said you belonged?

[Same objections.]

A. — I decline.

Contestant now asks that the witness be required and compelled to
answer the question.

Judge Whitney tleeides that he cannot rule to enforce the order at the
present stage of the proceedings; there is no evidence brought out to
show that he is an illegal voter.

Q. — State whether or not the written names upon your ticket, placed
there, as you say, by yourself, were for township officers?

[Objected to. Same objection as above.]

A. — I decline to answer.

Contestant now asks that the witness be compelled to answer the
question.

I, Justice Whitney, require that the witness answer the question.

By Respondent — This, the Senate Committee will observe, are somewhat
singular proceedings; the power of this officer is to administer oaths to
witnesses and certify to dej^ositions when taken, having no judicial pow-
ers beyond that, no judicial power to adjudge or determine the legality
or illegality of the vote, or the competency or incompetency of the testi-
mony, and is therefore excepted to and objected to.

By Contestant — If the learned counsel for respondent is correct in his
opinion, that an officer who is authorized to take depositions has no
power to compel a witness to testify as to matters pertinent to the issues,
then the taking of depositions in any case whatever would be a mere .
farce, and the Senate Committee will now see, and probably determine,
that if the witness is a legal voter the question asked by contestant can-
not in any event show to the world the names of the persons for whom
he voted, and therefore does not impair his rights, if a legal voter, by
X'OmpelLng him to divulge the character of his vote or the secrets of his
ballot.

Justice Whitney orders that he, the witness Charles A. Imus, be fined
for contempt, in refusing to answer the question aforesaid, in the penalty
or sum of live dollars.

By Respondent — To the imposing of such fine, or any fine or penalty
whatever, respondent protests and objects, upon the ground, as repeat-
edly stated herein, that.no such power is vested in said Whitney to
impose the same, and respectful!}^ asks, where is his docket, his records,
upon which to enter his judgment, and from which to issue his execu-
tion for the same? Are the records before the Senate Committee of this
State to be the basis of an execution to seize the property of Charles A.
Imus or hold him in durance vile? and witness Imus protests and objects.

By Contestant — It appearing that the learned counsel for respondent is
untamiliar with proceedings of this kind, contestant suggests to him that
the Senate of the State of California, for which body Justice Whitney is
now taking testimony, has power to enforce answers to all legal and
pertinent questions, and to punish contumacious witnesses lor contempt.

The witness now pa^'s Ids tine (under protest) imposed by Justice
Whitney to said Whitney.

Q. — State what party ticket you voted at that election?

[Objected to.]

188

A. — I voted both for Eepublicans and Democrats.

Q. — IIow long have you known respondent, Thomas Beck.

A. — I have known him since eighteen handred and tifty-three.

Q. — State whether your relationship with him socially is pleasant or
otherwise?

A. — No, sir; we can't be considered good friends; merely acquaint-
ances.

Q. — Do you indorse his- political sentiments?

[Objected to by respondent as incompetent, immaterial, and unheard
of]

A. — The question I can't answer, because I don't know exactly what
his political sentiments are.

Q. — State whether or not j'ou indorse the principles of the Democratic
party?

[Objected to as irrelevant and immaterial.]

A. — As a general thing I do, but I vote for men if they suit me.

Q. — Then do I understand you to say that for political offices you vote
for men who you beHeve will carry out the principles of your party?

[Objected to as immaterial, ii-relevant, and incompetent.]

A. — No, sir; 1 vote for men that I think will legislate honorablj^, with-
out regard to politics.

Q. — Do you believe that Thomas Beck, the respondent, if elected to
the office of Senator, would not only act honestly but would sustain the
principles of the Democratic part}'?

[Objected to; it is leading; it is asking for the opinion of the witness
onl}^; it is incompetent, immaterial, irrelevant, and impertinent.]

A. — Yes; I believe he is an honest man.

Q- — Are you acquainted with Thomas Flint, the contestant; if yea,
_how long?

[This question is objected to; it is, like all the others, irrelevant.]

A. — I ain not acquainted with him.

Q. — Are you acquainted with his political reputation?

[Same objection as last made.]

A. — Yes, sir.

Q. — To what partj^ does he belong?

A. — To the J^epublican.

Q. — He being a Eepublican, do you as a Democrat indorse his political
views and sentiments?

[Objected to as irrelevant and incompetent; it is a sj'stem of examina-
tion such as merits criticism; it should be stricken out and disregarded.]

A. — No, sir.

Q. — State whether or not at the time that you. voted, on the sixth day
of September, A. D. eighteen hundred and .seventy-one, you were gov-
erned by your political opinions and knowledge of the character of the
different candidates who were then being voted for in making up your
ticket and casting your ballot?

[Same objection as made to the last question.]

A. — I decline, on the ground of -divulging my vote.

Q- — For whom did you vote as Senator of the State of California in
and for the Sixth Senatorial District, composed of the Counties of Mon-
terey and Santa Cruz?

By Respondeat — The gentleman propounding this question seems to
have forgotten that the same question in substance was asked this wit-
ness before, and a ruling by him elicited which is spread upon this depo-

189

sition. (See anterior question.) It is objected to upon the same i^roumls
contiiineil in the olijectious ti) the tenlii interrogatory propounded to
Horatio Stanley. (See Stanley's deposition.)

A. — I decline to answer.

Contestant now asks that the witness may be compelled to answer
the question.

The Justice refuses to enforce the order, for the reasons statel in the
reply to the former application.

Contestant now asks that after the examination of William M. R. Par-
ker he may be permitted to recall the witness Imus, for the purpose of
asking him again question thirty-one, and with this request being entered
has no further question to ask the witness at present.

Respondent now moves to strike out all the testimony of Charles A.
Imus, upon the grounds specified in the objection to his being sworn
first aftiresaid, and the several objections made herein, and upon the
grounds contained in the motion to strike out the testimony of L. B.
McKay aii.l Horatio Stanley' (see their depositions); and-waiving nothing,
now proceeds to ask the witness the following questions:

CROSS EXAMINATION.

Q. — Please state how long you had been a resident of the State of
California immediately next preceding the sixth day of September, A. D.
eighteen hundred and seventy-one?

A. — I had been a resident twenty five years continuously, with the
exception of about seven months in eighteen hundred and sixty-two and
eighteen hundred and sixty-three.

Q. — How long had you been a resident of said Peach Tree Precinct,
Monterey County, immediately preceding the sixth day of September,
A. I), eighteen hundred and seventy-one?

[Objected to as incompetent, irrelevant, and immaterial.]

A. — Since eighteen hundred and sixty-three.

Q. — Was 3-ou a citizen of the United States on the sixth day of Sep-
tember, A. 1). eighteen hundred and seventy-one, and if yes, are you na-
tive or foreign born?

[Objected to as incompetent, immaterial, and irrelevant.]

A. — 1 suppose I am a citizen of the United States; I am a native born
citizen; 1 was born in the Slate of Illinois.

Q. — What, if anything, did you do or cause to be done to procure your
name to be registered" in compliance with the election laws, and what
investigation, if any, did j'ou make to ascertain if your name was regis-
tered and enrolled prior to the sixth day of September, A. i). eighteen
hundred and seventy-one.

[Objected to as incompetent, irrelevant, and immaterial, and not prop-
erly in cross-examination.]

A. — I registered my name in Santa CiHiz, in eighteen hundred and six-
ty eight, upon the Great Register; I sent last year, in August, to have
it removed to Monterey.

(^.^— Who did you send to for the transfer?

[Objected to as incompetent, irrelevant, and immaterial.]

A. — J'o my father, to have it transferred.

Q. — Hid you receive any reply from your father as to whether he had
procured your certificate of transfer, and if so, -what did he tell you, in
that reply, he had done with the transfer?

190

[Objected to as immaterial, incompetent, irrelevant, and hearsay, and
not a i^roper cross examination of witness.]

A. — He told me he liad sent the transfer to Monterey.

Q. — Did 3-0U not receive a letter a few days prior to the sixth day of
September, eighteen hundred and seventy-one, addressed to you at your
Post Office, and postmarked Montere}', California, containing a certifi-
cate of 3'our registration?

[Objected to as incompetent, irrelevant, immaterial, and secondary.]

A.— I did.

Q. — Are 3'ou not well known and intimately acquainted in your voting
precinct, and was there any objection made to your voting on election
day?

[Objected to as immaterial and irrelevant.]

A. — Yes, sir; I am well known and there were no objections made.

Q. — Are yoa not one of the principal. pro^Derty holders and stock
growers in your election district?

[Objected to as incompetent, irrelevant, and immaterial.]

A. — I am amongst the largest stock raisers, and am known by the
Clerks and officers of this county, and was on election day, and long
before.

RE-DIRECT EXAMINATION.

By Contestant — IIow^ long have you been a stock raiser upon the ranch
you now occupy?

A. — Since the j^ear eighteen hundred and fifty-five.

Q. — Then I understand you to say that that has been your home
since that time, and that 3'our absence in Nevada was simply temporary,
and with a view to your return again?

A. — Yes, sir.

Q. — State whether or not the certificate 3'ou refer to in jovlY answer
to the seventh cross examining question Avas signed by the Clerk of
Monterey County, and if not by him, by either of his deputies?

A. — No. I don't think it was signed by hira or either of his deputies,
but it was a transfer from Santa Cruz; it was signed by Brown, the
Clerk of Santa Cruz County.

Q. — 'i'hen jow did not intend to saj", in answer to respondent's seventh
question, that you had in jonv possession a certificate from any officer
in the Countj^ of Monterey showing that jon had been placed upon the
Great liegister of this Monterey County'?

A. — No, sir, I did not intend to convej^ that idea; I had not.

CROSS EXAMINATION.

Q. — But the letter you received was postmarked Monterey, and there-
fore 3'our transfer must have been sent by ^'our father to some one in
Monterey, and by tliem sent to 5'ou; and 3'our father advised you that
he had sent it to the Clerk?

[Objected to as immaterial and Irrelevant.]

Q. — Yes, sir.

Q. — AVhere does 3'our father reside?

[Objected to as immaterial and irrelevant.]

A.^ — In Santa Cruz Count3^, California.

Q. — When 3'ou procured 3^our name to be registered in Santa Cruz, in
eighteen hundred and sixty-eight, how long had 3'ou been there?

191

[Olijoc-foil to as incompotont. immatovial, irrelevant, and not propovly
in cross examination of the witnes>^.]

A. — I had been there between two and three months; I was registered
there tor the purpose of voting at the Presidential eleetiou.

RE-DIRECT EXAMINATION.

By Contestant — I understand you to sa}', then, tliat your home and
business, at tlie time you were registered in Santa Cruz County, was in
Monterey County?

A. — No, sir; I had stock in Santa Cruz County at the time, and was
living there; I have no familj^; I had stock there; I was one hundred
and tbirtj'-tive miles from my ranch in Monterey County, the Presi-
dential elecjtion was coming off, and I wanted to vote; nob being regis-
tered anywhere else, and slopping at that time at my father's, in Santa
Cruz, Santa Cruz County, I did not vote; I left before the election came
off.

C. A. IMUS.

TESTIMONY OF WILLIAM M. E. PAEKER.

William M. E. Parker being now offered by contestant as a witness,
respondent objects to his being sworn or examined in this case at this
time, his testimony having already been taken, elaborately and at great
length, heretofore in this cause; further, that the proceedings herein
are irregular and illegal; the notice for the taking of these depositions
is insufiicient and illegal, und these proceedings are not authorized by
Senate, Senate Committee, or law.

AViLLiAM M. E. Parker, being first duly sworn to testifj' the truth,
the whole truth, and nothing but the truth, in relation to the matter of
the above entitled contest, deposes and says:

Question — State your name, age, residence, and occupation?

Answer — W. M. E. Parker; tlurty-lbur years; Monterey County; Clerk
of Monterey County.

Q. — State, if you know, who is the official that has the custody of the
Great Eegister of Monterej^ Count}^, the returns of election, and the
records of the Board of Supervisors of Monterey County?

[Objected to.]

A.— I am, as County Clerk and ex officio Clerk of the Board of Super-
visors.

Q. — Have you with you the returns of the general election held on
the sixth day of September, A. D. eighteen hundred and seventy-one,
at the several precincts in Monterey County.?

[Objected to.]

.A.— Yes; I have got them all.

Q. — Examine the'general election returns of ITollister Precinct, Mon-
terey County, and state whether or not the names of John Maze, E. S.
Jones, John Wesley Grewell, A. J. Eader, John J. Janett, Leander
Em6ry, William A. Moody, Charles Anderson, Gilbert Mulch, Peter Cris-
man, William Weathers, 'Detlelf Jansan, N. B. Bailey, and James Iludner

192

appear upon said returns as having voted upon the sixth day of Septem-
ber, A. 1). eighteen hundred and seventy-on.e?

[Objected to by respondent as incompetent and irrelevant; the same
question was asked the same witness in Jiia former examination.]

A. — I find on the returns from Ilollister Precinct for that election all
the names you have mentioned, with the exception of Charles Anderson
and John J. Janett; the name of John Janett appears.

Q. — Examine again said returns, and from such examination state
whether you find thereon the name of C. Anderson, Charles Anderson,
or Cadea Anderen?

[Objected to as incompetent, irrelevant, and secondary.]

A. — I now find the name of C. Anderson on said returns; there is no
such name as Cadea Anderen upon said list.

Q. — State whether or not you find upon said list any name that can
be construed as Cadea Anderen, or C. Anderen, or Charley Anderson,
except the name you have testified to?

[Same objections as to the last question.]

A. — I cannot.

Contestant now offers in evidence so much of the original returns of
the election held on the sixth day of September, A. J), eighteen hundred
and seventy-one, as contain the list of voters; being the names of all
persons who actually voted at Ilollister Precinct, in the County of Mon-
terey, on said day; which said list of voters is certified to by Thomas
W. Davis, Clerk; JST. C. Briggs and James J. Hodges, Judges; and
attested by Ijevi Boswell and J. II. Swain, Clerks.

[Objected to as irrelevant, immaterial, and incompetent, no foundation
whatever being laid for the admissibility of the document, and no
exhibit of it made.]

Q. — Examine the original returns of the election held in Tres Pinos
Precinct, and state whether or not you find in the list of voters contain-
ing the jiames of all persons who actually voted in said Tres Pinos
Precinct at the general election held on the sixth day of September, A. D.
eighteen hundred and seventy-one, the names of Samuel U. Medley,
Alonzo Heller, and Frank Hardin.

[Objected to as incompetent and secondary.] *

A. — I find each one of those names upon the returns of said jjrecinct
of said election.

Q. — Examine the original returns of the election held in San Juan
Precinct, and state whether or not j^ou find in the list of voters contain-
ing the names of all persons who actually voted in said San Juan Pre-
cinct at the general election held on the sixth day of September, A. D.
eighteen hundred and seventy-one, the names of Henry Crewell and
Henr}^ Crowell?

[Same objections as to last question.]

A. — I find the name of Henry Crowell, but not of Henrj' Crewell.

Contestant now offers in evidence so much of the original returns of
the election held on the sixth day of Septembei-, A. D. eighteen hundred
and seventy-one, as contains the list of voters, being the names of all
persons who actually voted at San Juan Precinct, in the County of Mon-
^terey, on said day;' which said list is certified to by John J3reen and
George PuUen, Judges; James F. McMahon, W. M. Ereen, and Albion
Baker, Clerks of Election.

[Same objection as made to the admissibility of the pretended Ilol-
lister list,]

103

Q. — Exiimine the original returns of the election held in Pajaro Pre-
cinct, and state whether or not you tind in the list of voters containing
the names of all persons who actually votctl in said Pajaro Precinct at
the general election held on the sixtii ilay of September, A. D. eighteeo
hunilred and seventj'-one, and state whether 3'ou tind thereon the naraea
of Joseph James llolcomb, John Council, John Fred. Theo. Charles Wer-
ner?

[Objected to as incompetent, irrelevant, and immaterial.]

A. — Those names are all on the returns of Pajaro Precinct for said
election.

Contestant now offers in evidence so much of the original returns of
the election held on the sixth day of September, A. D. eighteen hundred
and seventy-one, as contains the list of voters, being the names of all
persons who actually voted at Pajaro Precinct, in the County of Monte-
rey, on said day, which said list of voters is certified to by T. S. Pobeits,
Inspector, \V. T. Harvey and John Ollinger, Judges, and J. H. Ollinger
and L. A. Eodgers, Clerks.

[Objected to upon the same groiind contained in the objection to the
admissibility of the pretended lloilister list or returns.]

Q. — Examine the original returns of the election held in Castroville
Precinct, and state whether or not you find in the list of voters contain-
ing the names of all persons vvho actually voted in said Castroville Pre-
cinct at the general election held on the sixth day of September, A. D.
eighteen hundred and seventy-one, and state whether you find thereon
the names of S. E. McKay, L. E. McKay, and S. E. McKey, and L. A.
McKay, and S. E. Eoberson?

[Objected to as incompetent, irrelevant, immaterial, and secondary.]

A. — The name of McKay appears here; the initials I judge to be S. B.
McKay; it might be L. E. McKa}'. I find no other McKay on the list.
There is but one Eoberson on the list, and that is J. E. Eoberson and not
S. E. Eoberson.

Contestant now offers in evidence so much of the original returns of
the election held on the sixth day of September, A. D. eighteen hundred
and seventy one, as containing the list of voters, being the names of all
persons who actually voted at Castroville Precinct, in the County of
Monterey, on said day, which said list of voters is certified to by:

The further taking of these depositions is continued until ten o'clock
on the twentieth day of January, eighteen hundred and seventy-two.

January 20th, 1872.
TESTIMONY OF W. M. E. PAEKEE EESUMED.

Charles Vananden, Inspector; A. Copeland, N. II. Eose, Judges; John
C. Forbes and Ygnacio Castro, Clerks.

[Objected to upon the same grounds contained in the objection to the
admissibility of the pretended IloUister list of voters.]

Q.— Examine again the said original returns from Tres Pinos Precinct,
and state whether the name of Jeremiah Kelleher appears thereon as
having voted at said precinct?

194

[Same objection.]

A.-^IIis name appears on the Ti'es Pinos list for that election.

Q. — Examine the original returns of the election held at Santa Rita
Precinct, and state whether or not j'ou find in the list of voters contain-
ing the names of all j^ersons who actually voted in said Santa liita Pre-
cinct at the general election held on the sixth day of September, A. D.
eighteen hundred and seventy-one, and state whether you find thereon
the names of Heniy JRiley and Daniel Walsh?

[Objected to.]

A. — Those names appear on the list of voters.

Contestant now ofi'ers in evidence so much of the original returns of
the election held on the sixth day of September, A. D. eighteen hundred
and seventy-one, as containing the list of voters, being the names of all
persons who actually voted at Santa .Rita Precinct, in the County of
Monterey, on said day, which said list of voters is not certified to by the
oflficers of election.

[Same objection as contained in the objection to the admissibility of the
pretended Hollister list.]

Q. — State Avhether or not said list of voters and said returns have been
continuously under your control since tlie same were delivered to you as
Clerk of the County of Monterej''?
. [Objected to as irrelevant, incompetent, and immaterial.]

A. — They have.

Q. — State whether or not you have received any other list of voters
vrith the returns of elections than the one contestant has ofiered as
evidence, for that precinct?

A. — I have not for that election.

Q. — Examine the original returns of the election held in Soledad Pre-
cinct, and state whether or not you find in the list of voters containing
the names of all persons who actually voted in said Soledad Precinct at
the general election held on the sixth day of Sei^tember, A. D. eighteen
hundred and seventy-one, and state whether you find thereon the names
of Eldridge H. Iliner, Jesus Olilbo, and Jesus Otilbo?

[Objected to upon the same grounds contained in the objection to the
admissibility of the j^vetended Hollister list of voters.^

A. — The names of Eldridge H. Hiner and Jesus Otilbo appear ujjon
the list of voters.

Contestant now off'ers in evidence so much of the original returns of
the election held on the sixth day of Sei)tember, A. D. eighteen hundred
and seventy-one, as contain the list of voters, being the names of all
persons who actually voted at Soledad Precinct, in the County of Mon-
terey, on said day, which said list is not certified to by the otiScers of
election.

[Same objection as contained in the objection to the admissibility of
the pretended Hollister list of voters.]

Q. — Examine the original returns of the election held in the Natividad
Precinct, and state whether or not j'ou find in the list of voters contain-
ing the names of all persons who actually voted in said Nativitlad Pre-
cinct at the general election held on the sixth day of September, A. D.
eighteen hundred and sevcjity-one, and state whether you find tliereou
the name of JI. Stanley?

[Same objection.]

A. — But one Stanle}' appears on that list, and that is H. Stanley.

Contestant now oti'ers in evidence so much of the original returns of

195

the elcctioT) hold on the Rixth day of September, A. D. eij^htecn hundred
and seventy-one, as containing the list of voters being tlie names of ull
persons who actually voted at Natividad Precinct, in the County of
Monterey, on said day, which saiil list of voters is not ccrtiticd to by the
officers of election.

[Objected to upon the same grounds contained in the objection to the
admissibility of the pretended lIollTster list or return.]

Q. — State whether or not you have received an}' other list of voters
with the returns of election than the one contestant has offered as evi-
dence for that precinct.

[Objected to as incompetent and irrelevant.]

A. — No, sir; I have not.

Q. — Examine the original returns of the election held in Salinas Pre-
cinct, and state whether or not you find in the list of voters containing
the names of all persons who actually voted in said Salinas Precinct at
the general election held on the sixth day of September, A. D. eighteen
hundred and seventy-one, and state whether you find thereon the names of
John Cockerill, J. II. Glossen, Lawrence Plyzell, Lawrence Hysell, Henry
Hugo, Luis A. Soberanes, and Van Valkeuburg?

[Objected to as incompetent, irrelevant, immaterial, and secondary.]

A. — Those names all appear on the list of voters, with the exception
of Luis A. Soberanes and Lawrence Hyzell.

Contestant now offers in evidence so much of the original retui'ns of
the election held on the sixth day of September, A. D. eighteen hundred
and seventy-one, as containing the list of voters, being the names of all
persons who actually voted at Salinas Precinct, in the Countj' of Mon-
terey, on said day, which said list of voters is not certified to b}'' the
officers of election.

[Same oltjectiou as made to the admissibility of the pretended HoUister
list or return.]

Q. — State whether or not you have received'any other list of voters
with the returns of election than the one contestant has offered as evi-
dence for that precinct?

[Objected to as incompetent and irrelevant.]

A. — That is the only one.

Q. — Examine the original returns of the election held in San Lorenzo
Precinct, and state whether or not you find in the list of voters contain-
ing the names of all persons who actually voted in said San Lorenzo
Precinct at the general election held on the sixth day of September,
A. 1). eighteen hundred and seventy-one, and state whether you find
thereon tlie name of Jerome Perry?

[O jjected to as incompetent, irrelevant, and secondary.]

A. — The name of Jerome Perry appears on the list of voters.

Contestant now offers in evidence so much of the original returns of
the election held on the sixth day of September, A. .D. eighteen hundred
and seventy one, as containing the list of voters, being the names of all
persons who actually voted at San Lorenzo Precinct, in the County
of Monterey, on said day, which said list of voters is not certified to by
the -officers of election.

[Same objection as contained in the objection to the admissibility of
the pretended list of voters or returns of Hollister.]

Q. — State whether or not you have received any other list of voters
with the returns of election than the one contestant has offered as evi-
dence for that precinct?

19G

[Objected to as incompetent and irrelevant.]

A. — That is the only one.

Q. — Examine the original returns of the election held in Peach Tree
Precinct, and state whether or not you find in the list of voters con-
taining the names of all persons who actually voted in said Peach Tree
Precinct at the general election held on the sixth day of September,
A. D. eighteen hundred and seventy-one, and state whether you find
thereon the names of 0. A. Imus, Jesse Asbury Bandy, and Jesse Bandy?

[Objected to as incompetent and secondary.]

A. — The names of J. Bandy and C. A. Imus appear on the list of voters
as having voted at that precinct. Tlie name of Jesse Asbur}^ Bandy
does not appear on the list, nor Jesse Bandy.

Contestant now otters in evidence so much of the original returns of
the election held on the sixth day of September, A. D. eighteen hundred
and seveiUy-one, as containing the list of voters, being the names of all
persons who actually voted at Peach Tree Precinct, in the Countj'^ of
Monterey, on said day, Avhich said list is not certified to by the officers
of election.

[Same objection as contained in the objection to the admissibility of
the ijretended Ilollister list or return.]

Q. — State whether or not you have received any other list of voters
with the returns of election than the one contestant has offered as evi-
dence for that precinct?

[Objected to as incompetent and irrelevant.]

A. — No, I have received no other.

Q. — State whether you have now in your possession the book known
as the Great liegister of the County of Monterey, State of California?
If yea, where is the same now?

[Objected to.]

A. — I have it here now in m}^ possession.

Q. — Make a careful examination of the same, and state whether or not
the following names, or any of them, appear upon said (jircat JJegister
previous to the sixth day of September, A. J), eighteen hundred and
seventy-one, to wit: John Maze, A. J. Jiader, John W. Grewell, John
Janett, Leander Emery, William A. Moody, Charles Anderson, Gilbert
Mulch, Cadea Andcren, Charley Anderson, Peter Crissman, William
Weathers, Detleff Jansan, N. B. Bailey, James Hudner, Samuel G. Med-
ley, Alonzo Heller, Frank Hardin, Jeremiah Kelleher, Henry Crewell,
Henry Crowell, Joseph James Holeomb, John Connell, John Fred. Theo.
Chas. Werner, S. E. McKaj', S. E. Iloberson, J. E. Roberson, Henry
Eiley, Daniel Walsh, Jesus Olilbo, and Jesus Otilbo, H. Stanley, John
Cockeril, J. H. Gilossen, La^vrence Hysell, Henry Hugo, Van V'alkeu-
burg, Jerome Perrj-, C. A. Imus, Jesse Band}', J. Band}^, Jesse Asbury
Bandy.

J)y Rcfipondent — This question is objected to; it is incompetent, irrele-
vant, secondary; calling only for the oral declarations of the witness
Parker. The Election Law of the State, or J^egistry Act of the State,
requires the Great Pegister of the county to be kept at the office of the
Clerk of the county. It is incompetent and immaterial, since it is only
directed to the period j)rior to the sixth day of September, eighteen
hundred and seventy-one, and many of the names contained in the inter-
rogatory, as shown by the same witness Parker, were not on any of the
lists or returns testified to by him as havijig voted at said election.

197

The further taking oT tliese ik-posiuons is continued until the twenty-
second da}' of January, A. D. eii^htoeu hundred and sevcntj'-two, at ten
o'clock A. M.

January 22d, 1872.
TESTIMONY OF W. M. R. PAKKER RESUMED.

Answer — The following names do not appear on the Great Register at
that date: John Maze, E. S. Jones, John W'esley (jirewell, John Janctt,
Leander Emery, Gilbert Mulch, Peter Crissman, ^yilliam Weathers,
Detlelf Jansan, N. B. Bailey, James lludner, Samuel G. Medley, Alonzo
Heller, Frank Hardin, Jeremiah Kelleher, Henry Crowell, Henry
Crewell, Joseph James Holcomb, John Connell, John Fred. Theo. Chas.
Werner, S. E. McKay, S. E. Robersou, Henr}' Riley, Jesus Olilbo or
Jesus Otilbo, H. Stanley, John Coekeril, J. H. Glossen, Lawrence Hysell,
Henry Hugo, Van Yalkenburg, Jerome Pei'ry, Jesse Bandy, J. Bandy
or Jesse Asbury Bandy, and C. A. Imus.

The following names have been canceled on the Great Register on the
following dates: A. J. Rader, canceled June twenty sixth, eighteen
hundred and seventy-one; Charles Anderson, canceled August eleventh,
eighteen hundred and seventy-one; Daniel Walsh, canceled August
thirtieth, eighteen hundred and sixty-nine; and have not since been
placed ou the Great Register of this county. Their ajaplications for can-
cellation are on file in my office.

The contestant otters in evidence the Great Register of Monterey
County, being in two volumes.

Respondent objects to the introduction of the so-called Great Register,
no foundation whatever being laid for its admissibility; no exhibit made.
An attempt has been made to prove the contents of the record without
any otter being made of the record. All the testimony concerning this
so-called Great Register of the witness Parker is incompetent and
irrelevant.

Contestant now offers in evidence so much of the original returns of
the election held on the sixth day of September, A. D. eighteen hundred
and seventy-one, as containing the list of voters, being the names of all
persons who actually voted at Tres Pinos Precinct, in the County of
Monterey, on said day, which said list of voters is not certified to by
the officers of election.

[Same objection as contained in the objection to the admissibility of
the pretended HoUister list or returns.]

Q. — Do I understand you to say that you, as ex officio Clerk of the
Board of Supervisors, have the charge, custody, and possession of all
the returns of the Boards of Election in the different precincts in Mon-
terey County, California?

[Objected to; it is incompetent, irrelevant, and secondary.]

A. — I have.

Contestant now otters in evidence the original tally list, now in wit-
ness' ])osscssion, of the election in each and every precinct held on the
sixth day of September, A. D. eighteen hundred and seventy-one.

[Objected to as irrelevant and incompetent; no foundation laid for the
otter; it is not exhibited.]

Q. — Will you attach to your deposition, to be marked as exhibits, all
the documents herein before enumerated and ottered as evidence?

198

[This question is irrelevant, immaterial, and incompetent; it is only
asking the witness, who, of course, is Very willing, to know if he Avill
allow certain things to be done, has nothing to do with this case.]

A. — No; because the law makes me custodian of those documents, and
I have no right to let them go out of my control.

Q. — From what documents, if smy, did jou furnish the information
that is contained in all of j^our former answers in relation to names not
on the Great Eegister, as well as those who voted in the different pre-
cincts at said election?

[Objected to as incompetent and irrelevant.]

A. — From the original returns, as received from the several Clerks of
the different election precincts of the county, and from the Great Eegis-
ter of the county.

Q. — I understand you, then, to say that you made an examination of
all said documents at the time of making jouv answers, and in presence
of the officer taking your deposition; am 1 correct?

[Objected to; it is cross examining his own witness, and is incom-
petent.]

A. — Certainly; I made the examination here in the presence of the
officer taking the deposition, and at the time I gave my answers.

Contestant now offers in evidence so much of the record of the Board
of Supervisors of the County of Monterey, California, as is contained in
"Book B," Suj^ervisors Minutes, as relates to the election held on the
sixth day of September, A. D. eighteen hundred and seventy-one.

[Same objection as made to the introduction of the so-called Great
Eegister, and further, that there is nothing offered by the proposed
offer.]

Q — Examine the canvass of the election returns of the Count}' of
Monterey, California, for the election held in said county on the sixth
day of September, A. D. eighteen hundred and seventy-one, and state
who were voted for as Senator of the Sixth Senatorial District of said
State, and the aggregate vote received by each in said county?

[Objected to as incompetent, secondary, and immaterial.]

A. — Thomas Beck and Thomas Flint were voted for, and no others;
on the canvass of said vote Thomas Beck received one thousand two
hundred and sixty-five votes; Thomas Flint received one thousand and
thirty-seven votes; on the recount of the vote b}' the Board of Super-
visors, acting as the Board of Canvassers, Thomas Beck was found to
have one thousand two hundred and seventy-eight votes; Thomas Flint
to have one thousand and forty votes; which is the vote as declared by
the. Board of Supervisors, a certified copy of which is hereto attached,
marked "Exhibit A."

[Exhibit A.]

State of California,

County of Monterey

}..

I, William W. E. Parker, County Clerk and ex officio Clerk of the
Board of Supervisors, in and for said Monterey County, do hereby- cer-
tify that on a canvass of the vote of Thomas Beck and Thomas Flint,
who were voted for in said county for Senator for the Sixth Senatorial
District, Thomas Beck received twelve hundred and sixtj^-five votes,
and Thomas Flint received ten hundred and thirty-seven votes; that on
a recount of said vote by the Board of Supervisors, Thomas Beck re-

I'jy

ceived twelve hundred and seventy-eight votes, and Thomas Flint re-
ceived ton hundred and forty votes, wlueh last was deelared the official
vote, as is of record in tiie minutes of said Board of date September fif-
teenth, A. D. eighteen hundred and seventy-one.

,- — >— ^ In witness whereof, I have hereunto set my hand and

I SEVi ^^ affixed the seal of the County Court of said countj^, this

I "3 twenty-second day of January, A. D. one thousand eight

>- — r- — ' hundz'ed and seventy-two.

W. M. E. PARKER,
^ Clerk.

Contestant now offers in evidence that portion of the records of the
Boar<l of Supervisors contained in " Book B " of the minutes of the
Board of Supervisors of Monterey County relating to the canvass of the
vote of said county for the office of Senator for said district.

By Respondent — The offer is objected to upon the ground that there is
no foundation laid for it; further, there is no exhibit of it; and as to
the pretended certificate which the witness sees proper to refer to, and
which seems not to be asked in the question, it is objected to, the body
of the same being written in different colored ink, appears to have beea
written here, and the certificate and seal attached prior thereto, and
prior to the witness' arrival at this place; and the fact certified to ap-
pearing to have been written to-day, in the presence of the Commission,
it was not dated when the written certificate was made, is incompetent,
irrelevant, immaterial, it should be disregarded, and stricken out.

Respondent now moves to strike out the deposition and testimony of
W. M. R. Parker, upon the grounds made in the objection to his being
sworn as a witness, including the recitals therein made to other deposi-
tions, and the several objections made in the body of his deposition, all
the oral declarations of Parker referring and pointing to documentary
evidence, and seeking to prove the contents of records and documents
which should speak for themselves, and that, too, before the records or
documents were offered in evidence (see his deposition); and waiving
nothing, now proceeds to ask the witness Parker the following
questions:

CROSS EXAMINATION.

Q. — Are you the same W. M. R. Parker whose deposition was taken
in this case in the month of i^ovember last, and whose testimony is now
before the Senate Committee?

A. — My name is W. M. R. Parker whose testimony was taken in this
case in November last.

Q. — Your testimony is based, if I understand you, upon your examina-
tion of records and documents since j^our examination as a witness
herein ?

[Contestant for the last time will interpose an objection to this class
of questioning, except to simply interpose an objection to the question,
but in this case will adopt the theory' of respondent, who being anxious
to present a full examination of the merits of this contest, and appar-
ently desiring to prevent contestant introducing all of his witnesses by
delays in interposing frivolous objections now objects for the following
reasons: first, the question assumes that the witness Parker has
made a statement which he has not made; second, that the question

200

is immaterial and irrelevant and not properly in cross examination of
the Avitness.]

A. — My answers are based upon examinations of records and docu-
ments made here in the presence of the Commission during my examina-
tion as a witness while on the stand as such in the presence of the
parties and the officers talking the depositions. ,

Q. — May you not be mistaken, and may not many of the names you
have given as not being upon the Great liegister be registered in that
book?

[Objected to as irrelevant, immaterial, and not properly in cross
examination of the witness.]

A. — I think I am not mistaken. I don't believe that any name stated
by me not to be on the Great Eegister is there. My examination has
been very careful.

Q. — Do you remember that in your former examination you testified
to the names of a number of gentlemen not being upon the Great Eegis-
ter, among which names were Eldridge H. Hiner, Horatio Stanley, L.E.
McKay, and others?

[I object to the question, for the reason that what the witness has
heretofore testified to is now or should be before the Senate, and there-
fore there is no reason on the part of respondent to consume further
time, and is not properly in cross examination of the witness.]

A. — I still state the names of Eldridge H. Iliner and Horatio Stanley
not to be on the Great "Eegister, nor is the name of S. E. McKey.

Q. — Will you refer to the letter E of the alphabet upon your Great
Eegister and inform me if Eldridge H. Hiner is not registered thereon
under letter E instead of H in the Eegister?

A. — The name there registered is Hopkins Hiner Eldridge, under the
letter E of the Great Eegister.

Q. — Will you please examine 3'our Great J^egister, under letter H of
the Eegister, and see, if the name of the witness, Horatio Stanley, is not
registered upon your Eegister as Horatio Hanly, residence ^S^ativitlad?

[Objected to for the reason that the Clerk, Mr. Parker, is, by this
course of examination, compelled to answer an untruth if the name of
Hanly was intended for Stanl}' unJess he knows the witness Stanly to
be the same person who was registered as Hani}'.]

A. — There is no such name as Horatio Stanly on the Great Eegister
under the letter H. I find the name of Horatio Hanly. I am unac-
quainted with either Hanly or Stanly.

Q. — You do not pretend to say that your so-called voting lists or
returns show more than one of the names of Lawrence Hysell and
Lawrence Hyzeil, and more than one of the names Jesus Otilbo and
Jesus Olilbo, and more than one of the names Crowell and Crewell, and
more than one of the Baudys, and more than one of the names of
S. E. and L. E. McKay, and more than one of the Eobersons, and more
than one of the Janctts, a])pear upoji the list of voters so-called, do
you?

A. — No, I do not.

Q. — In no instance more than one name susceptable of being construed
^ to mean the names mentioned in the foregoing question?

A. — In answering the question in respect to these double names I
answered the questions as they were propounded to me. But one
Hysell voted at the Salinas Precinct, one John Janett at HoUister Pre-
cinct, one S. E. McKay at Castroville Precinct, one S. E. Eoberson at

201

Castrovillc Precinct, but one Henry Crowell at San Juan Precinct, but
one Jcsud Otilbo and no Oiilbo at Solcdail, but one J. Bandy voted at
Peaeb Tree Precinet.

<.^. — Tlien the names of Oiilbo, J. E. Poberson, H. Crewell, Jesso
Bandy, Jesse Asbury Bandy, Lawrence llyzell, J. J. Jauett, L. E. McKay,
Cadea Anderen, Charles Anderson, which names were contained in the
questions propounded to you in chief, does not aj^pear upon your pre-
tended list of voters as having voted at all?

A. — 1 have no pretended list; on the original list of voters of the dif-
ferent precincts I do not tind the names of J. E. Eoberson or 11. Crewell,
but II. Crowell; not Jesse nor Jesse Asbury Bandy, but J. Bandy; not
Lawrenee llyzell, but Lawrence Hysell; not J. J. Janett, but J. Janett;
not Ij. E. McKay, but S. E. McKay; no such name as Cadea Anderen,
but the name of C. Anderson, and not Charles Anderson; not Jesus
Oiilbo, but Jesus Otilbo; Luis A. Soberanes does not appear on the list
of voters from any j^i'ecinct.

Q. — Did you not, as Clerk, receive from M. L. Ilbuck, Deputy Assessor
of the Count}' of Monterey, the names of John Cockeril, Lawrence Hy-
sell, Henry Hugo, Van Yalkenberg, and Horatio Stanley, as having been
registered by said Houck as such Deputy Assessor, with their names,
ages, nativity, etc., as the law directs, sworn to by them and each of
them, before said Houck, with request to place them upon the Great Heg-
ister, in the latter part of July or first of August, eighteen hundred and
seventy-one?

[Objected to.]

A. — I can swear positively to never receiving any of those names,
with the exception of Stanley; about that time 1 see one of my depu-
ties registered a man by the name of Horatio Hanley, for ISiatividad
Precinct.

Q. — Then your deputies sometimes put names upon the Great Register
that were sent to you by Deputy Assessors and Deputy Clerks?

[Objected to.]

A. — Certainly.

Q. — Then, if a mistake occurred in the name of Stanly, might it not
in other names?

[Objected to.]

A. — I don't pretend to say that any mistake has been made in respect
to Hanly or Stanly; I don't think that any has occurred as far as the
Clerk's office or the Great Register are concerned.

Q. — Is it not true that Eldridge H. Hiuer was in attendance here as a
witness in this case since the taking of these depositions was com-
menced, and since you arrived here?

[Objected to as immaterial, irrelevant, and not a proper cross examin-
ing question.]

A. — I met him here.

Q. — Was he sworn and examined as a witness?

[Objected to.]

A. — Not that I know of.

Q. — Is it not true that he (Hiner) ascertained that his name was upon
the Great Ilegister, under letter E, and that you communieated that fact
to Albert Heath, contestant's attorney, and that thereupon said Heath
informed said Hiner that he had no use for him; that ho could go
home?

[Objected to.]

202

A. — On my arrivjil here Mr. Hiner requested me to examine and ascer-
tain if his name was on tiie Great Register; I told him that it was not;
he then suggested looking for the name of Hopkins on the Great Reg-
ister, as he sometimes went by that name; from that I looked at Eld-
ridge, and found the name of Hopkins Hiner Eldridge, registered by Mr.
Johnson, my predecessor iii office, and not bj' me; as I believed it to be
a mistake, and intended for the name of Hiner instead of Eldridge, 1
reported it to the Commission in the presence of the attorneys for both
parties, when Heath discharged the witness in presence of the Commis-
sion.

The further taking of these depositions is continued until the twenty-
third day of January, A. D. eighteen hundred and seventy-two, at n ne
o'clock A. M.

January 23d, 1872.
TESTIMONY OF W. M. E. PARKER RESUMED.

Question — Please examine the Great Register and see if the name of
the witness, L. E. McKay, whose name you have given as not being on
the Great Register, is not registered under the name of Lewis Evans
McKey; residence, Salinas Precinct?

[Objected to because the witness has not stated that L. E. McKey's
name does not appear upon the Great Register.]

Answer — The name of Lewis Evans McKey is upon the Great Regis-
ter; 1 have not been asked to examine for him before.

Q. — -But you did state that the name of L. E. McKay was not upon
the Great Register, did you not?

[Objected to.]

A. — I stated that the name of S. E. McKay was not upon the Great
Register; I now state that L. E. McKay is not upon the Great Reg-
ister. *

Q. — Did 3"ou not state, in answer to the question asked you in chief,
that the name of S. E. McKaj^ appeared as having voted; it might be L.
E. McKay?

[Objected to.]

A.— I did.

Q. — You also stated, in answer to a former question, that there had
been no mistakes or errors; do you now hold to the same proposition?

[Objected to.]

A. — I never have stated any such thing that I recollect of

RE-DIRECT EXAMINATION.

By Contestant — Are you acquainted with any man with the name of
Hanley, living in Natividad Precinct, or in the County of Monterey?

A. — I am acquainted by name with a thousand men whom I don't
know in person.

W. M. R. PARKER.

:^Uo

TESTIMONY OF A. J. JIADEI?.

A. J. TvADER being now offered as a witness by contestant, respon(U-!nt
objects to his l)eing sworn or examined as a witness, upon the same
grounds mentioned in the objections made to Alonzo Heller being sworn.
(See Heller's deposition.)

A. J. Eader, being first «Uily sworn to testify the truth, the wholo-
truth, and nothing but the truth, in relation to the above entitled contest,
deposes and says:

Question — State your name, age, occupation, and residence?

Answer — My name is Andrew Jackson liader; age, forty-three years;
occu])ation, farmer; residence, HoUister Precinct, Monterey County.

Q. — State whether or not you voted at the general election held on
the sixth day of September, A. D. eighteen hundred and seventy-one, in
the State of California?

[Objected to.]

A. — 1 did; in HoUister Precinct, Monterey County.

Q. — State whether or not on that day you voted for any person for
the office of State Senator of the State of California, in and for the
Sixth Senatorial District, composed of the Counties of Monterey and
Santa Cruz?

[Objected to upon the same grounds contained in the objection to the
tenth interrogatory propounded to Jloratio Stanley.]

A. — I can't say with certainty that I did.

Q. — Are you acquainted with Thomas Flint, the contestant?

[Objected to.]

A. — I never saw him till yesterday.

Q. — To what political organization, if any, do you belong?

[Objected to as immaterial.]

A. — •Well, sir, I have formerly been a Democrat; I do not now belong
to any political organization.

Q. — On the sixth day of September last, state whether you wore a
Democrat or a Republican?

[Objected to as immaterial and incompetent.]

A. — I will answer that question by saying that I never have been so
strenuous, if I thouglit that a Republican was more suitable for office,
but that I would vote for him in preference to a Democrat.

Q. — On the sixth day of September last, state whether or not you
believed that the candidate of the Republican party for Senator was
more suitable than the candidate of the Democratic party?

By Respondent — This is a most singular question, departing so far from
the rule as to ask a gentleman on the witness stand for his opinion
months ago, and that, too, on the direct examination of his own witness;
its immateriality, incompetency, and irrelevancy, is obvious; it should
be disregarded.

A. — From what information I could gather from outsiders, those that
knew the two parties, my opinion was that Mr. Beck was the most suit-
able man.

Q. — Then do I understand you to say that at that election, being no
party man, you voted honestly in accordance with your opinions with
respect to the competencj^ of the candidates?

[Same objection as to last question.]

204

A. — My intention was to do so.

Q. — Can you read and write?

[Objected to.]

A. — Yes, sir.

Q. — Who prepared your ticket for 3'Ou, if any one, to be voted by you
that day?

[Objected to.]

A. — I will answer that question by saying that when I got ready to
vote, I went to Mr. Hodge and asked him to give me a ticket of the
right stripe, and he handed me a ticket; I folded it n-p and voted, not
knowing wliat was in it.

Q. — ^Vhy did you ask Mr. Hodge for a ticket in preference to any
other man?

[Objected to as cross examining his own witness.]

A. — Because Mr. Hodge stood near the table where the tickets lay
when I came to vote.

Q. — You say that you asked him for a ticket of the right stripe; what
do you mean by that term?

[Same objection as to last question.]

A. — I meant for him to give me a Democratic ticket.

Q. — State whether that was a written or printed ticket?

[Objected to upon the same gi'ounds as made to the tejith interroga-
tor}^ of Stanlej^'s deposition.]

A. — To the best of my knowledge I would say it was a printed ticket.

Q. — Is Hodge a Democrat or a Republican, if you know?

[Objected to as irrelevant.]

A. — From what I can learn, he is a Democrat.

Q. — When you received your ticket from him did you or did jou not
examine the same to satisfj' yourself that it was a Democratic ticket?

[Objected to as cross examining his own witness and irrelevant.]

A. — I did not read it at all.

Q. — Did 3^ou look at it?

[Same objection as to the last question.]

A. — I did not to read it.

Q. — Do you not know positivel}^ that the ticket you received from Mr.
Hodges and which you voted at that election was a Democi'atic ticket?

[Same objection as to the last two questions.]

A. — I do not.

Q. — At the time you voted were you not satisfied in your own mind
that you were voting the Democratic ticket?

[Same objection as to the last three questions.]

A. — My mind was at the time that 1 was voting a Democratic ticket.

Q. — At the time you voted had you a doubt in your mind as to the
character of your ticket?

[Same objection.]

A. — I don't know that I had.

Q. — Then do I understand 3'ou to say that you intended to and believe
you did vote the Democratic ticket on that day at that election?

[Same objection made as to the preceding question.]

A. — My intentions were to vote it, but whether I did vote it or not I
cannot say.

liespondent moves to strike out all the testimon}' of A. J. Eader. upon
the gi'ounds mentioned in the preceding deposition, and the objections
to the admissibility, relevancy, materialitj-, and competency of the ques-

205

tions separately stated and separatelj' objected to in this deposition;
and waiving nothing, now proceeds to asic Mr. JJader the lblh>\viug
questions:

CROSS EXAMINATION.

Q. — IIow long have you been a resident of the State of California?

A. — About eight j^ears continuously.

Q. — Were you a citizen of the United States on the sixth day of Sep-
tember last; and if yea, are you native or foreign born?

A. — I was; am native born; was born in the State of Indiana.

Q. — You had voted at former elections in said llollister Precinct, Mon-
terey County, had you not?

A.— I had.

Q. — A witness, whose name is W. M. E. Parker, examined on the part
of the contestant in this case, on yesterday testified that the name of
one A. J. Rader had been canceled on the Great Kegister of Monterey
County, of date June twenty-sixth, eighteen hundred and seventy-one;
did you ever authorize the Clerk or any person to cancel your name on
the Great Register?

[Objected to.]

A. — I did not.

Q. — You staPte you are a farmer by occupation; have you a family, and
how far do you reside from this place?

A. — I have a family; reside about sixteen miles from this place.

Q. — Who went after you; how were you brought here; by whom and
in whose company; what time did tliey visit your house, and by what
process if any did they claim to bring you here?

[Objected to as irrelevant and immaterial.] •

A. — One has been reported to me as a Constable of this place; one
gentleman I don't know; another, whose face I am familiar with, is
called Colonel Heath, the counsel for the contestant; the man who was
reported to be the Constable came to my house at one o'clock at night;
they awoke me up from sleep; told me that be wanted me to go to San
Juan with him; 1 asked him if he had an attachment for me; he said he
had one about as long as his arm; he said he would read it, but I told
him he need not; I fixed myself and immediately started with him; I
went on down to Mr. Grist's with him, about one mile from my house;
I there found two other gentlemen — Colonel Heath, so called, and the
other man I did not know; we remained there till day; there was a
wagon there that they had ridden over in; I then got in the wagon and
rode to San Juan with them.

RE-DIRECT EXAMINATION.

By Contestant — Previous to j'our arrest by Deputy Sheriff Dunning
had you been subpoenaed by anyone to appear before the officer to have
your deposition taken in this matter?

A. — I had.

■Q. — How many times?

A. — Twice.

Q. — At either time did you or did you not demand your fees?

A. — 1 did at the second summons.

Q. — Were you paid your fees at that time?

A. — I was.

206

Q. — State, if you recollect, about the time that you were served when
you demanded your fees?

[Objected to; the returns should show the dates, if any process was
served.]

A. — It was in January, eighteen hundred and seventy-two; can't recol-
lect the day.

Q. — State where j^ou resided on the first day of August, A. D. eighteen
hundred and seventy-one?

[Objected to.]

A. — I don't know where I was upon that day, nor where I resided.

Q. — Is it not true that sometime i)rior to the sixth day of September,
A. D. eighteen hundred and seventy-one, you resided in the country
known as the Pitt Eiver country, and which is not any portion of the
Counties of Monterej^ or Santa Cruz?

A. — I was in the Pitt Eiver country, and left there on the sixth day
of June, eighteen hundred and seventy-one.

Q. — State whether or not your family was with 3'ou at the time?

A. — My wife and children were with me.

Q. — When did yon first arrive in the Pitt Eiver countr}'?

A. — To the best of my knowledge, I arrived there about the first of
June.

Q. — About how long did you remain there? «

A. — I was there about six days.

Q. — From there Avhere did you go?

A. — From there I started to Monterey County.

Q. — How many miles is it from the Pitt Eiver country to the County
of Monterey?

A. — I call it four hundred and fifty miles.

Q. — Then do I understand you to say that it required all the time from
about the seventh day of June until you arrived in Monterej^^ County to
travel that four hundred and fifty miles?

A. — It does not require that length of time.

Q. — In what county or counties did you remain during the time you
were not traveling?

A. — AVhat time I was not traveling I stopped in Tehama County.

Q. — At what time did you stop in Tehama County, and how long did
you remain there?

A. — The month was sometime in June; I must have left there in July,
the latter part.

Q. — At any time during the period that you was in Tehama County, or
at any time before the election, after you left said county, was you asked
by any person or persons to have your name transferred from the Great
Eegister of Monterey County to the Great Eegister of any other county?

[Objected to.]

A. — I was.

Q. — By whom and in what county?

A. — I don't know that I know the gentleman's name fully, but he went
by the name of Jackman in Tehama County; he was said to be County
Assessor.

CROSS EXAMINATION.

By Respondent — What, if anything, did you do, and what diligence did
you use, to obey the subpoena or process served upon you at the time
you demanded your fees from the officer, and what amount of fees did he
pay?

207

A. — When the officer came, I started immoiliately. I came to the iSan
Benito, this sule of lloUisier; the .vater mus up; 1 was afraid to cross,
and was told not to rislc it. I came to the San Benito the next morning
after being served with the subpcvna. I received tive dollars and twenty-
tive cents.

Q — When the Mr. Jackman, of Tehama Count}', asked 3-011 in regard
to your registration and transfer, did you not say to him not to procure
3'our transfer, or attempt to do so; that yoiw residence was Monterey
Count}^ and that j'ou expected to vote there at the then approaching
election?

[Objected to. The question informs the witness what he is to testify
to, and dictates his answer.]

A. — I told Mr. Jackman that he need not register me, for I was then
on my way back to m^- old countj' where 1 came I'rom; that I expected
to be there, and vote at the election there.

A. J. EADER.

' TESTIMONY OF JOSEPH N. DUNNING.

Joseph N. Dunning is now offered as a witness by contestant.

Bespondent objects to his being sworn or examined, upon the grounds
that his name does not appear in the notice or affidavit, and the several
grounds mentioned in the preceding depositions.

Joseph N. Dunning, being first duly sworn to testify" the truth, the
whole truth, and nothing but the truth, in relation to the above enti-
tled contest, deposes and says:

Question — State your name, age, occupation, ard residence?

Answer — M3- name is Joseph N. Dunning; age, forty j'ears; Constable
and Deputy' Sheritf; residence, San Juan, Montere}^ Countj', California.

Q. — Do 3'ou know Jeremiah Kelleher? If yea, state where you saw
him last?

[Objected to.]

A. — I do. I saw him last in Ilollister, Monterey Count}% on Friday
nigiit last; I think it was the nineteenth of January.

Q. — State whether you saw him in company' with A. Heath, one of con-
testant's counsel? If yea, where, and who other than Heath was jDres-
ent?

[Objected to as irrelevant and incompetent.]

A. — I did, at the Montgomery Hotel, in Hollister. Mr. Heath, Mr.
Edward Burch, Mr. Kelleher, and myself, took supper together.

Q. — Was there any other person than the four named eating supjier
at the time j-ou refer to?

[Objected to; it is wholl}' inadmissible, incompetent, and irrelevant.]

A. — I think not.

Q. — State whether or not 3'ou know John Connell? If yea, when did
3'ou last see him, and under what circumstances?

[Objected to.]

A.-T-I know him; I don't remember the date now; I served a sub-
pa'ua on him in Watsonvillc, and he told me he would come the next

208

morning; I saw him the next morning, just this side of the Pajaro
bridge, coming this way; heard him say that he had 'oo go to San Juan.

Q. — In what proceeding did the subpoena state that he was to appear
in San Juan, and before whom?

A. — In the contested election between Thomas Flint and Thomas
Beck; before Justice John W. Whitney.

Contestant now offers the original subpoena and the return of the
officer thereon, in evidence, marked Exhibit "A," and hereto attached:

[Exhibit A.]

In the matter of the contest of the election of Thomas Beck as Senator of the
State of California, in and for tlie Sixth Senatorial District of said State,
composed of the Counties of Monterey and Santa Cruz.

The People of the State of California send greeting to John Connell,
of Pajaro Precinct, and Henry Eiley, of Santa Pita Precinct: AVe com-
mand 3^ou that, all and singular business and excuses being laid aside,
you appear and attend before the undersigned^ one of the Justices of the
Peace of the said township, in the said Monterej' County, at the Plaza
Hotel, on the thirteenth day of January, A. D. eighteen hundred and
seventy-two, at ten o'clock a. m., then and there to testify in the above
entitled contest, now pending before the Senate of the State of California,
on the part of the contestant; and disobedience will be punished as a
contempt by the said Justice, and you will also forfeit to the party
aggrieved the sum of one hundred dollars, and ali damages which may
be sustained by your failure to attend.

Given under my hand, this ninth day of Januar}"-, A. D. eighteen hundred
and seventy-two.

J. W. WHITNEY,

Justice of the Peace.

State of California,

County of Monterey.

I hereby certifj' that I served the within subpoena by showing the
within original to each of the following named persons, and delivering
a true copy thereof to each of the said jx^rsons, personally, on the tenth
day of January, A. D. eighteen hundred and seventy-two, in the County
of Santa Cruz, to wit: John Connell and Henry Piley (on the twelfth),
who did not demand fees.

THOMAS WATSON,

Sheriff of Monterey County.
Jos. N. Dunning, Deputy.

I, John W. Whitney, Justice of the Peace of the County of Mon-
terey", before whom the annexed depositions were taken, do hereby
certify that John S. Payne, a witness duly subpoenaed to appear and
testify in this proceeding, appeared and asked that his deposition might
be taken tlien, being in poor health, and that the further taking of the
testimony of W. M. R. Parker be deferred for a time, ou the conclusion

209

of the second question to the said W. M. R. Parker, in his cross exami-
nation by the respondent; and the testimony of 8ai<l Payne was taken
on the twenty-seeond day of January, A. J). ei,ii;hteen hundred and sev-
enty-two, and signed by him; and the examination of the said W. M. R.
Parker was resumed and completed, and si<.nied by him.

JOHN W. WHITNEY,

Justice of the Peace,
San Juan Township, Monterey County,
State of California.

Respondent objects to the offer and admissibility of the pretended
original subpoena and return; it proves nothing, nor does it tend to prove
anj'thing. The witness, who says he served the subpoena, has been
asked as to its contents, and testifies in chief that he served the same
without the County of Monterej^, in the Town of Watson ville; and it
already appears that the service made upon Connell was void. (See
Payne's deposition.) If the contestant desired to prove any act or acts
of Connell they should be established by others, and not by Connell.

Q. — How did you serve said subpoena?

[Objected to; it is attempting to prove the contents of tlie paper
Avhich he himself offered, but which is irrelevant and incompetent.]

A. — By showing him the original and then reading the contents and
delivering a true copy thereof; he did not demand his fees.

Q. — What is the distance from the office of Justice Whitney to the
place where you served a subpoena upon Connell?

[Objected to.]

A. — Fifteen miles.

Q. — State whether you have, as an officer having a subpoena for the
following named persons, to wit: John Cockeril, Henry Hugo, Lawrence
Hysell, Van Valkenburg, Leander Emery, and John Janett, made search
for them? and if yea, what have you done in order to serve them with
subpoenas?

[Objected to as leading, irrelevant, incomj)ctent, immaterial, and
secondary.]

A. — Leander Emery I served with a subpoena; the other parties, after
diligent searoJi, I have been unable to find.

Pespondent now moves to strike out all the testimony of the witness
Dunning, and the subpoena and return, so called, asked to be attached
thereto, and waiving nothing, asks the following questions:

CROSS EXAMINATION.

Q. — What hour in the day of the tenth did you serve John Connell?

A. — About five o'clock p. m.; in Santa Cruz County.

Q. — How long have you known Kelleher?

A. — I think some nine or ten months.

Q. — How often had you seen him before the night you took supper at
the Montgomery House?

a; — At about the time I first became acquainted with him I saw him
perhaps every day for a week.

Q. — Do you know his christian name?

A. — I know; it is Jerry.

Q. — How do you know it?

27 J

210

A. — B_y bavins" a warrant of arrest in my hands, serving it, and bring-
ing him into Court.

Q. — You do not pretend to say there are not other men in the county
by the name of Kelleher?

A. — I do not.

Q. — You do know, do you not, that tliis Jerry Kelleher, with whom
you took supper, does not now and never did live in Salinas Precinct, in
this county?

[Objected to.]

A. — I don't know; he might have lived there sometime.

Q. — The night you speak of having taken sujDper at the Montgomery
House with Kelleher and other gejitlemen, is the same night you went
for, arrested, and brought the witness A. J. Eader, is it not?

A. — It is the same night I went foi', arrested, and brought him in the
next morning.

Q.- — You was then out on the hunt of witnesses, was 3'ou not? and did
you not at that time have a process for Jeremiah Kelleher?

[Objected to, the witness havijig already stated that he had a warrant
of arrest for the witness Eader. Counsel for respondent is attempting
to cause the witness to misunderstand him, therefore contestant objects.]

A.^ — I was on the hunt for no one but A. J. Eader; had no process for
Jeremiah Kelleher.

JOSEPH N. DUNNING.

TESTIMONY OP ABNEE S. MUEPHY.

Abner S. Murphy is now offered as a witness by contestant.
[Same objection to his being sworn and examined as made to the
examination of the witness Duuning.]

Abner &'. Murphy, being first duly sworn to testify the truth, the
whole truth, and nothing but the truth, in relation to ihe above entitled
contest, de^Doses and says:

Question — State your name, age, occupation, and residence?

Answer — Abner S. Murphy; age, thirty-nine years past; occujiation,
farmer; residence, Hollister Precinct, Monterey County.

Q. — Are you acquainted with John Janett?

A. — Yes, sir.

Q. — State whether or not you saw him on the sixth day of September,
A. D. eighteen hundred and seventy-one; if yes, w^iere?

A. — I did; at Hollister.

Q. — State whether or not you saw him near the voting place in said
Hollister Precinct on that day?

A.— I did.

Q- — St:ate, if you know, the political reputation of said Janett on the
sixth da}' of September, A. J), eighteen hundred and seventy-one; if yes,
state the same, and how 3^0 u know it?

[Objected to.]

A. — He was a Democrat; I had several conversations before and since
then with him; he was an uncompromising Democrat; he said so.

Q. — State where said Janett now is?

211

A. — T do not know.

RosponJcnt moves to strike out upon the same gi'ounds as in other
depositions, waiving nothing, now asks Mr. Murphy the following
questions:

CROSS EXAMINATION.

Q. — What are j'our political scntinjcnts, Republican or Democrat?

A. — I am a Jlepubliean.

Q. — AV^ere you subpoenaed to attend here, or did 3^ou voluntarily come?

A. — I was not subpoenaed; I was asked to come by letter.

Q. — Who was the author of the letter?

A. — Thomas Yost.

Q. — Is he the same Yost whose testimony has been twice taken in
these i^roceedings?

A. — I believe he is; he told me he had been here two or three times.

Q. — Was John Janett native or foreign born?

A. — I am quite sure that he was foreign born.

Q. — llow long had he been a resident of HoUister Precinct, Monterey
County, immediately next pi'eceding the sixth day of September, eighteen
hundred and seventy-one, to your knowledge?

[Objected to as immaterial.]

A. — About three years continuously; he had been farming; had raised
three crops there.

Q. — Had he not voted in said precinct at former elections?

[Objected to as immaterial and irrelevant.]

A. — I do not know.

Q. — Do you not know that the said John Janett had served in the
Union Array in the late war?

[Objected to as not in proper cross examination, and irrelevant.]

A.— Itlo not know myself; he told me he did, and I suppose he did.

A. S. MUEPIIY.

TESTIMONY OF EDMUND BURGH.

Edmund Burcii is now offered as a witness by contestant.
Same objection to his being sworn or examined as made to the exami-
notion of the witness Dunning.

Edmund BuRcn, being first duly sworn to testify the truth, the whole
truth, and nothing but the truth, in relation to the above entitled con-
test, deposes and says:

Question — State j'our name, age, occupation, and residence?
Answer — Edmund Bureli; age, thirty-six years; occupation, miner;
residence, Fresno County.

Q. — To what political party or organization, if any, do you belong?

A. — I am a Democrat.

Q. — Where were you about eight o'clock p. M. of last Friday?

A. — Montgomei'y House, at llollister, at the supper table.

Q. — State the names of all that were at the supper table at that time?

A. — Joseph Dunning, Colonel Heath, Jeremiah Kelleher, and myself.

212

Q. — After your party had retired from the dining room, state whether
or not you heard any conversation between A. Heath and Jeremiah
Kelleher?

[This testimony is all irrelevant, and is objected to.]

A.— I did.

Q. — State in detail, or the substance, if you do not recollect the actual
words of such conversation?

A. — I recollect a part; Heath asked Kelleher what business he fol-
lowed; Kelleher said he was a farmer; Heath asked him if his name
was not Michael, and he insisted that it was Jeremiah; I don't recollect
the entire conversation; he asked him Avhere he lived; he said that he
had a ranch in Santa Clara Count}'; that about two and a half months
ago he moved his family to Monterej' County, and is now engaged in
raising stock; he said that he voted for Thomas Beck, in Tres i'mos Pre-
cinct, Monterey County.

Q. — State whether ho in that conversation gave the informq,tion to
said Heath voluntarily, and also the reasons why he voted for Thomas
Beck?

[Objected to.] *"

A. — He gave it voluntarily; I don't remember exactly his reasons for
voting for Beck.

Q. — State whether or not anything was said in that conversation
ahout the unpleasantness of his wife's being compelled to live in Tres
Pinos Precinct, and if yea, state the same?

By Respondent. — This is a beautiful sysjtem of examination! It is re-
spectfully submitted to the Senate Committee for their careful perusal
and deserved criticism.

A.^There was; Mr. Kelleher said it was unpleasant, but at the same
time he did not expect to always live in that part of the countr>'; he
expected to return to his farm in Santa Clara County.

IJespondent moves to strike out all the testimony of the witness,
Burch; waiving nothing now, asks him the following questions:

CROSS EXAMINATION.
»

By Mespondent.— Then Mr. Heath went to interrogating Mr. Kelleher
as to what business ho followed; as to his name; whether it was not Mi-
chael; where he lived; and about and concerning his family, domestic
relations, and so forth; and fishing, generally, for the private concerns
and business of the gentleman, Mr. Kelleher, in your jDresence?

A. — He asked those questions, but in ditferent language.

Q. — I)o you not know there is more than one Jeremiah Kelleher in
this county?

A. — I do not.

Q. — Was not the Mr. Kelleher you speak of under the influence of
intoxicating liquors at the time Heath entertained him in the conversa-
tion you refer to?

A.^-He was not, that I could perceive.

Q. — Did he not manifest some silliness, in offering to loan his money,
as if intoxicated?

[Objected to, as this is not a farce.]

A. — He did not, that I could perceive.

Q. — While 3'ou claim to be a Democrat, are you not favorabl}^ dis-
posed to the contestant in this contest, and have you not business rela-
tions with him?

213

A. — I am not; they arc both friends oTniinc; 1 have business relations
with him.

Q — Are you subpoenaed us a witness in this ease?
A. — 1 am not.

RE-DIRECT EXAMIXATIOX.

By Contestant. — State whether j-ou are now here in tlie Town of San
Juan, and was here hist Friday night, for the purpose of being a witness
in this contest?

A. — I am not and was not.

Q- — Are your business rehxtions such as would induce you to give a
coloring in ^'our answers in favor of contestant?

[This question is objected to; it is unintelligible.]

A. — They are not.

By Respondent. — Are you a partner or an employe of contestant?

A. — I have an interest in the mine that he also owns in.

ED. BUECH.

TESTIMONY OF JOHN S. PAYXE.

John S. Payne being now offered as a witness by the contestant,
respondent objects to his being sworn or examined, upon the same
gi-ounds of objection made to the witness Heller and others being
sworn, no notice whatever being given for his testimony, the name of
Payne not appearing in the affidavit of Thomas Flint, the contestant, as
is the case with a large majority of the witnesses sworn.

John S. Payxe, being first duly sworn to testify the truth, the whole
truth, and nothing but the truth, iu relation to the above entitled con-
test, deposes and says:

Question — State your name, age, and residence?

Answei' — My name is John S. Payne; age, thirty-six years; resi-
dence, Pajaro Precinct, Monterey County.

Q. — Do you know John Connell; if yea, where did he reside on the
sixth day of September, A. D. eighteen hundred and seventy-one?

A. — To the best of my knowledge and belief, he was in Pajaro Pi'e-
cinct at that time.

Q. — When did you last see him?

A. — I think on .Moudaj', the eighth day of January, eighteen hundred
and seventy-two.

Q. — Had you any business transaction with him on that day; if yea,
what was it?

[Objected to, the business of Connell and Payne having nothing to do
with the contest of the seat of Senator Beck.]

A. — I did have business transactions; he owed me a bill, and paid the
account that day.

Q. — A.t the time he paid his account to j'ou did he give you any
information as to his reasons for paying you the same that day?

[Objected to.]

A. — He said he was about moving away and came in to pay his bill.

214

Q. — To what political party or organization, if any, do you belong?

[Objected to.]

A. — To none at present.

Q. — With what political organization were you connected on the sixth
day of September, A. D. eighteen hundred and seventy-one?

[Objected to.]

A. — I cannot say that I belonged to an}^ political organization that
would influence me to vote for j^arty and not for men; I voted for sonie
Democrats and some Eepublicans, and at the Judicial election voted the
whole Republican ticket, save one.

Q. — State whether or not you were anxious for the success of the
ticket that you yourself voted on that da}', and did you actively support
the same?

[Objected to.]

A. — I took no active part in that election, except for a member of the
lower house of the Legislature.

Q. — State whether, on the day of said election, you saw John Connell
at the polls or voting place any time during the day?

[Objected to.]

A. — I think not.

Q. — State, if jou know, the nationality of said John Connell; if yea,
state the evidence of your knowledge? •

[Objected to as immaterial.]

A. — I have no knowlege of my own. only my own ideas; sometimes
we are mistaken; I-believe him to be an Irishman; I would take him to
be an Irishman from his associations, appearance, and brogue.

Q. — State whether or not, at the time he paid you his account, he said
anything to you about having been served with a subpoena in this matter?

[Objected to as incompetent and immaterial.]

A. — 1 think not; I am not positive; if he did, I do not remember it.

Q. — At any time, either before or after he paid his account to you,
did he say anything to you about having been subpoenaed to apjjear at
San Juan tor any purpose; if yea, for what purpose?

[Same objection as to the last question.] •

A. — He informed me that, he had been subpoenaed to appear at San
Juan on the day of January, A. D. eighteen hundred and seventy-
two, to give evidence in the contested election case of Flint against Beck;
the subpoena that Mr. Connell had in his possession was not dated; that
is, he was not required in the subpoena to appear in San Juan at any
particular time in January; the word "forthwith " was not in the sub-
poena, nor was there an}' date put in to appear in January; the date of
the issuance by the Justice was at the bottom of the subpoena, I believe;
I read the subpoena that he showed me.

JNO. S. PAYNE.

Eespondent now moves to strike out the testimony of John S. Payne.

CEETIFICATE OF JUSTICE OF THE PEACE.

State op California, ]

County of Monterey. J

I, John W. Whitney, a Justice of the Peace in and for said county,
do hereby certify that the witnesses in the foregoing depositions named

215

were by me duly sworn to testify the truth, the whole truth, and nothing
but the truth; that said depositions were taken at the time and place
menlioneil in the annexed notice, to wit: at my office, in the Town of
Sun Juan, in the Countj^ of Monterey, in the State of California, and on
the eii^hth, ninth, tenth, eleventh, twelfth, thirteenth, tiftcenth, six-
teenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-second,
and twenty-third days of January, A. D. eighteen hundred and seventy-
two, between the hours of nine o'clock A. M. and six o'clock p. m. of said
da^'s; that said depositions were reduced to writing by Joseph Bowie,
and in my presence, and in presence of counsel for respondent and con-
testant, no objection being made by either respondent or contestant to
said Bowie's reducing said depositions to writing as mj- clerk, and when
completed were each severally by said Bowie in my presence and in the
presence of the counsel of said contestant and respondent carefully read
to said witnesses and each of them, and being by them and each of them
corrected, were by each individually subscribed in my presence.

In witness whereof I have hereunto subscribed my name this twenty-
third day of January, A. D. eighteen hundred and seventy-two.

JOHX W. WHITNEY,

Justice of the Peace in and for the Township of San Juan, Mtrnterey
County, State of California.

State of California, ")

County of Monterey. J

I, William M. K. Parker, County Clerk and ex officio Clerk of the
County Court in and for said county, do hereby certify that John W.
Whitney, before whom the foregoing and attached depositions were
taken, is a Justice of the Peace in and for sui<l county, duly elected and
qualified.

,"— '- — ^ In witness whereof I have hereunto set my hand and affixed
( ") the seal of the County Court of said county, this twenty-

\ * 3 third day of January, A. D. one thousand eight hundred

^> — Y — ' and seventy-two.

W. M. E. PAEKEPt,

Clerk.

NOTICE TO TAKE DEPOSITIONS.

In the matter of the contest pending in the S-nate of the State of California, as
to the right to have and hold therein th ' office of State Senator of the Sixth
Senatorial District of the State of California, consisting of the Counties of
Santa Cruz and Monterey, between Thomas Flint, contestant, and Thomas
Beck, respondent.

Thomas Flint, being duly sworn, on his oath says that he is the con-
testant above named; that the following named persons, to wit: C. A.
Imus, J. Bandy, Samuel G. Medley, A. J. Eader, John J. Janett, Leander
Emery, L. A." McKay, Eldridge H. Iliner, G. W. Leates, H. Stanley,

216

Jerome Perry, aud W. M. E. Parker, are material witnesses for affiant
and contestant upon the trial of the above mentioned proceeding and con-
test, and that they and each of them reside out of the County of Sacra-
mento, in said State of California, and in the County of Monterey, in said
State of California, and that said matter of contest and proceeding is
pending and will be tried in the said County of Sacramento.

THOMAS FLINT.

-I SEAL, i

Subscribed and sworn to before me, this nineteenth day of
December, A. D. eighteen hundred and seventy-one.

GEANT J. TAGGAET,

Clerk of Supreme Court.

NOTICE TO EESPONDENT.

In the matter of the contest pending in the Senate of the State of California, as
to the right to have and hold therein the office of State Senator of the Sixth
Senatorial District of the State of California, consisting of the Counties of
Santa Cruz and Monterey, between Thomas Flint, contestant, and Thomas
Beck, respondent.

To Thomas Beck, Respondent:

You will please take notice that Thomas Flint, the contestant above
named, will take the depositions of C. A. Imus, J. Band}', Samuel G.
Medley, A. J. Rader, John J. Janett, Leander Emery, L. A. McKay,
Eldridge H. Hiner, G. W. Leates, H. Stanley, Jerome Perry, and W. M.
E. Parker, before J. W. Whitney, a Jostice of the Peace in and for
the County of Monterey, in the State of California, at his office, in the
Town of San Juan, in said County of Montere}', State^f California, on
the eighth day of January, A. D. eighteen hundred and seventy-two,
between the hours of nine o'clock a. m. and six o'clock p. M. of said day,
and continue from day to da}' at the same place, and before said Justice
of the Peace, until the depositions of said witnesses are taken and com-
pleted, and that the depositio)is so taken will be offered and read in evi-
dence in behalf of contestant upon the trial of said matter in the Senate
of the State of California.

Eespeetfulh',

THOMAS FLINT, Contestant.
J. G. Eastman,

Attorney for Contestant.

State of California,
County of Sacramento, j

I hereby certify that I have served the within affidavit and notice upon
Thomas Beck, the respondent therein mentioned, by delivering to him a

217

certiried copy thereof, at the City and County of Sacramento, in the State
of Calilbruia, on the nineteenth day of December, A. 1). eigliteen hundred
and seventy-one.

J. W. HAWKINS,
Sergeant at Arms of the Senate..

NOTICES TO TAKE DEPOSITIONS.

In the matter of contest pending in the Senate of the State of California, as
to the right to have and hold therein the office of State Senator of the .
Sixth Senatorial District of the State of California, consisting of the
Counties of Santa Cruz and Monterey, between Thomas Flint, contestant,
and Thomas Beck, respondent.

TnoMAs Flint being duly sworn on his oath, says that he is the con-
testant above named; that the following named persons, to wit: Albert
Brown, Hiram Imus, Albert Heath, are material witnesses for affiant
and contestant upon the trial of the above mentioned proceeding and
contest, and that they and each of them reside out of the County of
Sacramento, in said State of California, and in the County of Santa Cruz,
in said State of California, and that said matter of contest and proceed-
ing is pending and will be tried in the said County of Sacramento.

THOMAS FLINT.

r-->^ — . Subscribed and sworn to before me, this nineteenth day of
C ") December, A. D. eighteen hundred and seventj^-one.

■s SEAL. >■

^^-^^ GEANT I. TAGGART,

Clerk of Supreme Court.

In the matter of contest piending in the Senate of the State of California, as
to the right to have and hold therein the office of State Senator of the
Sixth Senatorial District of the State of California, consisting of the
Counties of Santa Cruz and Monterey, between Thomas Flint, contestant,
and Thomas Beck, respondent.

To Thomas Beck, Respondent:

You will please take notice that Thomas Flint, the contestant above
named, will take the depositions of Albert Brown, Hiram Imus, Albert
H-eath, before E. Wellington, a Justice of the Peace in and for the
County of Santa Cruz, in the State of California, at his office in the Town
of Santa Cruz, in said county of Santa Cruz, State of California, on the
eighth day of January, A. I), eighteen hundred and seventy-two. be-
tween the hours of nine o'clock A. u. and six o'clock p. M. of said day,

218

and continue from day to day at the same place and before said Justice
of the Peace, until the depositions of said witnesses are taken and com-
pleted, and that the depositions so taken will be otTered and read in
evidence in behalf of contestant upon the trial of said matter in the
Senate of the State of California.

Eespectfully, THOMAS FLINT,

Contestant.
J. G. Eastman,

Attorney for Contestant.

State or California, ,

' ' ss.

County of Sacramento,

}

I hereby certify that I served the within affidavit and notice upon
Thomas Beck, the respondent therein mentioned, by delivering to him a
certified copj' thereof at the City and County of Sacramento, in the
State of California, on the nineteenth day of December, A. D. eighteen^
hundred and seventy-one.

J. W. HAWKIXS,
Sergeant at Arms of the Senate.

In the matter of the contest of the election of Thomas Beck as State Senator
of the State of California, in and for the Sixth Senatorial District, com-
posed of the Counties of Monterey and Santa Cruz, in said State.

Be it remembered that pursuant to the affidavit and notice hereunto
annexed, and on the eighth day of January, A. D. eighteen hundred and
seventy-two, at my office in the County of Santa Cruz, State of Califor-
nia, before me, E. Wellington, a Justice of the Peace in and for said
County of Santa Cruz, dul}- appointed and commissioned to administer
oaths, etc., personallj' appeared Albert Brown and Joaquin Adam, wit-
nesses produced on behalf of the contestant in the above entitled con-
test now pending before the Senate of the State of California, who being
by me first duly, sworn, and then and there exainined and interrogated
by A. Heath, Esq., of counsel for said contestant, and by "William M.
De Witt, Esq., of counsel for said respondent, testified as follows:

TESTIMONY OF ALBERT BROWN.

Albert Brown, the first witness being by me first duly sworn to state
the truth, the whole truth, and nothing but the truth, relating to the
above entitled contest, testifies as follows, to wit:

Question — State your name, age, and occupation?

211)

Answer — I am thirty-seven years of ap;e; my name is Albert Brown;
my occupatioD is County Clerk of Santa Cruz County.

On motion of contestant's counsel and for good cause shown, the
further taUing of the deiDositions herein is continued until January
ninth, eighteen hundred and seventy-two, at ten o'clock a. m.

January 9tli, 1872.
TESTIMONY OF ALBERT BROWN RESUMED.

Now comes the respondent Thomas Beck, by his attorne}', W. M.
De Witt, ami appears specially herein, without waiving his olijections to
the sutiicienc}^ of notice to take depositions herein, and ol»jocts to the
contestant taking further testimony herein, on the following grounds, to
wit:

First — On the ground that the contestant, Thomas Flint, has taken his
testimony herein and closed his case prior to the convening of the Legis-
lature of the State of California, on the fourth day of December, A. D.
eighteen hundred and seventy-one.

Second — That the testimony taken for contestant before the Commis-
sions of the Counties of Monterey and Santa Cruz has been closod, and
the de2')ositions and testimony reported to the Senate of the State of
California, the tribunal before which said contest is tried.

Third — On the ground that said contestant is going into his original
case after he has announced his testimony closed and his report in
before the Senate of the State of California.

Fourth — On the ground that the State Senate of the State of Cali-
fornia, the tribunal before which said contest is tried, has not ordered
the further taking of testimony in said contest.

Fifth — On the ground that no notice has been given for the taking of
depositions as required by law, and respondent does not waive his
objections thereto by his appearance herein.

Sixth — That said contest was set for hearing in the State Senate on
the eighth day of January, A. D. eighteen hun-dred and seventy-two.

Seventh — That the proceedings herein are unauthorized by law.

Eighth — That the depositions of Albert Brown and Hiram Imus have
already been taken herein; wherefore respondent asks that the testi-
mony taken herein be disregarded.

Q. — State, if you know, who has the charge and custody of the Great
Register of the County of Santa Cruz, and the returns of the general
election held on the sixth day of September, A. D. eighteen hundred and
seventy-one, in the County of Sania Cruz?

[Objected to by respondent, on the ground that the contestant herein
is going into his original case alter he has closed his testimony herein
beibre the Commission of the County of Santa Cruz; and on the further
ground that the witness Albert Brown has heretofore testified to that
fact, in a deposition heretofore taken by contestant herein, now on file^
among the papers in said contest in the State Senate of the State of
California.]

A. — I have, as County Clerk of said county.

220

On motion of contestant's counsel, and for good cause shown, the fur-
ther takiuii" of de^jositions herein is continued to January tenth, eighteen
hundred and seventy-two, at ten o'clock A. M.

The respondent herein objects to said continuance, on the ground
that there is no good reason why a continuance should be had, there
being a Avitness before the Commission ready for examination.

January 10th, 1872.
TESTIMONY OF ALBERT BEOWN EESUMED.

Question — What county officer has the charge and custody of the
records and the proceedings of the Board of Supervisors of Santa Cruz
County?

[Olijected to hy respondent, on the ground that it is irrelevant and
immaterial.]

Answei" — The County Clerk has, as ex officio Clerk of the Board of
Supervisors.

On motion of contestant's counsel, and for good cause shown, the fur-
ther taking the depositions herein is continued to January- eleventh,
eighteen hundred and seventy-two, at ten o'clock A. M.

The respondent herein objects to said continuance, on the ground that
there is no good reason why a continuance should be had, there being a
witness before the Commission ready for examination.

January 11th, 1872.

On motion of contestant's counsel, the further taklfig of testimony
herein is continued to January twelfth, eighteen hundred and seventy-
two, at ten o'clock A. M.

Objected to by respondent.

January 12th, 1872.

TESTIMONY OF ALBERT BROWN RESUMED.

Question — How long have you been acting as County Clerk of Santa
Cruz County?

Answer — It will be two years next March.

On motion of contestant's counsel, and for good cause shown, the fur-
ther taking of the depositions herein is continued to January thirteenth,
eighteen hundred and seventy-two, at nine o'clock a. m.

The attorney for the respondent objects to the continuance herein,
for the reason that there has been no sufficient cause shown, there being
a witness before the Commission ready for examination.

221

January 13th, 1872.
TESTIMONY OF ALBEP.T BROWX KESU^MED.

Question — Since said election of September sixth, A. D. eighteen hun-
dred and seventy-two, wlio has had the continuous control of the said
records and returns of saiil election of said Santa Cruz County?

[Objected to by the respondent, on the ground that the c(tntestant is
going into his original case, and that the witness Albert Brown has
already testitied in a Ibrmer deposition taken in this case, now on file
■with the pajiers in this case in the State Senate of the State of Cali-
fornia.]

Answer — I have had the control of the same.

On motion of contestant's counsel, and for good cause shown, the
further taking of the depositions is continued herein to January tifteenth,
eighteen humired and seventy-iwo, at nine o'clock a. m.

The attorney for the respondent objects to the continuance herein, for
the reason that there has been no sufficient cause shown, there being a
witness before the Commission readv lor examination.

, January 15th, 1872.

TESTIMONY OF ALBEET BEOWX EESUMED.

Question — Have the records and returns of said election been out of
3'our custody at any time since said election?

[Objected to on the ground that it is irrelevant and immaterial, and
on the further ground that the witness has testified to the same fact in
his former deposition, taken in this contest]

Answer — They have not.

On motion of contestant's counsel, and for good cause shown, the fur-
ther taking ol the deposidons herein is continued to January sixteenth,
eighteen hundred and seventy-two, at nine o'clock a. m.

The attorney for the respondent objects to the continuance herein, on
the ground that there has been no sufficient cause shown, there being
a witness before the Commission ready for examination.

January IGth, 1872.
TESTIMONY OF ALBERT BEOWN EESUMED.

Question— Y"ou state that as Clerk of this county you are custodian of
theGreat Eegi.ster of this county; where is the Great Eegister?

Answer — I have it here with me.

Q.— Please examine the Great Eegister and state if \Y. H. Morris and
P. V. Wormser, or either of them, ai-e on the Great Eegister?

[Objected to by respondent, on the ground that the witness Albert
Browii has already testified as to the fact in a Ibrmer deposition taken

222

in this contest and now before the Senate, the tribunal before which
this contest is tried.]

A. — I do not find the names of either P. V. A7ormser or W. H. Morris
on the Great Eegister.

Q. — Please examine the Great Eegister and state if John Kelley, Jose
Buelna, James Oliver, Thomas Kerns, and Addison Moore, or either of
them, were placed on the Great Eegisterj if so, state the date of their
registration ?

[Objected to on the same ground of the last objection interposed.]

A. — I find the name of John Kelley, registered September fourth, eigh-
teen hundred and seventy-one; also, the name of Jose Buelna, registei'cd
September fifth, eighteen hundred and seveuty-one; also, James Oliver,
registered August thirtj'-first, eighteen hundred and seventy-one; also,
Thonias Kerns, registered October twentieth, eighteen hundred and
sixty-eight; also, Addison Moore, registered August thirty-first, eigh-
teen hundred and seventy.

Contestant now ofters in evidence the original Great Eegister of Santa
Cruz County.

AVitness states that he has no authority to allow the Great Eegister
to go out of his custody, and refuses to surrender the same.

Q. — Have you here with you the original election returns of the elec-
tion held September sixth, eighteen hundred and seventy-one, in the
State of California, for Santa Cruz and Pajaro Precincts?

A. — I have the voting lists of the two precincts here with me.

Q. — Please examine the list of Santa Cruz^ Precinct and state if P. V.
"VYormser, Jose Buelna, and John Kelley voted in said precinct at the
last general election, held September sixth, eighteen hundred and sev-
enty-one, in the State of Calitbruia.

[Objected to on the ground that the witness has been formerly examined
in a deposition heretofore taken in this case prior to the convening of the
Senate in December, eighteen hundred and seventy-one; and on the
further ground that the contestant closed his case prior to the convening
of the Senate of the said State of California in December, eighteen hun-
dred and seventy-one; and upon the further ground tl^t the contestant
is going into his original case, and that the Senate has made no order for
the further taking of testimony herein.]

A. — I find the names of John Kelley, P. V. "Wormser, and Jose Buelna,
as having voted at said election.

Q. — Please examine the voting list of Pajaro Precinct, in this county,
and state if W. H. Morris, James Oliver, Addison iMoore, and Thomas
Kerns, voted ^at the lust general election, held September sixth, eighteen
hundred and seventy-one, in this State. *

[Objected to on the ground that the witness has been formerly examined
in a deposition heretolbre taken in this casei^rior-to the convening of the
Senate in December, eighteen hundred and seventy-one: and on the
further ground tbat the contestant closed his case prior to the convening
of, the Senate of the State of Calilbrnia in December, eighteen hundred
and seventy-one; and uj^on the further ground that the contestant is
going into his original case, and that the Senate has made no order for
the lurther taking of testimony herein.]

A. — I find that W. II. Morris, James Oliver, Addison Moore, and
Thomas Keri^s, voted in i'ajaro Precinct, September sixth, eighteen hun-
dred and seveuty-one.

Contestant now otters in evidence the original election returns of Santa

223

Cruz anrl Pajaro Precincts of the f!;cneral election hcM in this State on
»5oj)leniber sixtli, oiglitcfii hurnired and .sevfiity-oiie.

Jicspon<lont objects to the introduction of said returns in evidence, on
the following grounds, to wit: First, that the said contestant (Thomas
Flint) herein, has already taUen his testimony in said contest before a
Commission in .Santa Cruz County, prior to the convening of the vSenaie
of the ytate of California on the fourth da}' of December, eighteen hun-
dred and seventj^-onc, and that said contestant then and there closed his
case; second, that the said contestant herein is going into his original
case; third, that the Senate of the State of California has not ordered
the further talcing of testimony herein.

The witness objects to allowing the said election returns to go out of
his custody.

Q. — You have stated that as ex officio Clerk of the Boai-(l of Super-
visors, you are the custodian of the minutes of the said Board. Where,
now, is the minute book of said Board?

A. — I have it here with me.

(i- — Please refer to said minutes and state whether the vote of Santa
Cruz County cast at the last general election, on September sixth, eigh-
teen hundred and seventj'-one, was otticially canvassed by the Board of
Supervisors of this county?

[Objected to on the ground that it is secondary and not the best evi-
dence.]

A. — It was officially canvassed on Monday, September eleventh, eigh-
teen hundred and seventy-one.

Q. — Please state the number of votes received by Thomas Flint and
Thomas Beck, respectively, candidates for Senator from the Sixth Sena-
torial District of the State of California, composed of the Counties of
Monterey and Santa Cruz, in each election precinct in Santa Cruz
County?

[Objected to on the ground that it is secondary and not the best evi-
dence, and upon the further ground that the witness has heretofore testi-
tied to these facts in a deposition taken on the twenty-ninth or thirtieth
day of JS'ovembei', eighteen hundred and seventy-one, and now on file
among the papers of said contest before the Senate of the State of Cali-
fornia.]

A. — rhoma« Flint I'cceivcd in New Year's Point Precinct fiftj-two
votes. Thomas Beck received in New Year's Point Precinct nineteen
votes. In San Lorenzo Precinct, Thomas Flint received seventy-six
votes, and Thomas Beck received one hundred votes. In Scott's Valley
Precinct, Thomas Flint received forty-six votes, and Thomas Beck
received thirty-six votes. In Santa Cruz Precinct, Thomas Flint received
four hundred and tifty-two votes, and Thomas Beck received three hun-
dred and thirty-seven .votes. In Soquel Precinct, Thomas Flint received
one hundred and forty-seven votes, and Thomas Beck I'eceived one hun-
dred and twenty votes. In Pajaro Precinct, Thomas Flint received two
hundred and seventy votes, and Thomas Beck received two hundred and
four votes. In Coi-alitos Precinct, Thomas Flint received fifty-one votes,
an.d Thomas Beck received fifty-nine votes.

Contestant now offers in evidence the original official minutes or record
of the Board of Sujjervisors of Santa Cruz County.

Pespondeut objects to the introduction of the said minutes or i-ccord
of the Board of Supervisors on the following grounds, to wit:

First—Thiit the said contestant (Thomas Flint) herein, has already

224

taken his testimony in said contest befoi'e a commission in Santa Cniz
County prior to the convening of the Senate of the State of California
on the fourth day of December, eighteen hundred and seventy-one; and
that said contestant then and there closed his case.

Second — That the said contestant herein is going into his original
case.

Third — That the Senate of the State of California has not ordered the
further taking of testimony herein.

The witness objects to the said record being taken from his custody.

Contestant now offers in evidence a certified copy of the official can-
vass of the whole vote cast at the last general election, held September
sixth, eighteen hundred and seventj-one, for Thomas Flint and Thomas
Beck, respectively, as joint State Senator, in each election precinct in
Santa Cruz County, hereto annexed and marked Exhibit "A."

Objected to on the ground that the contestant herein has introduced,
or attempted to introduce, the original record of the Board of Super-
visors with regard to the canvass of said vote, and now seeks to intro-
duce a certified copy of said record, and that said evidence is secondary
and cumulative.

Contestant offers in evidence a certified copy of indictment entitled
"The People of the State of California against Thomas Kerns," with
the indorsements thereon, filed as a record of the County Court of Santa
Cruz Count}", January eighth, eighteen hundred and sixtj^-nine. Also,
certified copies of proceedings in case entitled " The People against
Thomas Kerns," hereto annexed and marked Exhibit " B."

Eespondent objects to the introduction of the record herein, on the
ground that there has been no foundation laid for the introduction of
said evidence, and upon the further ground that it is irrelevant and im-
material; and also upon the further ground that said indictment and
record herein was formerly introduced in evidence before a commission
instituted in the County of Santa Ouz for the purpose of taking testi-
mony in said contest, on or about the twenty-ninth or thirtieth of No-
vember, eighteen hundred and seventy-one, and now before the State
Senate of the State of California.

Now comes the respondent, by his attorney, and nio'fes to strike ou-t
the foregoing deposition of Albert Brown and the "Exhibits" herein, on
the following grounds, to wit: »

First — -That the contestant herein, Thomas Flint, closed the testimony
of the said contestant on the twenty-ninth or thirtieth day of Novem-
ber, eighteen hundred and seventy-one, and aniiounced on said day or
days that he closed said testimony.

Second — On the ground that the deposition of Albert Brown was for-
merly taken before the commission instituted in the County of Santa
Cruz for the purpose of taking testimony in said contest, and said testi-
mony already reported to the State Senate before the convening thereof.

Third — That there has been no order of the State Senate of the State
of California for the taking of further testimony herein.

Fourth — That the testimonj^ of said Brown is identical with that taken
in the former deposition herein.

Fifth — The proceedings herein are unauthorized by law.

CROSS EXAMINATION.

Q. — Was or was not j^our deposition taken on or about the twenty
ninth or thirtieth day of November, eighteen hundred and seventy-one"

225

in the said contest, and reported to the Senate of the State of Cali-

A. — I think it was on or about that date.

Q. — Was the testimony given at that time the same as you have testi-
fied to in the foregoing deposition?

A. — I ilo not remember my testimon}' at that time; I thinic it was
similar; the same documents were used.

ALBERT BROWN.

TE3TI3IONY OF JOAQUIN ADAM.

Joaquin Adam, a witness produced on behalf of contestant, being
by me first duly sv/orn to testify to the truth, the whole truth, and
nothing but the truth, in relation to the contest herein, testifies as fol-
lows, to wit:

[Counsel for respondent objects to the- examination of Joaquin Adam,
on the gi-ound that there has been no notice for the taking of the depo-
sition of Joaquin Adam given to respondent, he not being one of the
parties named in the affidavit and notice for talking depositions herein.]

Question — What is j'our name, age, and place of residence?

Answer — My name is Joaquin Adam; my age is thirty-four years; m}'
residence is at Simta Cruz.

Q. — What is 3'our occupation?

A. — Catholic pastor of Santa Cruz.

Q. — As such pastor, are you the custodian of the parish register of
births, kept in and for said j^arish?

A. — Yes, sir.

Q. — From what time and up to what time does the register purpoft to
record the time of birth of children in this parish?

[Objected to on the ground tliat it is irrelevant and immaterial.]

A. — From the ninth of October, A. D. seventeen hundred and ninety-
one, to the second day of June, A. D. eighteen hundred and fifty-seven.

Q — Will you please examine this paper, and state if it is a true co'py
of the original entries in the parish register now in your custody?

Witness is here sKown a pa]ier written in the Spanish language,
marked "Exhibit C."

[Objected to on the ground that there has been no foundation laid for
said testimony, and that it is irrelevant and immaterial.]

A.— It is.

Q. — Please examine this paper, and state if it is a full, true, and cor-
rect translation from S])anish into English of the original entries as they
appear from the parish register now m your custody?

Witness is here shown a paper marked " Translation — Exhibit D," for
inspection.

[-Objected to on the ground that there has been no foundation laid for
said testimony, and that it is irrelevant and immaterial.]

A. — Yes, sir.

226

Contestant now offers in evidence paper marked " Translation — Exhibit
D," and j^articularlj' the entry therein numbered two thousand eight
hundred and seventy-one, purporting to record the date of the birth and
baptism of Jose de Las Santos de Atocha Buelna.

[Objected to by the respondent on the ground that it is secondary and
not the best evidence, and on the further ground that it is irrelevant
and immaterial, no foundation having been laid for the introduction of
such evidence.]

Counsel for the respondent now moves to strike out the deposition of
Joaquin Adam taken herein, and the exhibits attached thereto, on the
following grounds, to wit:

First — That the deposition of Joaquin Adam, as to the same facts, was
heretofore taken in said contest prior to the convening of the Senate of
the State of California, on the fourth day of December, eighteen hun-
dred and seventy-one, and is now on file among the papers of said
contest.

Second — That the contestant herein, Thomas Flint, closed his case on
or about the thirtieth day of ISTovember, eighteen hundred and seventy-
one.

Third — On the ground that resiDondeut had no notice of the taking of
the deposition of Joaquin Adam.

CROSS EXAMINATION.

Q. — In the entries made in the parish register with regard to the birth
and baptism, does the word " birth " have an}^ relation to the physical
birth of the child named therein?

A. — Yes, it has.

Q. — Is the record of the parish register evidence as to the time of the
birth of an individual?

A. — Yes, sir.

Q. — Does number two thousand eight hundred and seventy-one, in
"Exhibit D," bear any relation, in the entry made therein, to any other
entry made in " Exhibit D?"

A. — It stands independent of any other entry.

DIRECT EXAMINATION RESUMED.

Q. — Admitting that every entrj' in the register is independent of its
fellows, as to the subject of which it treats, now is it or is it not a fact
that entry two thousand eight hundred and seventy-one depends on entry
two thousand eight hundred and sixty-seven for the year in which the
former was made?

A. — Yes, sir.

Q. — Please state what was the custom of your predecessors in oflSee,
the old Fathers, as to the entries in the register with respect to the year
in which the child was born, if you know?

[Objected to on the ground that the register is the best evidence of
that fact.]

A. — The custom, as it appears from this same register, was, in the
beginning of each year, to express it by number, and then sometimes
afterwards they will repeat the year with numbers, or the}' will merely
say the date of the month "of this year."

JOAQUIN ADAM.

227

[Exhibit A.]

ELECTION EETUHNS OF SANTA CEUZ COUNTY.

State of California, County op Santa Cruz, )

Monday, September 11th, A. 1>. 1871. j

The Board of Supervisors met pursuant to adjournment.

Present, Supervisors Jacob Parsons, P. F. Dean, George Anthony, and
the Clerk.

The Board now proceeds to canvass the returns from the several
precincts of the general election held September sixth, A. D. eighteen
hundred and seventy-one, and, upon examination, find the following to
be the votes cast for all officers voted for at said general election:

PRECINCTS.

FOR STATE SENATOR.

Thomas Beck.

Thomas Flint.

New Year's Point

San Lorenzo

Scotts Valley

Santa Cruz ,

Soqnel

Pajaro

Corralitos

Totals

Albert Hagan appearing before the Board and demanding a recount
of each election precinct on the office of joint Senator, the Board
recounted the votes of all the precincts in the county, and find the vote
to be as follows, viz:

For Thomas Beck, for State Senator 1,094 votes.

For Thomas Flint, for State Senator.. 875 votes.

' The Board does now adjourn until Monday, the twenty-third of Octo-
ber, A. D. eighteen hundred and seventy-one.

JACOB PAESONS,

Chairman.

Attest: Albert Brown, Clerk.

State op California, ")

County of Santa Cruz. J

SB.

I, Albert Brown, County Clerk of the County of Santa Cruz and ex
officio Clerk of the Board of Supervisors thereof, do hereby certify that

228

the foregoing is a full, true, and correct copy of the proceedings had b}''
said Boai'd, as appears upon their minutes, relative to the counting and
recounting of the vote cast for State Senatoi'. at an election held in said
county September sixth, eighteen hundred and seventy-one.

As witness my hand and the seal of the County Court,
this sixteenth day of January, A. D. eighteen hundred
and seventy-two.

ALBERT BEOWI^,

County Clerk.
By E. L. Williams, Deputy.

[Exhibit B.]

INDICTMENT OF THOMAS KERNS.

State op California.

In the County Court of the County of Santa Cruz, at its January term,
A. D. eighteen hundred and sixty-nine.

The People of the State of California against Thomas Kerns:

The said Thomas Kerns is accused by the Grand Jur^- of the County
of Santa Cruz, State of California, by this indictment, found this eighth
day of January, A. D. one thousand eight hundred and sixty-nine, of
the crime of knowing!}^ and willingly causing himself to be registered
in the Great Register of said county, he not being qualified for such
registration, committed as follows: The said Thomas Kerns, on or about
the twentieth day of October, A. D. eighteen hundred and sixty-eight,
at the county and State aforesaid, did knowingly, vwllingly, fraudu-
lentlj', and unlawfully cause and procure himself to be registered in the
Great Register of Santa Cruz County, State of California, knowing him-
self ]"iot to be entitled to or qualified for such registration, contrary to
the form, force, and effect of the statute in such cases made and provided,
and against the peace and dignity of the peojjle of the State of Cali-
fornia.

JULIUS LEE,

District Attorney.

Name of witness examined before the said Grand Jury, on finding
the foregoing indictment: H. H. Hobbs.

Indoi'sed:

County Court, County of Santa Cruz. The People of the State of Cali-
fornia against Thomas Kerns. Indictment for misdemeanor. A true
bill: H. F. Redman, Foreman of the Grand Jury.- Presented by the
Foreman of the Grand Jurj', in the ])rcsencc of the Grand Juiy, in
open County Court of the County of Santa Cruz, State of California,

229

and filed as a record of said Court, this eic^hth day of January, A. D.
eic-hteen hundred and sixty-nine. H. H. llobbs, Clerk. By James O.
Wanzer, Deputy Clerk.

Monday, January 11th, 1869.

County Court met pursuant to adjournment.

Present — Honorable Albert Hagan, Judge; the Clerk and the Sheriflf.

The People of the State v. Thomas Kerns.

The District Attorney and the defendant and his counsel being in
Court, the defendant is now duly arraigned by the Clerk reading to him
the indictment herein, and presenting him with a true cop}- thereof ;
and defendant stating that he is indicted by his right name, he is allowed
until to-morrow morning, at ten o'clock, to pleadlo said indictment.

Tuesday, January 12th, 1S69.

County Court met pursuant to adjournment.

Present — Honorable Albert Hagan, Judge; the Clerk and Sheriff.

The People of the State v. Thomas Kerns.

This being the time set for the defendant to plead to the indictment
herein, defendant, by his counsel, now files a demurrer to said indict-
ment, and a motion to set the same aside, which both being argued and
submitted, the Court overrules said demurrer, defendant, by counsel,
excepting, and the said motion is taken under advisement.

Wednesday, January 13th, 1869.

County Court met pursuant to adjournment.

Present — Honorable Albert Hagan, Judge; the Clerk and Sheriff.

The People of the State v. Thomas Kerns.

The People of the State v. Thomas Kerns, Thomas Commody, Thomas Boyle,
Peter Fris^ James Tynan, and Thomas Monohan.

On motion of the District Attorne}', in the above named causes, it is
ordered that a nolle prosequi be entered in each, and that they be dis-

230

charged from custody, and go hence without day; and it is further
ordered that the names of the aforesaid defendants be canceled upon
the Great Register of Santa Cruz County.

ALBERT HAGAN,

County Judge.
Attest: H. H. Hobbs, Clerk.

By James O. Wanzer, Deputy.

State of California, ")

County of Santa Cruz. ]

I, Albert Brown, County Clerk of the County of Santa Cruz, and
ex officio Clerk of the County Court thereof, do hereby certify that the
foregoing is a full, true, and correct copy of an indictment novv existing
among the files of said Court at this date: and also, of all the entries in
the minutes of said Court in the cause of The People versus Thomas
Kerns.

■J seal. I

As witness my hand and the seal of said Court, this fif-
teenth da}^ of January, A. D. eighteen hundred and sev-
enty-two.

ALBERT BROWN,

County Clerk.

[Exhibit C.J

EXTRACT FROM PARLSH REGISTER.

The undersigned certifies that the following entries are found in the
First Book of Baptism of this parish, and are as follows*

2867. Feliciane Abel, B-^p^— En 23 de Octubre, de 1850, ano del
tenor, bautize solemnemente y puse lor S*°^ oleos y crisma a un parbulo
que nacio el dia veinte del corriento a quien puse por nombre Feliciano
Abel, y hijo legitime de Frau'^" Alzina y Carlota Gonzalez, y fueron sus
padrinor, Felipe Gonzalez y Natividad Gonzalez, hermanos a quienes
impuse la obligacion que tenian y lo firme."

FILOMENO URSUA.

2868. Jose Miguel. — En 27 de Octubre de este ano bautize solemne-
mente y puse lor 8"^°* oleos y crisma a un parbulo nacido et 29 de Sep'' jDa-
sado a quien puse por nombre Jose Miguel hijo de Jose Pio Castro }' Maria
Zalazar, fueure sus padrinos Guadalupe Castro, solt°, y Barbara Bomero,
8olt°, a quienes adverti lo debido y lo firme.

Fr. JOSE ANT° ANZAR.

2869. Maria de la Trinidad de la Cuebe Santa.— En 27 Octubre de
este alio, bautize solemnemente y puse los S'°s oleos y crisma a una
parbula nacida el dia 2 de este, a quien puse por nombre Maria de la Trini-

231

dad de la Cueha S'% hija 1. do D" Jose Eoleoff y do D'^ Candida Castro.
Fueron sus pad°^ et prosb" D^^ Filomeno Ursua y D"^ Jacinta Castro Solb%
a quienes se adverti lo debido y lo tirme.

Fr. J. A. ANZAE.

2870. Jose JN'areiso, B. — En 31 de Octubre de este afio, bautize sol-
emnemente y puso los S'"^ oleos 3' crisma a una parbulo nacido el 26 de
esta pusc por nombre Jose Narciso, hijo de Facondo Eodriguez y de Gua-
dalupe Eoble. Fueron sus pad° Benito Amaya Casada, con Eafaela Rod-
riguez, y Juana Castro Casada, eon Guan Bp^^ Frances, a quienes adverti
lo debido y lo firme.

Fr. J. ANT" ANZAE.

2871. Jose de Los Santos Atocha, B. — En 1 de Noviembre de este
ano, bautize solemneniento y puse los S*°^ oleos y crisma a un parbulo
nacido hoy misnio a quien puse por nombre Jose de los S'°^ de Atocha, hijo
do Eamon Buelna y de Eafaela Perez, fueron sus pad® Jose Chapel y M^
Josefa Soto, conjuges, a quienes adverti lo debido y lo firme.

2872. M* de los Dolores del Espiritu 1 to — Incontinente al otro par-
bulo que ambos son geraelos nacido en el mismo dia a quien puse por nom-
bre Maria, de los Dolores Spiritu 1 to, hija y hermana del anterior y de
los mismos pad^ Eamon Buelna y Eafaela Perez. Fueron sus pad^ Filipe
Gonzalez, vind, y M^ Matilde del Eefugio Buelna, a quienes adverti lo de
bido y lo firme.

Fr. JOSE AKTo ANZAE.

2873. M'^ Elodia, B. — En 9 de Noviembre de 1850, bautize solemne-
raente a Maria Elodia Alta Graeia, la que nasio el 23 de Octubre, y hija
legitima de Benito Amalla y de Eafaela Eodriguez, y fueron sus padrinos
Jacunda Eodriguez y Guadalupe Eobies.

FILOMENO UESUA.

c — "■ — , x\nd that it may be kown to all those interested, I put my
( ] baud and seal of this parish, on the 15th Januarj', 1872.

K SEAL, V

■_,-^ J. ADAM, C. P.,

Of Santa Cruz.

[Exhibit D.]

The undersigned certifies that on the first Eegister for Baptisms of
this parish the following entries are registered:

2867. Feliciano Abel. — On the twenty-second of October of eighteen
hundred and fifty, year of our Lord, I baptized solemnly and put the
holy oils and chrism to a child who was born on the twentieth instant,
to whom I gave the name of Feliciano Abel, legitimate son of Francisco
Alzina and'Carlota Gonzalez, and the sponsors were Felipe Gonzalez
and Natividad Gonzales, brother and sister, to whom I made knowu the
obligation they had contracted, and I signed it.

FILOMENO UESUO.

232

2868. Jose Miguel. — On the twenty-seventh October, of this year, I
baptized solemnly, and I put the holj^ oils and chrism to a child born on
the twentj'-ninth of last September, to whom I gave the name of Jose
Miguel, son of Jose Pio Castro and Maria Zalazar. His sponsors were
Guadalupe Castro, unmarried, and Barbara Eomero, unmarried, to whom
I advised their duty, and I signed my name.

Fr. JOSE ANTONIO ANZAE.

2869. Maria de la Trinidad de la Cueba Santa. — On the twenty-
seventh of October of this year, I baptized solemnly and I put the hoi}''
oils and chrisn^ to a girl born on the second of this month, to whom I
imposed the name of Maria de la Trinidad de la Cueva Santa, legitimate
daughter of Jose Bolcoff and Candida Castro. Her sponsors were the
Eev. D. Filomeno Ursua and Dr. Jacinta Castro, unmarried, to whom I
let known their obligation, and I signed my name.

Fr. J. A. ANZAR.

2870. Jose Xarciso. — On the thirtj'-first of October of this 3'ear, I
baptized solemnly and I put the hoi}- oils and chrism to a child born on
the twenty-sixth of this month, to whom I gave the name of Jose Nar-
ciso, son of Facundo Eodriguez and Guadalupe Eobles. His sponsors
were Benito Amaya, married to JRafaela Eodriguez, and Juana Castro,
married to Juan Baptist French, to whom I made known their obliga-
tion, and I signed mv name.

Fr. J. ANTONIO ANZAE.

2871. Jose de Los Santos Atocha. — On the first of November of
this year, I baptized solemnly and I put the holy oils and chrism to a
child born to-day, to whom I gave the name of Jose de Los Santos
Atocha, son of Eamon Buelna and Eafaela Perez. His sponsors were
Jose Chapel and Marj' Josefa Soto, consorts, to whom I advised their
obligation, and I signed my name.

2872. Immediately after, I baptized the other child, for they were
twins, born on the same day, to whom I gave the name of Maria Dolores
del Espiritu Santo, sister of the above mentioned and daughter of the
same parents, Eanion Buelna and Eafaela Perez. Her sponsors were
Felipe Gonzales, a widower, and Ma. Matilda del Eefugio Buelna, to
whom I adverted their obligation, and I signed m}^ name.

Fr. JOSE A. ANZAE.

2873. On the ninth of November of eighteen hundred and fit^y, I
baptized solemnly Maria Elodia Alto Gracio, who was born on the
twenty-third of October, and legitimate daughter of Benito Amalta and
Eafaela Eodriguez. Her sponsors were Facundo Eodriguez and Guada;
lupe Eobles.

FILOMENO UESUO.

N. B. (Next page begins the year eighteen hundred and fifty-one.)

And I certify that these are faithful translations of the entries as they
stand on the first Eegister of Baptisms in the Spanish language, and to
make faith I put the seal of this parish.

Santa Cruz, January 15th, 1872.

[SEAL.] J. ADAM, C. P.

233

State op California,
County of Santa C

niz. j

Joaquin Adam, boini? first duly sworn, saj's: That he is well acquainted
with the Spanish and English languages, and competent to t)-anslato
from P^nglish into Spanish, and from Spanish into English, and that the
foregoing is a full, true, and correct translation into Knglish of the ori-
ginal entries as they appear and are of record in the original parish
register of births, now in ni}' custoily, from number two thousand eight
hundred and sixty-seven to number two thousand eight hundred and
seventy-three, botli inclusive.

JOAQUIN ADAM.

Subj5cribed and sworn to before m.e, this sixteenth day of January, A. J).
eighteen hundred and seventy-two.

E. WELLIXCiTON, J. P.,

Santa Ci-uz Township.

CERTIFICATE OF JUSTICE OF THE PEACE.
State of California,

E OF California, ")

County of Santa Cruz, j ' '

I, E. Wellington, a Justice of the Peace in and for said county, do
hereby certify that the witnesses in the foregoing depositions named
were by me dul}' sworn to testily the truth, the whole truth, and nothing
but the truth; that said depositions were taken at the time and place
mentioned in the annexed affidavit and notice, to wit: at the office of E.
Wellington, in the Town of Santa Cruz, in said County of Santa Cruz,
in the State of.California, and on the eighth, ninth, tenth, eleventh,
twelfth, thirteenth, fifteenth, and sixteenth da^ys of January, A. D.
eighteen hundred and seventy-two. between the hours of nine A. M. and
six P. M. of said da^-s; that said depositions were reduced to writing by
M. V. Bennett, in my presence and under my direction, and. when com-
pleted, were carefully read to said witnesses b}^ said K. V. Bennett, in
my presence and under my direction, and being by them corrected, were
by them subscribed in my presence.

In witness whereof I have hereunto subscribed mj' name and affixed my
i:>rivate seal, I having no seal of office, this sixteenth day of Jan-
uary, A. D. eighteen hundred and seventy-two.

[seal.] E. WELLIXCTON,

Justice of the Peace, Santa Cruz Township.

REPORT

STATE HOSPITAL COMMITTEE

IN REFER E>'Ct; TO THK

INSANE ASYLUM AT STOCKTON

T. A. SPRINGER STATE PRINTER.

REPORT.

Senate Chamber, March 2d, 1872.
Mr. President:

The Committee of the Senate on State Hospitals visited, on the third
ultimo, the Insane Asylum at Stockton, and after a careful and thorough
examination of all the dej)artments, beg leave to report as follows:

The male wards, crowded beyond repletion, is a matter for the earnest
attention of the members of this body. The department referred to is
during dajdight apparently free from objectionable features, as the
patients have the range of the grounds and yards, and are not sub-
jected to the inconveniences they experience at night. At the hour the
patients retire to their rooms many apartments with only sufficient
space for sleeping accommodations for three or four persons Avere found
crowded with from seven to ten. After being compelled to use all the
possible space in the rooms set apart for patients at night, two hundred
and thirty-five persons are furnished with mattrasses and blankets, and
seek the cold floor for the rest that is particularly required by persons
suflTering with disease of the brain.

The female wards, though not containing as many persons as the male
wards, are required to crowd their patients in the dormitories and make
availalDle of space that should be used for other jDurposes that would in
the general treatment of the occupants conduce greatly to their com-
fort.

After expending three days in the investigation of the affairs of the
institution your committee have unanimously concluded to report that so
far as the conduct, general management, and cleanliness of the establish-
ment is concerned, it is unequaled. The books, thoroughly examiiied,
were found correct. The patients, with but few exceptions, appeared to
entertain the best feeling for those who presided over and controlled
them. The actions of the officials in charge should be commended for
their exertions in providing in a space capable of accommodating about
five hundred persons, one thousand and seventy-five insane patients.

In this connection your committee recommend the following ai:)propri-
ations for the support of the asjdum for the two fiscal years ending June
thirtieth, eighteen hundred and seventy-four, and they would beg leave

to state that previous to their acceptance of the estimate a careful exam-
ination was made in reference to the sums required and for the purposes
the money was to be expended for.

ESTIMATE.

Support for the Asylum for the next two years, at S200,000
per year, which includes support of patients, attendants'
salary, and in fact all expenses of the establishment, inde-
pendent of improvements required

Two new boilers for laundry

Board fence twelve feet high to encircle the entire grounds
to prevent escapes

New floors in the center and north wings of the male depart-
ment

Grading and graveling walks and streets bounding on the
State property

One forty-four inch washer for laundrj'

One thirty-six inch centrifugal wringer for lauiuhy

One mangle iron, complete, for laundry

8400,000 00
1,800 00

6,280 00

2,100 00

Total ,

5,850

GOO

400

600

$417,630

The estimate for maintenance is based upon the supposition that before
the expiration of June, eighteen hundred and seventy-lour, the number
of patients will be considerably increased, as the ratio for the past ten
years shows an alarming increase of those whom the State is compelled
to confine to protect lives and property.

As a measure which will explain to the Senate the necessit}^ for a
branch institution will be submitted to the Senators for their a2:»proba-
tion in a short time your committee does not deem it necessary to enter
fully into the plans discussed in reference to the construction of the
same, but they desire to state in this report the immediate necessity for
making such provisions for the poor unfortunates as Avill insure comfort-
able accommodations, and to indorse and recommend the location of such
a branch establishment in some one of the counties adjoining the Bay of
San Francisco.

The best authorities assert, and from observation your committee con-
cur, that no asylum for the insane should contain more than six hundred
patients at one time. At the Stockton Asylum are crowded into the
place hardly capable of furnishing accommodations for five hundred
sane persons, one thousand and seventy-five people suifering under all
imaginable diseases of the mind and body, and those who, perhaps, may
be susceptible of cure, are by constant contact with the incurables,
through want of accommodations, themselves by excitement a charge and
burthen to the State, probably twice the time if quiet and uucrowded
rooms could be furnishetl them. The Superintendent in charge, Doctor
Shurtliif, with his assistants, Doctor Titus and Doctor Langdon, as well
as the other attendants, appear to be untiring in their exertions to make,
as far as the crowded condition of the asjdum will allow, all the patients
comfortable. All departments of the institution were noted for clean-
liness, particularly when it is taken into consideration that males and

lomiilcs of all classes of insanity and habits occupy half the space tlioy
should do.

The improvements asked for — fencing of the entire grounds, gravel-
ing and grading of walks and streets, replacing the ground floorof the
male department — your committee consider as indispensable for the
future comfort of the inmates, as well as the protection and preserva-
tion of State property. The estimate for maintenance is placed at a per
capita loAver than has yet been ottered; but as the insane recipients of
the State bounty are constantly increasing it was deemed advisable to
estimate for a slight increase in the number that will be received during
the next two fiscal years.

The committee unanimously recommend the appropriation as stated
in this rei^ort, and would state that there is no charity that should so
warmly appeal to the feelings of every citizen as that of the unfortu-
nates, who, bereft of reason, are as children, requiring constant attention.

T. J. KEYS, Chairman.

INSANITY AND INSANE ASYLUMS.

REPORT OF E. T. WILKINS, M. D.,

SSIONER IN LUNACY

FOE THE STATE OF CALIFOENIA,

MADE TO

HIS EXCELLENCY H. H. HAIGKT, GOVERNOR,
December ^d, 1871.

T. A. SPRINGER STAT^ PRINTER.

COiSf TE][srTS.

CHAPTER I.

INTRODUCTORY.

Powers, Duties, and Appointment of Commissioner — Importance of the Commis-
sion— Asylums Visited — Number of Patients in Asylums Visited — Other Insti-
tutions Visited — Plans of Asylums — Statistical Tables — Meetings of Superintend-
ents Attended — Importance of such Meetings — Books Obtained for the State
Library — Sources of Information — Acknowledgments 1

CHAPTEE II.

INSANITY A DISEASE OF THE BRAIN.

"What is Insanity? 8

CHAPTER III.

INSANITY AS IT NOW EXISTS.

The Subject Generally — Insanity in England — In Scotland — In Ireland — In France —
In Italy — In Prussia — In Austria — In German States — In Bavaria — In Switzer-
land— In Belgium — In Holland — In Denmark — In Sweden — In Norway — In New
South "VVal&s — In the United States — In California 8

CHAPTER IV.

CAUSES or INSANITY — SOME OF THE INFLUENCES OPERATING IN ITS DEVELOPMENT.

General Observations — Assigned Causes — Physical Causes — Moral Causes — Observa-
tions upon Assigned Causes — Principal Assigned Causes — Insanity Found in all
Countries — Enumeration of the Insane — Tables Relating to Enumeration — Enu-
merations Imperfect — Difficulties in the way of a Perfect Enumeration — Influence
of Age — Influence of Age in the Diflorent Races — Influence of Sex — Influence
of Marriage 32

• CHAPTER V.

INFLUENCE OF SOCIAL DISTINCTIONS. '

Diseases of the Brain Peculiar to no Class in Society 49

CHAPTEE VI.

APPAKEKT INCREASE OF INSANITY. ^ ^

Increase of Insanity Demonstrated 54

CHAPTEE VII.

INSANITY IN FRANCE,

General Statistics of the Insane from 1854 to 1866 — Doctor Motet's Analysis of Le-

goyt's Work 6G

CHAPTEE VIII.

INSANITY AMONG THE ANCIENTS.

In the time of the Ancients — In the Middle Ages — In the Eighteenth and Nine-
teenth Centm-ies — In England — In France — In Kome — In the Germanic Con-
federation— Observations upon Foregoing Subjects — Cruel Treatment the Eesult
of Ignorance — New York Poor Houses — Amelioration in the Treatment of the
Insane as compared with Former Periods — Proof of the Advantages of Moral
Treatment 86

CHAPTEE IX.

INSANE ASYLUMS, LOCATION, SIZE, SITES, ETC.

Location — Influence tliat Distance ought to have on Location — Effect of Multi-
plying Hospitals — Eftects of Kailroads and other Facilities of Travel — Hospitals
Better Known to Neighboring People — Observations on Foregoing Topics — New
York State Lunatic Asylums — General Suggestions — Propositions relative to the
Structure and Arrangements for American Instituftions for the Insane — English
Lunacy Commissioners on Sites, Construction, Size, etc. — Suggestions of the
Scotch Board — Size of Hospitals — Quantity of Land Necessary — Comments upon
• Kirkbride's Views 108

CHAPTEE X.

INSANE ASYLUMS— DOCTOR MANlilNO'S REPORT.

Synopsis of Doctor Manning's Keport— Comments upon the same 144

CHAPTEE XI.

CRIMINAL INSANE.

An important question connected with the care of the insane should not be passed by

without notice 161

CHAPTEE XII.

CHRONIC INSANE.

Provisions for Curables and Incurables in Separate Institutions 164

CHAPTER XIII.

TREATMENT OF IXSAMTY.

Treatment in English Asylums — Mania — Epilepsj' connected with Insanity — Paraly-
sis connected with Insanity — Melancholia — Observations on present Treatment of
Insanity- 105

CHAPTEE Xiy.

INSANITY IN GENERAL.

Increased attention to Insanity — Growth of Hospitals in United States — Increase of
Hospitals in United States — Increased Accommodation — Hospitals exhibit Insan-
ity—Non-residents— Should other States send their Insane to California — Insanity
in other States — Eesults of Treatment — Curability of the Insane — Effects of Early
' Treatment — Good Hospitals necessary to Favorable Eesults — Kesults in our Asj^-
lum — Doubtful and Hojieless Cases — Economy of Early Treatment — Probable
Duration of Life in Chronic Cases — Increase of Patients in our Asylum — Causes
tending to this Eesult — "Will the Children of Foreigners be as Liable to Insanity
as their Parents — Observations upon Physical and Moral Causes producing Insan-
itj' — Intemperance a Leading Cause of Insanity — Duty of State relative to Asy-
lums— Physicians not generally Informed on the Subject of Insanity — Psychology
recommended to be Taught in Medical Schools — Eflect of the Liberal and of the
Economical Plan of Care and Treatment 188

CHAPTEE XV.

ECOKOMY OF PROVIDING AMPLE CURATIVE ACCOMMODATIONS.

The Economy of Eestoration, and the Amount Saved the State by the Cm-es already
, Effected in our Asylum 218

CHAPTEE XVI.

PLAN BEST ADAPTED TO CARE AND TREATMENT OF THE INSANE.

General Observations — Cottage System — Farm Asylums — Close Asylums — Pavilion

Plan 222

APPENDICES 231

INDEX.

Page.

Asylums visited 2

Acknowledgements 7

Asylum at Stockton overcrowded 136

Asylum at Stockton should be finished 137

Asylums. New one needed 137

Asylums. Results in' California 194

Asylums. Increase of patients in ten years 197

Asylums. Duty of State 212

Asylums. Manning's Report 144

Attendants 187

Asylums in process of erection 19Q

Asylums. Good ones necessary to favorable results 194

Asylums. Location, size, etc 108

Asylums. Influence of distance 109

Asylums in New York 117

Asylums. Propositions relative to the structure 121

Asylums. Best plan 222

Asylums. Growth of. 189

Asylums. Should be in healthy locality 138

Asylums, Quantity of land necessary , 138

Asylums. Organization of 142

Asylums. Increase of in the United States 191

Asylums. Better known to the neighboring people 115

Books obtained for State Library 6

Cruel treatment the result of ignorance 100

Concluding remarks 228

Commissioners 138

Comments on Kirkbride's views 144

Construction 152

Comments on Manning's Report 158

Criminal insane 161

Chronic insane 164

Curability of insane 202

Dining halls • 135

Directors and Superintendents 186

Doubtful and hopeless cases 195

Duration of insanity 196

Enumeration of the insane 40

Enumeration. Difficulties of. 40

Enumeration imperfect 40

Effect of multiplying hospitals 11-

Effect of railroads 115

English Lunacy Commissioners 1-4

Economy of early treatment 195

Effects of liberal treatment 215

Economy of cure • 218

Establishment of asylums in the British Provinces 190

General results 205

Introductory 1

Importance of the Commission 1

Insanity a disease of the brain • 8

Insanity as it now exists '. 8

Insanity in England 9

Insanity in Scotland 10

Insanity in Ireland 12

Insanity in France 14

Insanity in France. Motet's Analysis 66

Insanity in Italy 15

Insanity in Prussia 16

Insanity in Austria 17

Insanity in the German States 19

Insanity in Bavaria 20

Insanity in Switzerland 21

Insanity in Belgium 22

Insanity in Holland 23

Insanity in Denmark and Sweden 25

Insanity in Norway • 2(3

Insanity in New South Wales .^ 27

Insanity in the United States 28

Insanity in California 30

Insanity, Causes and influences producing it 32

Insanity. Assigned causes 32

Insanity. Observations 34

Insanity. Comparative view of assigned causes 3(3

Influence of age .' 41

Influence of sex 4(3

Influence of marriage 47

Influence of social distinction 49

Insanity. Apparent increase of 54

Insanity among the Ancients 8(3

Insanity in tlie Middle Ages 93

Insanity. Condition of in England 94

Insanity'. Condition of in France 97

Insanity. Condition of in Eome and Limerick 97

Insanity in the Germanic Confederation 98

Insanity. Observations f. 99

Insane in New York Poorhouses 100

Inoaiif. Aini-lioratioii in the tri'iitmciit of insanity. Rc-trnint and wcUis^ion Ktfi

In.«anf. Oiu- to tour hiindrcd and cighty-niin' 136

Incii-aMHl moitnlity in Stockton I37

ln<aiiity. Tiodtnu'nt of. 1(^

Iii^;»nity in jovnenil 188

lM.«anity. Diimtion of the di^cax' IJCi

livfurmafion. Sonftif's of 7

A L'PENDICES.

Ai.pi-ndia A —

Statistical tables of United States 233

Li.it of Asylums in United States? 284

Li-st of A?3'hims in Canada 346

Appendix B —

List of A.syiums in England 247

List of A-syliimj in Seotlund 257

Li>t of Apylums in Ireland 263

Appendix C —

List of Asylums in Belgium 268

List of Asylums in Holland 272

List of Asylums in France 279

Li.^t of Asylums in Italy 280

List of Asylums in German States and Switzerland 282

Li^t of Asylum? in Germanic Confederation 284

Appendix G—

Appendix G 289

Li.st of Asylums in Fraiu'e 291

Ajjiiendix H—

Opening of the Sussex Lunatic Asylum 294

The A.*ylum Bootham, York 294

Night Attendants 296

York A.<ylum 298

Missing List 299

Brookwood Asylum 299

Complaint and Commitment 303

Physician's Certificate 303

Dietary 305

Richmond, near Dublin 305

Sussex County Asylum. Diet scale 306

Edinburgh Eoyal Asylum, Diet table 307

Quart'.es Mares, near Eouen..; 308

General Rules for the Surrey County Lunatic Asylums 309

Proposed Case Book. (English History) 318

State on admission more fully arranged 318

Plans, etc., of the Boston Hospital for the Insane, at Winthrop 339

County of Surrey Additional Lunatic Asylum 34^

IN'SANITT

AND

INSANE ASYLUMS

CHAPTEE I.
INTRODUCTORY.

Power?, Duties, and Appointment of Commissioner — Importance of the Commission —
Asylums Visited — Number of Patients in Asylums Visited — Other Institutions Vis-
ited— Plans of Asj^lums — Statistical Tables — Meetings of Superintendents Attended —
Importance of such Meetings — Books Obtained for the State Library — Sources of
Information — Acknowledgments.

POWERS, DUTIES, AND APPOINTMENT OP COMMISSIONER.

An Act authorizing the appointment of a Commissioner to visit the
priucij^al Insane Asylums of the United States and Europe, approved
February eighteenth, eighteen hundred and seventy, directs the Com-
missioner to visit such asylums as soon as possible, and to collect and
com2)ile all accessible and reliable information as to their management,
the different modes of treatment, and the statistics of insanity, especial
attention being called to the asylums of Great Britain, Ireland, France,
and Germany. Ho is further directed to make a written report to the
Governor, in which he shall embody at length a history of the manage-
ment adoj)ted at such asylums, a statement of the different modes of
treatment in use, and such statistics as he may deem reliable.

The Governor conferred the honor of this appointment upon me, and
being in entire accord with my tastes and desires, having for a long-
time felt a deep interest in the subject to be investigated and an earnest
sympathy for that class of our fellow beings in whose behalf the inves-
tigation was ordered to be made, I entered at once upon the duties
assigned me.

IMPORTANCE OF THE WORK.

Appreciating the importance of the subject, and feeling that the peo-
ple, and especially those whose duty it is to make our laws, protect our

citizens, and provide for the care and maintenance of our unfortunates,
should have all the light that the wisdom and experience of the learned
men in other States and countries could shed upon a subject about which
80 little is known by the great mass even of the reading public, the work
was entered upon with some misgivings, but a sincere hope that the
laudable object of the mission might be crowned with success.

The law is a comprehensive one, and opens a wide field for interesting
investigation and extensive research; one in Avhich man}^ an eminent
man has spent a lifetime of labor and of thought, which it has been our
object to search for, to find, and to appropriate.

We have not gone forth with the expectation or even the hope of
originating anything upon the subject, but rather to collect the accumu-
lated truths gathered by the wisdom and experience of other men in
other lands, that we might bring them home to Caliibrnia and strew
them broadcast before our people. We did not for a moment suppose
that a tithe of this information could be embodied in a report, however
elaborate. The diversity of subjects necessarily touched upon would
render it impossible to enter fully into the consideration of any; yet it
is hoped that the attention of those who desire further light on a matter
of so much intcj-est to the State, the citizen, and the philanthropist may
be directed to the channel where it exists in abundance, and where it
may be found by a little patient and careful research. ILj all such,
therefore, who can find in the accompanjnng report only a n-agment of
what they desire to know, let us say, look to the shelves of our State
Library, recently replenished with a liberal list of the most valuable
works ever contributed by the mind of man to the science of i)sychol-
ogy, and you will find nearly all that exists on the important subject to
which we desire to attract your especial attention.

Having spent a sufficient length of time at Stockton to become thor-
oughly informed with regard to the condition, construction, and require-
ments of our asylum, its general management, good features, and glaring
defects, we started out to compare them with what could be found in
other States and countries. These comparisons have in some respects
been in our favor, and, as might naturally be expeclted, against us in
others — in what particulars we will endeavor to point out m due time,
and trust, while we commend our virtues to our brethren for their adop-
tion, we will with equal alacrity and liberality give up our defects and
substitute them with some of the excellent features of other institu-
tions.

ASYLUMS VISITED.

During these investigations, one hundred and forty-nine Insane Asy-
lums in complete working order have been visited, making an average
of two each week during the whole period. Forty-five of these were
in the United States, one in Canada, fifteen in Italy, three in Bavaria,
seven in Austria, eleven in the German States, two in Switzerland, thir-
teen in France, eight in Belgium, three in Holland, twenty-four in Eng-
land, ten in Scotland, and seven in Ireland, the names, locations, and
names of the Superintendents of which will be ibund in the table fol-
lowing:

Name of Asylum.

Location.

United Statks:

Insane Asylum of California

Alaiiioda Park

St. Vinrc-nt

State Lunatic A.-yluin

St. Louis County Asylum

Eastern Ai«3'lum

Western Asylum

Central Lunatic Asylum

Marvlaml ll.)>pitar.

M(.unt Hope Ketieat

Eastern Lunatic Asylum

Western Lunatic Asylum

Tennessee Hospital

North Carolina Insane vV.-ylum

Soutli Carolina Insane Asylum

Government Asylum ,

State Lunatic Hospital

Pennsylvania Hospital...,

Insane Dep't Philadelphia Almshouse

Friends' Asylum

State Lunatic Asylum

Kings Countj- Lunatic Asylum

liloomingdale A>j'lum

N(;w York City Lunatic Asylum

"Willard Asylum

lirigham Hall

State Criminal Asylum

General Hospital for the Insane

Ketreat for the Insane

Vermont xVsylum for the Insane

Maine Insane Hospital

New Hamp>liire Asj'lum lor the In-
sane

Butler Hospital for the Insane

State Lunatic Hospital

3IcLean Asylum tor the Insane

Boston Lunatic Asylum

Michigan Asylum

Iowa Hospital for the Insane

Illinois State Hospital for the Insane.

Indiana Hospital for the Insane

Longview Asylum

Southern Ohio Lunatic A.sylum

Name of Superintendent.

Canada:
Provincial Lunatic Asyhim .

Italy:

Provincial Lunatic Asylum

Capo di Chino Asylum (private)

Morotrolio

Santa Maria di Pieta

Santa Margherita

Bonifazio (provincial Insane A.sylum)

Provincial Asylum

San Servalo

"St. .lohn and St. Paul ...

Senavra

Insane Asylum

Dufour

Colombo

Rossi Asylum

Presso San Celso

Stockton, California I

Alameda, Calitornia

St. Louis, Missouri

Fultdu, 31i-,-ouri

Near St. Louis, Mo

"Williamsburg, Va

Staunton, Vii

Near Kichmond, Va.....
Baltimore, Maryland ...

Near Baltimcjre

Lexington, Kentucky...

Hopkins vi lie, Ky

Near Nashville

Kaleigh

Columbia

Near Wasliington, D. C

Hanisburg, Pa

Philadelphia, Pa

Philadelphia. Pa

Philadelphia, Pa

Trenton, New .lersey ...

Utica, New York

Flatbush, Long Island..

Bloomingdale, N. Y

Blackwell's Island

Ovid, N. Y

Canandai^ua, N. Y

Auburn, N. Y

Middletown, Conn

Hartford, ('i)nn

BrattlelK)ro

Augusta

Concord

Providence, B. I

Worcester, Mass

Northampton, Mass.

Taunton, Mass

Somerville, Alass

Boston, Mass

Kalamazoo

Mount Pleasant

•lacksonville

Indianapolis

Longview, Ohio

Dayton, Ohio

G. A. Shurtleff.
Euston Treanor.

C. H. Hu-h.s.
Chail(!s \\ . Stephens.
I). II. Brow(!r.

F. T. Stribbling.
I). B. Conrad.
K. F. Steuart.
William H. Stoke.s.
John W. Whitney.
James Rodman.
J. H. Callender.
Eugene Grissom.
J. F. Ensor.
Charles C. Nichols.
John Curwen.
Thomas G. Kirkbride.

D. D. Richardson.
.1. H. Worthington.
H. A. Buttolph.
John P. Gray.
Edw. R. Chapin.
D. Tilden Bro-wn.
R. L. Parsons.

J. B. Chapin.
George Cook.
James AV. Wilkie.
A. M. Shew.
John S. Butler.
AVilliam H. Rockwell.
Henry M. Harlow.

James P.. Bancroft.
John W. Sawyer.
Merrick Bemis.
Pliny Earle.
William AV'. Godding.
George F. Jelly.
Clement A. AA'alker.
E. H. A^an Deusen.
Mark Ranney.
Henry F. Carriel.
Orpheus Everts.
O. M. Langdon.
R. Gundry.

Toronto 1 .Joseph AA'orkman.

Genoa

Naples Dr. Avcsa.

Aversa Antonio Raflb.

Rome ! Joseph Girolami^

Perugia Cav. Guiseppe Neri.

Florence Dr. Cardini. (?) _

Bologna Frances Foucarti. [rio.

Venice P, Prosdocimo, D. Sale-
Venice Antonio Berti.

Milan

Mombello , Rinaldo Gectano.

Milan .
Milan .
Milan .
Milan ,

F. Franceso Corbetta.
Achille Colombo.
Antonio J. Bonfanti.
Seralino Biffi.

Name of Asylum.

Bat aria:

Eoyal District Asylum....
District Lunatic Asylum.
District Lunatic Asvlum .

Location.

N ame of Superintendent.

Munich Auc:. Solbri^.

Irsec I J. 31. Kiderle.

Diggendurf | Dr. Ast.

ArsTKiA:

Tyrolese Provincial Asylum Hall

Institute for Care and Cure of the

Insane I Linz

Eoval Institute for Care and Cure ofi

Insane i Vienna

Private Insane Asj'lum j Dobling

Asjdum for Chronic In-anc j Klosterneuberg

District Lunatic Asylinn , Brunn, Moravia

Roj'al Bohemian Asj'hun | Prague, Bohemia

Sleep, Bohemia «.

Saxony and Gekman States:

Sonnenstein

Private Asylum

Asylum for Chronic Insane

Charity Hospital

District Lunatic Asylum

Thonberg Asylum

District Lunatic Asylum

District Lunatic Asylum.
District Lunatic Asylum.

lUenau Asylum Achern

Sonnenstein, Saxony

Pirna, Saxony

Hubertusburg, Saxony.

Berlin

Neustadt, Prussia

Halle

Thonberg, near Leipsic.

Got tin gen

Prankfort

Hepponlieim

Switzerland:
Public Asylum .
Public Asylum .

France:
Department Asj-lum .

Antiquaille

St. Jean de Dieu

St. George

Chartreuse Asj'lum.,

Asylum for Insane of St. Yonne
St. Anne

La Saltpetriere

Doctor Blanche's Asylum.

National Asylum

Colony Fitz James

Quatre-mares St. Yon
St. Yon

Zurich

AValdau, near Berne..

Stephansfeld (Strasb'g).

Lyons

Lvons

Bourg..
Dijon ..

Joseph Stolz.

A. Knorlein, Director,
Dr. Schasching, Phy'n.

Dr. Siiurzheim.
Dr. Leidcidori".
Dr. Mildner.
Dr. Langer.
Dr. Fischel.
Dr. Kratochril.

H. Lessing.
O. Lehman.
George Ehrst.
Dr. Westphal.
Dr. Sponholz.
Dr. Koeppe.
E. AY. Guntz.
Lndwig Mej'er.
H. Hoftman.
Dr. Ludwig.
C. Poller.

D. Gudden.

Di-. Fct-cherin, Phy'n,
Dr. Schaerer, Direct'r

Dr. Kildebrand, Phy'n,
P. du Matey, Director

J. Arthaud, Director
and Physician.

Dr.iCarricr, Physician,
J. de Matha, Director.

Auxerze
Paris

Paris ,

Passy, Par
Charenton.
Clermont..

Rouen
llouen

Dr. Bruno, Director and

Physician.
Dr. Ceilleux, Director

and Physician in Chief
M. Bavent, Director ;

M. Dagonet, Pliy'n.
M. Phelip, Director.
Dr. Blanche.
Dr. Calmeil.
Gustave Labitte, Phy'n,

M. J. Labitte, Direct'r
Dr. Ed. Dumesnil.
Dr. Morel.

Belgium: !

Asylum of Ansard Glaine Liege Dr. C. Anten.

Liege Hospital Liege

Colony at Gheel Ghoel Dr. Bulckens.

Insane Asj'lum.

Guislain Asylum

St. Joseph

Sts. Julien and Michael.
Du Strop (private)

Antwerp T. Targue.

Ghent B. Ingels.

Ghent Dr. Ivermenten.

Bruges Dr. Van den Abeele,

Ghent Dr. Nermenten.

Name of Asylum.

Location.

Name of Superintendent.

H'H.lank:
Ki'inicr Van Arkol....
Mt'cienbcrg A>yluni.
City Asylum ..."

Boi.s le Due
Near Haarlani

T. Frvbouh. (?)
B. H. Everts.

Kotteidani i G. Vrolck.

E.vci.AM):

li'iyal Inliraiary

Cuwiity Liniatic A^^iuIll.

St. Luke's Madliouse ,

Bctlilem Hospital

Grove Hail, Bow

Count3- Lunatic Asylum.

Li\'orpool

Kaiiihill

Jvomidn

Liindun

Bow, London.
Hanwell

County- Lunatic Asj-luiu Coluey Hatch .

Surrey- County Lunatic A~ylvm

Su.s.sex County Lunatic Asylum

Essex Lunatic Asylum

Bristol Borough Asyliun

Glamorgan Countj' Lunatic Asylum..

County Lunatic Asylum

Bariiwood House

Buckingham County Pauper Lunatic
Asylum

Borough Lunatic Asylum

County of Warwick Pauper Lunatic
As^'lum

Derbyshire County Pauper Lunatic
Asylum '.

West Riding Pauper Lunatic Asylum

Friend^' Kctreat

York Lunatic Asylum

Newcastle-upon-Tyne Borough Lu-
natic Asylum

Cumberland and Westmoreland Lu-
natic Asylum

Littlemore A.sj'him

Brook wood

Hayward s Hcatli

Brentwood

Stapleton

Bridgend

Wotten, n'r Gloucester.
Gloucester

Stone

Birmingham

Dr. Stockwell.

T. L. Rogers.

Dr. Eager.

AV. Rhys Williams.

Dr. Stocker.

AY. C. Begley, Male
Dep't; .T. M. Lind-
say, Eemale Dop't.

Eagar Sheppard, Male
Dep't; AV. G. Mar-
shall, Female Dep't.

Thumas N. Brushlield.

S. AY. D. AYiiiiams.

I>. C. Campbell.

G. Thompson.

David Yellowlees.

E. Tolh-r.

A. J. AA'ood.

•John Humphrey.
T. Green.

Hatton, near Warwick. AA". H. Parsey.

Mickleover i John Hitchman.

AYakefield i .J. Crichton Browne.

Near York i J. Kitching.

York i F. Needham.

Newcastle.

Near Carlisle

Littlemore, Oxford

Scotland:

Edinburgh Royal Asylum Alorninjjside

Saughton Hall (private)

Fife and Kinross District Asylum

The Colony of Kennoway

Roj'al As3dum

Hall Cross Asylum j Musselburgh

District Asylum Inverness

Stirling

Mussetburgh

Near Edinburgh

Near Cupar, Co. Fife.

Kennoway

Dundee

R. H. B. AAlekham.

T. S. Clouston.
R. H. H. Sankey.

David Skae.
Dr. Low.
.John B. Tuke.

District Asylum

AVhite House Asylum (private) ..

Royal Asylum Glasgow

Royal Asylum ; Perth

Irelaxd:

District Asylum

Richmond District Asvliun ,

Belfast.
Dublin

Bloomiield Retreat ' County Dublin

Maryborough District Asylum I Marj-borough

Cork Distrii't Lunatic Asylum Cork

Killarney Asylum j Kiilarne3'

Central Asylum for Criminal Luna-!
tics Dundruni

James Rorie.

Thomas Aitken.
F. AY. A. Skae.
Mrs. Thompson, Sup't;
Dr.Thomp-^on,Phy''n
Alexander 5lackintosh.
Lander Lindsay.

Robert Stewart.

.Joseph Jjalor.

H. A. Lod^e, Sup't Male
Dep't; Mary Piyor,
Female Dep't; J. H.
AYliarton. Phj'sician.

J. H. Hatchell.

Thomas Power.

AV. AY. Murphy.

NUMBER OF PATIENTS IN ASYLUMS VISITED.

The number of patients treated in these asylums during the last year
was seventy-six thousand six hundred and seven, or an average of five
hundred and fourteen for each institution. In addition to the asylums
mentioned, a number of asjdums in process of erection, lunatic wards of
Poor Houses, Idiot and Deaf and Dumb Asylums, ordinary hospitals,
penitentiaries, and other governmental, State, county, and city estab-
lishments have been visited and examined, and such features noted as
appeared might at any time be of interest or importance to the State,

PLANS OF ASYLUMS.

A large number of j^lans of asylums, rules, regulations, etc., have
been procured, a portion of which will be found in the appendix, and
all are at the service of the State.

STATISTICAL TABLES.

The statistical tables have cost much time and patient labor, and are
believed to be as complete as any ever published on this subject, and
the facts set forth in them have been gathered from the latest and most
reliable sources known to exist.

MEETINGS OF SUPERINTENDENTS ATTENDED.

It has been our good fortune to have attended the meeting of the
Superintendents of Americ:).n Institutions for the Insane at Hartford
last year, and those of a similar character for France, in Paris, and of
Great Britain, in London during the present year. It is needless to
dilate upon the high character and intellectual capacity that distinguish
the men who compose these associations, nor ujjon the great service
they have rendered to humanitj^ by sending forth the results of their
individual and collective experiences to enlighten mankind and relieve
the distresses of their fellow men. They are the rays of light that
dispel the mists and drive awaj' the thick clouds by which the mind of
man is enveloped when tlie brain is diseased. " Their's, indeed, is a mis-
sion of mercy, and verily they shall reap their reward."

IMPORTANCE OF SUCH MEETINGS.

So important do these annual meetings appear to our mind we do not
hesitate to express the oj)inion that it should be made the duty of
the Superintendent of every asylum, or an assistant, to attend each
meeting, feeling assured that the opportunity presented for an inter-
change of opinions with those engaged in a like calling could not fail to
be both agreeable and instructive to himself, but beneficial to those com-
mitted to his care and the State in whose service he is engaged. We
■"feel under especial obligations to them, and to all others who have con-
tributed to our jileasure or added to our stock of information.

BOOKS OBTAINED FOR STATE LIBRARY.

A large number of books, reports, and essays on insanity and State
medicine have been obtained for the State Library by pui'chase or dona-

tion from varions sources and countries, comprisin*^ in the list nearly all
of the standard works of the most celebrated authors who have written
upon the subject of insanity, and the most recent and reliable informa-
tion on the statistics of lunacy that could be ibund. Amoui;- these are
the works of Allen, Anderson, Arlid,i!;e, Binijham, Browne, Jiucknill and
Take, Burrows, Conolly, Crowther, l)unn, Ellis, (iall, Hill, Hills, Jloods,
Jacobi, Morrison, Prichard, Seymour, Sievekin*;-, AVilliams, Winslow,
inchnling Journal of Psychological Medicine, 1848 to 18G;>, and the more
recent pi-oductions of Van Der Kolk, Brown, Sankey, Mandsley, Blan-
ford, Fr}', Casper, (iriesinger, Davis; translation of Pinel, Cox, Liddell;
translation of Esquirol, Mayo, and a set of the Journal of Mental Science
from commencement of volume two to the present time. Also, very
nearly a complete set of the Peports of the Commissioners in Jjunacy,
and other valuable documents presented by Mr. Wilkes, one of the Com-
missioners; a pai'tial set of the Peports of the Scotch' Commissioners,
and other documents })resented by Sir James Cox and Dr. Silibald, of
that Board; the last Peport of the Commissioners for Ireland; special
reports of all the asylums visited, where these were ])ublished and attain-
able; essays on a variety of subjects; rules and regulations of asylums,
general and special; descriptions of asylums by sundry persons; reports
of Special Commissioners, and many other documents of more or less
interest. Among the French works will be found those of Foville, Dag-
onet, Calmiel, Falvet, Morel, Mundy, Motet, and others. From Prussia,
a volume of general statistics for eighteen hundred and sixty-seven; a
valuable treatise on construction and plans of asylums for the insane,
containing the opinions of many of the most eminent psychologists of
that couiitiy, and a brief account of all the asylums of the Cerman
Confederation in eighteen hundred and sixty-tive, by Dr. 11. Laeur,
together with a few other documents of minor importance. Besides the
reports, more or less comj^lete, of all the asylums visited in the United
States, a variety of documents, including statistics of the insane and
idiotic for eighteen hundred and seventy, essays, lectures; reports of
Commissioners sent into other States and countries, and those of a local
character; reports of Boards of Charity of New York, Massachusetts,
Ohio, and Pennsylvania, of the Cities of New York- and Boston, and a
number of other documents of interest and importance, and from most
countries plans of asylums, more or less complete, of some of the best
institutions known to exist, embracing every variety, froni the palatial
hospital to the modest cottage. •

The professional man will tind much that is trite and familiar in. this
report, but it must not be forgotten that it is not so much for him as for
the public that it has been prepared.

SOURCES OF INFORMATION.

The information which it contains has been derived fi'om various
sources. The work of other men's brains has been freely appro])riated.
Their experiences we have endeavored to use to the best advantage; and
oven the errors committed by some of them have taught us valuable
lessons, as it is sometimes as necessary to know what to avoid as what
to adopt.

^ ACKNOWLEDGMENTS.

Much has also been learned from personal intercourse with men of
abilit}' in all the countries we have visited, and we can never forget nor

ever cease to be grateful for the, many acts of courtesy, kindness, and
attention that we have received at their hands. To Drs. Shurtleff, Strib-
bling, Ivirkbride, Gray, Buttolph, and Walkar, in each of Avhose estab-
lishments we spent several daj's in the early 2)art of our investigations,
we are especially indebted for the kind manner in which they took us
by the hand and started us "right foot foremost" in the path of our
duty. Nor have we forgotten the attentions and courtesies of a single
Superintendent whose asylum we visited in America or Europe.

CHAPTEE II.
INSANITY A DISEASE OF THE BEAIN.

What is insanity? This question has been often asked, but perhaps
has never been satisfactorily answered, for the simple reason that
insanity assumes so many forms and differs so widely in different per-
sons that no definition can possibly embrace all of its phases. Many
jiersons have given definitions of this subtle malady, but not one has
met with that universal concurrence necessary to render it the true and
only or even the generally received definition. We do not propose to
enter this list, but as much must be said on the subject in the following
Images it is best, perhaps, that a selection should be made.

In a lecture delivered before the Eoyal College of Surgeons, March
first, eighteen hundred and sixty-one, by David Skae, M. D., F. 11. C. S.,
Physician to the Eoyal Edinburgh Asylum, he defined it to be " a disease
of the brain affecting the mind." We accejjt this definition as the best
of all, because it is the most simple. It makes but little difference how
the brain becomes diseased, whether 2:)rimarily or by reflex action from
the disease of some other organ of the body, so the fact as stated be
true that the brain must be diseased ere the mind is affected.

CHAPTEE III.
INSANITY AS IT NOW EXISTS.

The Sulijoct Generally— Insanity in England— In Scotland— In Ireland— In Fiance— In
Italy— In Prussia— In Austria— In German States— In Bavai-ia- In Switzei-land- In
Belgium— In Holland— In Denmark- In Sweden— In Norway— In New South Wales
— In the United States — In California.

THE SUBJECT GENERALLY.

In considering the subject of insanit}^, it is proper first to inquire to
i^^hat extent it exists in the world and in our midst. To do this we have
prepared tables exhibiting the population of various countries, divided
into self supporting and pauper chisses (where these have been sepa-
rated), and in all cases the total population, number, and distribution of
the insane at the latest dates at which these facts could be obtained;
the proportion pf the insane to population, the ratio per thousand, the
proportion of pauper insane to pauper population, the proportion of

insane under treatment to population, the number in hospitals and asy-
lums at latest date; numbers admitted, cured, died, and treated during
the year; the number of asylums in each country; the principal assig-ned
causes of the disoi'der and of death; toii;ether with the numbers resident
at bci^inning of the year; numbers admitted, cured, and dieil during the
year, and the percentage of recoveries and of deaths to admissions and
to numbers treated in the asjdums visited in ditferent countries; to
which we have added similar facts for Norway, Sweden, and the Colony
of Xew South Wales.

INSANITY IN ENGLAND.

Population, 1870.

Self su2")porting classes
Paupers

Total population..,

21,00G,G31
1,083,532

22,090,103

Number and Distribution of the. Insane, January 1st, 1870.

Private.

Pauper.

Totals

County and Borough A sylums

Eegistered Hospitals

Meti"opolitan Licensed Houses

Provincial Licensed Houses

Naval and Military Hospitals and Eoyal India

Asylum

Workhouses

With relatives or others

Broadmoor Criminal Asylum

259
1,969
1,666

1,478

198

27,721

400

1,034

726

356
354

11,358

7,086
108

27,980
2,369
2,700
2,204

198

11,358

7,442

462

Tota

6,280

48,433

54,713

Proportion of insane to population, one in four hundred and three; or,
ratio per one thousand, two and forty-seven one hundredths. Propor-
tion of pauper insane to paujier population, one in twentj'-two; or, ratio
per one thousand, forty-four and sixty-nine one hundredths. Proportion
of insane (under treatment) to j)opuIation, one in six hundred and fifteen;
or, ratio ])er one thousand, one and sixty-tAvo one hundredths.

The number of Lisane in Hospitals, Asylums, and Licensed

Houses, January 1st, 1870

Admitted during the year

Cured

Died

Number treated in 1870

35,913

11,462

3,955

3,790

47,375

Per cent of recoveries on admissions 34

Per cent of recoveries on number treated 8

Per cent of deatiis on admissions 33

Per cent of deaths on number treated ' 8

Number of Asylums, etc., for the Insane in England and Wales.

County and Borough Asylums j 50

Eegistered Hospitals j 16

State Asylums.

Metropolitan Licensed Houses

Provincial Licensed Houses

4
41
65

Total number of Listitutes for the Insane ! 176

The average weekly cost per head in County Asylums is nine shillings
five and one eighth pence, or two dollars and twent^'-eight cents.

The princiijal assigned causes of insanity are: hereditary, intemper-
ance, domestic ti-ouble, epilepsy, mental anxiety, puerperal condition and
critical j^eriod, paralysis.

The principal causes of death are: general paralysis, diseases of the
lungs, diseases of the brain, epilepsy, debility and old age, apoplexy.

In twenty asylums visited in 1870, the number of patients resi-
dent was

Admitted

Kumber treated

Cured ,

Died

12,116
3,670

15.786
1,369
1,220

Per cent of cures on admissions 1 37

Per cent of cures on number treated

Per cent of deaths on admissions

Per cent of deaths on number treated

INSANITY IN SCOTLAND.

Population, January 1st, 1870.

Self supporting classes

Paupers (May 14th, 18(39)

Total population

3,142,503
80,334

3,222,837

Number and Distribution of the Insane.

Private.

Pauper.

Totals.

In JJoyal and District Asylums —

In I'nvnte AsyhnuH

In i^iroc'hial Asylums

In Lunatic Wards of Poorhouscs..

In (ioneral Prison

In Trainiui;- Schools for Imbeciles.
In Private JDwelliuifs

Totals, January 1st, 1870..

83
49

1,295

3,547

4,461

303

553

574

113

1,469

1,518

G,276

7,571

Besides the number of insane given above, it is estimated that there
are about two thousand unreported, making the total number nine thou-
sand live hundred and seventy-one.

Proportion to the population, one in three hundred and thirty-six; oi*,
ratio per one thousand, two and ninety-six one hundredths. Proportion
of insane (under treatment) to population, one in six hundred and six;
or, ratio per thousand, one and sixty-four one hundredths. Proportion
of paujier insane to pauper population, one in thirteen; or, ratio per one
thousand, seventy-eight and .twelve one liundredths.

Number of insane in asylums, January Ist, 1870.

Admitted during the year

Cured

Died

Number treated in 1870.

5,317

2,015

832

491

7,332

Per cent of recoveries to admissions 41

Per cent of recoveries to number treated | 11

Per cent of deaths to admissions j 24

Per cent of deaths to number treated ' ! 7

Number of Institutions for the Insane.

District A sylums

Eoy al A sj'lums

Private Asylums %

Parochial Asylums

T o t a 1 A sy 1 u m s

Lunatic Wards of Poorhouscs

Total

10
7
9
5

31
15

The average weekly cost of maintenance of panper lunatics in Eoyal
and District Asylums is nine shillings and nine and one fourth pence; iu
Private Asylums, ten shillings and two and a half jience; in Parochial
Asylums, eight shillings and five and a half j^ence; making a genei'al
average cost of nine shillings and five and three fourths pence, or two
dollars and twenty-nine cents.

The principal assigned causes of insanity are: climacteric changes, old
age, intemperance, child bearing.

The principal causes of death are: consumption, general debility aijd
old age, organic disease of brain, inflammation of lungs, general paral-
ysis.

In six asylums visited in 1870, the number of patients resident
was

1,995

Admitted

1,030

Treated

3 025

Cured

365

Died

206

Per cent of cures on admissions

Per cent of cures on number treated..

Per cent of deaths on admissions

Per cent of deaths on number treated.

INSANITY IN IRELAND.

Pojndation, 1870.

Total population 5,195,236

number and Distribution of the Insane, December 31sf, 1870.

Private.

Pauper.

Totals.

In District Asylums

122

638

6,533

6 655

In Private Asylums

638

In Jail

2,754

167

In Workhouses

2 75i

In Lucan

In Central....*

167

Lunatics at large

6,936
7,696

6 936

9,498

Totals

17 194

Proportion of insane to population, one in three hundred and two; or,
ratio per one thousand, three and thirty one hundredths. Proportion of

insane (under treatment) to population, one in seven hundred and twenty-
nine; or, ratio per one thousand, one and thirty-seven one hundredths.

Number of insane in asylums, January 1st, 1870 ' 7,121

A dmitted during the year 2,532

Cured 1,088

Died 708

Number treated in 1870 9,653

Per cent of recoveries on admissions 43

Per cent of recoveries on number treated 11

Per cent of deaths on admissions 27

Per cent of deaths on number treated 7

Number of Establishments for the Insane.

District Asylums 23

Private Licensed Houses 20

Asylums for Criminals 1

Total 44

The average weekly cost per head in District Asylums is eight shill-
ings and eleven and a half pence, or two dollars and seventeen cents.

The principal assigned causes of insanity are: hereditary-, grief, fear
and anxiety, intemperance and irregularity of living, disease of the
brain, bodily injuries and disorders.

The principal causes of death are: thoracic disease, cerebral disease,
debility, and old age.

In eleven asj-lums visited in 1870, the number of patients resi-
dent was

Admitted

Treated

(Jured

Died

2,437

1,206

3,643

457

256

Per cent of cures on admissions

Per cent of cures on number treated...

Per cent of deaths on admissions

Per cent of deaths on number treated.

12
21

INSANITY IN FRANCE.

Population, 1866

Number and Distribution of the Insane, 1866.

1,988,905

Insane. Idiots.

Totals.

In asylums .....' 31,992 i 3,980

At home ' 18,734 i 35,973

Totals I 50,726 39,953

Males. ! Females.

35,972
54,707

90,679

Totals.

Insane I 24,190

Idiots ! 22,736

26,537
17,217

50,726
39,953

Proportion of insane to population, one in seven hundred and forty-
seven; or, ratio per one thousand, one and thirty -three one hundredths.
Proportion of idiots to population, one in nine hundred and fifty. Pro-
portion of insane and idiots to population, one in four hundred and
eighteen; or, ratio per one thousand, two and thirty-eight one hun-
dredths. Proportion of insane and idiots (under treatment) to popula-
tion, one in one thousand and fifty-seven; or, ratio per one thousand,
ninety-four one hundredths.

Population, 1860 .•. 37,170,942

Number of insane in hospitals and asylums, January 1st, 1860.

Admitted during the year ,

Cured or improved ,

Died

Number treated in 1860.

28,761

10,786

4,337

4,970

39,546

Per cent of recoveries on admissions

Per cent of recoveries on number treated.

Per cent of deaths on admissions

Per cent of deaths on number treated

40
11
46
12

Number of Asylums for the Insane in eighteen hundred and sixty
^ (public and px-ivate establishments), ninety-nine.

In eighteen hundred and fifty-three, the average weekly cost per
head was one dollar and twenty-one cents.

The principal assigned causes of insanity, as per reports eighteen hun-
dred and fifty-three, were: hereditary, epilepsy and convulsions, intem-
perance, destitution and misery, loss of fortune.

The j)rincipal causes of death: paralysis, disease of brain, pneumonia,
insanity, brain fever. ^

In thirteen asylums visited in 1870, the number of patients

resident was

Admitted (in eleven of those)

* Cured (in eleven of these)

Died (in eleven of these)

Number treated (in eleven of these)

7,938

8,324

873

1,202

11,262

Per cent of recoveries on admissions

Per cent of recoveries on number treated.

Per cent of deaths on admissions

Per cent of deaths on number treated

7
38
11

INSANITY IN ITALY.

Population, 1864 , 22,291,181

By the addition of Venice, in 1866, the population was increased to
24,263,320.

Number of insane in asylums, January Ist, 1867 8,191

Proportion of insane (under treatment) to population, one in two
thousand nine hundred and sixty-two; or, ratio per one thousand, thirty-
three one hundredths.

Number in asylums, January Ist, 1867.

A dmi tted

Discharged

Died

Number treated during the year

Number remaining January 1st, 1868...

8,191
4,909
3,210
1,504
13,100
8,386

Per cent of discharges on admissions

Per cent of discharges on number treated

Per cent of deaths on admissions

Per cent of deaths on number treated

65
24
30
11

» Leaving out the Asylum La Salpetriere (for chronic cases only), the per cent of cures
on admissions would be twenty-seven.

Fifteen asylums were visited in eighteen hundred and seventy.

In fourteen of these the number resident was,

In thirteen of these the admissions were .,^

In twelve of these the number treated was

In thirteen of these the number cured was

In thirteen of these the number died was

4,259

1,967

5,316

764

621

Per cent of recoveries on admissions 38

Per cent of recoveries on number treated 13

Per cent of deaths on admissions 31

Per cent of deaths on number treated I 10

The average weekly cost of maintenance of indigents in eight public
asjdums is one dollar and seventy-seven cents.

Principal causes of death: disease of the lungs, paralysis, marasmus.

Principal assigned causes of insanity: pillagra, hereditary, intemper-
ance.

INSANITY IN PRUSSIA.

Population, 1864 .' 19.252,363

Number of Insane Under Treatment.

In Public Asylums

In Private Asylums

Total

4,796
944

5,740

Proportion of insane (under treatment) to population, one in three
thousand three hundred and fifty-four; or, ratio per one thousand,
twenty-nine one hundredths.

Number of Asylums.

Public Asylums 32

Private Asylums 27

Total I 59

Expenses of Public Asylums, six hundred and fourteen thousand six
hundred and sixty-four thalers, or four hundred and forty-eight thou-
sand seven hundred and four dollars and seventy-two cents, which gives
a weekly cost per head of one dollar and eighty cents.

In two asj-lums visited in 1870, the number of patients resident

was

A dmi tted

Cured

Died ,

Number treated

1,065
297
105
110

1,362

Per cent of cures on admissions

Per cent of cures on number treated ..

Per cent of deaths on admissions

Per cent of deaths on number treated

35
7

37
8

The average weekl}'' cost of maintenance of indigents in these two
asj'lums is one dollar and ninety-live cents.

Principal assigned causes of insanity: The Director at Halle says that
eighty j^er cent of cases of insanity arc from hereditary causes.

Principal causes of death: general paralysis, epilepsy.

Population, December, 1867 23,971,337

The total number of insane.
The total number of idiots.,

Total number of unsound mind.

16,929
21,031

37,960

Proportion of insane and idiots to population, one in six hundred
and thirty-one, or ratio per one thousand

Proportion of insane to population, one in fourteen hundred and
sixteen, or ratio per one thousand

1.58
.70

Population, 1864

INSANITY IN AUSTRIA.

German Austria, exclusive of Hungary.
Number of Insane in Asylums.

13,000,000

In Public Asylums .
In Private Asylums,

Total

3,065
150

3,215

Proportion of insane (under treatment) to population, one in four
thousand and forty-three, or ratio per one thousand

.24

Number of Asylums.

Public Asylums..
Private Asylums.

Total

14
4

is"

Expenses of Public Asylums, eight hundred and seventy-three thou-
sand seven hundred and fifty-six florins, or four hundred and twenty-
two thousand eight hundred and ninety-seven dollars and ninety cents,
which gives an average weekly cost per head of two dollars and sixty-
five cents.

• {

In six asylums visited in 1870, the number of patients resident!

was i 2,302

Admitted

Cured

Died

1,741
377
543

Number treated * j 4,043

Per cent of cures on admissions

Per cent of cures on number treated..

Per cent of deaths on admissions

Per cent of deaths on number treated.

The new asylum, Klosterneuberg, was also visited. It was opened in
eighteen hundred and seventy, so there was no report for the year. The
number i-esident was one hundred and twenty-three.

The average weekly cost of maintenance of indigents in the Public
Asylums visited was two dollars and thirty-nine cents.

The Statistical Bureau gives three hundred and ninety-seven thousand
and ninety dollars as the cost of supporting four thousand four hundred
and ninety-nine pauper patients in eighteen hundred and sixty-nine —

An annual cost per head of.
A weekly cost p^r head of..

§88 26
1 70

The principal assigned causes of insanity: inherited or congenital
tendency, aflliction, poverty, remorse, intemperance.

The principal causes of death: disease of the lungs, paralysis of the
brain, marasmus.

INSANITY IN THE GERMAN STATES.

Population, 18G4 13,747,637

Xumber of Insane in Asylums and Hospitals.

In Public Asylums...
In Privtito Asylums.

Total

9,962
633

10,595

Proportion of insane (under treatment) to population, one in twelve

hundred and ninety-seven, or ratio per one thousand .77

Number of Asylums.

Public Asylums...
Private Asj'lums.

Total.

In ten asylums visited in 1870, the number of patients resident

was

Admitted

Cured

Died

Number treated.

2,495

1,046

276

290

3,541

Per cent of cures on admissions

Per cent of cures on number treated..

Per cent of deaths on admissions

Per cent of deaths on number treated.

At Illenau the numbers for ten years were obtained. They were as
follows:

Admissions

Cures

Deaths

Number treated.

4,086

1,570

597

4,512

Per cent of cures on admissions

Per cent of cures on number treated..

Per cent of deaths on admissions

Per cent of deaths on number treated

38
34
14
13

The average weekly cost of maintenance for indigents in the Public
Asylums visited was one dollar and sixty cents. .,

INSANITY IN BAVARIA. ♦

Population, 1864 4,807,440

Number of Insane Under Treatment.

In Public Asylums..
In Private Asylums.

Total

1,831
19

1,850

Proportion of insane (under treatment) to population, one in two
thousand five hundred and ninety-eight, or ratio per one thou-
sand

.38

Wumber of Asylums.

Public Asylums..,
Private Asylums.

Total.

In 1861 the population was

The total number of insane

Proportion to population, one in nine hundred and fifty-seven,
or ratio per one thousand

4,689,837
4,899

1.04

In the six District Lunatic Asylums the number of patients Octo-
ber Ist, 1865, was

Admitted during the year

Cured

Died :

Number treated in 1865-6.

1,051
529
171
150

2.180

Per cent of recoveries on admissions

Per cent of recoveries on number treated.

Per cent of deaths on admissions

Per cent of deaths on number treated

32
7

28
6

The average weekly cost of maintenance per head in the above Dis-
trict Asylums was, in 18G5-6, two dollars and fifty -three cents.

Causes of insanity not specified; but in about twenty-nine per cent of
the whole number of cases the insanity Avas hereditary.

The principal causes of death: consumption, general paralysis, pleurisy
and pneumonia, marasmus.

658

In three asylums visited in 1870, the number of patients resident

was

Admitted i 324

Cured 112

57
982

Died

Number treated.

Per cent of recoveries on admissions

Per cent of recoveries on number treated.

Per cent <ft' deaths on admissions

Per cent of deaths on number treated

INSANITY IN SWITZERLAND.

Population, 1860 2,510,494

In two asylums visited in 1870, the number of patients
wj^y .

resident

462

The report for the asylum at "Waldau is as follows;

295

Pnred

Died ^

19
378

•

Per cent of cures on admissions i 38

Per cent of cures on number treated..

Per cent of deaths on admissions

Per cent of deaths on number treated.

Average weekly cost of maintenance of indigents is one dolhir and
sixteen cents. ^

INSANITY IN BELGIUM.

Population, 1865 4,984,451

Number and Distribution of the Insane, December 31st, 1865.

Private.

Pauper.

Totals.

In hospitals and asvlums -

1,579
2,000

3,852

5,431

J. J
Estimated number at large who

their families

are supjDorted by

Totals

3.579

3,852

7,431

4 —

Proportion of insane to pojoulation, one in six hundred and seventy'

one, or ratio per one thousand 1.49

Proportion of insane (under treatment) to population, one in nine!

hundred and seventeen, or ratio per one thousand.

1.09

Kumber of insane under treatment in hosjntals, January 1st, 1865.1 5,441

Admitted during the year.
Cured

Died

Number treated in 1865.

1,851
642
595

7,292

Per cent of recoveries on admissions

Per cent of recoveries on number treated.

Per cent of deaths on admissions ,

^ Per cent of deaths on number treated

34
8

32
8

Number of Asylums for the Insane, 1865,

For male patients only .
For female patients onl}
For both sexes

Total

17
17
17

Twenty-seven of these asylums are for private patients and paupers;
sixteen are for private patients only, and eight for paupers only.

The average weekly cost of pauper patients varies from tive francs
and four centimes to ten francs and fifty centimes, or from ninety-five
cents to two dollars.

The fifty-one asylums of Belgium have a total capacity of five thou-:
sand three hundred and eighty-seven patients.

The principal assigned causes of insanity are: poverty, losses, etc.,
intemperance, domestic trouble, disappointment.

The principal causes of death are: cerebral marasmus, general paral-
ysis, consumption, chronic bronchitis.

In eight asylums visited in 1870, the number of patients resident
^\' a s

Admitted into five of these asylums.

Treated in five of these asylums

Cured in five of these asylums

Died in five of these asylums

3,029
769

3,567
232
311

Per cent of recoveries on admissions

Per cent of recoveries on number treated.

Per cent of deaths on admissions

Per cent of deaths on number treated

30
8

40
8

INSANITY IN HOLLAND.

Population, 1868 3,592,415

Number of patients in Lunatic Hospitals. January 1st, 1868

Admitted

3,179
994

Cured

380

Died

358

Is umber treated in 1868 i 4,173

Per cent of cures on jidmissions

Per cent of cures on number treated ..

Per cent of deaths on admissions

Per cent of deaths on number treated.

38
9

36
8

Proportion of insane (in asylums) to population, one in eleven hun-
dred and thii'ty, or ratio per one thousand

Kumber of Lunatic Asylums 12

Cost of Maintenance.

At Eeinier Tan Arkel:

First class, seven hundred florins, and twenty -five florins as entrance
fee.

Second class, four hundred florins, and twelve florins as entrance fee.

Third class, two hundred and twenty-five florins, and are clothed by
the Institute. *

At Meerenberg:

First class, one thousand florins. i

Second class, seven hundred and fifty florins.

Third class, five hundred florins.

Fourth class, three hundred florins.

Fifth class, two hundred and seventy florins.

At Eotterdam (for indigents) :

Two hundred and forty florins. Twelve other patients pay one florin
per day extra for better accommodations.

Average weekly cost for indigents, one dollar and eighty-eight cents.

The principal assigned causes of insanity (mentioned in reports) are:
hereditary, intemperance.

The principal causes of death are: marasmus, consumption, apoplexy,
general paralysis.

In three asylums visited in 1870, the number of patients resident

was

Admitted

Treated

Cured

Died

1,245
321

1,566
123
145

Per cent of recoveries on admissions

Per cent of recoveries on number treated.

Per cent of deaths on admissions ,

Per cent of deaths on number treated ,

38
7

45
9

INSANITY IN DENMARK.

Population, 1860

Total number of insane.

2,605,024
5,135

Proportion to population, one in five hundred and seven, or ratio
2)er one thousand

1.97

Proportion of insane (under treatment) in public institutions to pop-
ulation, one in sixteen hundred and thirteen.*

INSANITY IN SWEDEN.

Population, 1860

Total number of insane.

3,859,728
7,512

Proportion of insane to population, one in five hundred and thir
teen, or ratio per one thousand ,

1.94

Patients in Asylums.

Private.

Pauper.

469

530

553

598

630

641

Totals.

1861 f.
1864 X-

186711.

1,026
1,151
1,271

Calculated population, 1864 4,091,594

Proportion of insane under treatment, 1867, to population, one
in three thousand two hundred and nineteen, or ratio per one
thousand

.31

* See Kndrlein's Report of Asylum at Linz, published in 1866, p. 78.
tHelso och Sjukviirden, 1861, pp. 30, 31.
X Hclso och yjukv'arden, 1864, pp. 26, 27.
B Helso och Sjukvarden, 1867, pp. 14, 15.

Number of insane in asylums and Houses for the Insane, January

1st, 18G4

Admitted during the year a.

Cured and improved

Died

Number treated

Number January 1st, 1865.

1,095

332

163

1,427

1,151

Per cent of cured and improved on admissions

Per cent of cured and improved on number treated.

Per cent of deaths on admissions

Per cent of deaths on number treated

49
11

27
6

Proportion of insane (under treatment) to population, one in three
thousand five hundred and fifty-four, or ratio per one thousand.

.28

Annual cost per head, three hundred and twenty-eight rix dollars and
seventy-nine ore (three hundred and forty-seven dollars and sixtj'-eight
cents, nearly), averaging six dollars and sixty-eight cents per week.

According to the census of 1855 the population was

Number of insane

Proportion to population, one in nine hundred and thirty-five,
or ratio per one thousand

3,641,011
3,893

1.06

INSANITY IN NORWAY.

Population, 1864 1,668,254

Number of patients in asylums January Ist, 1864.

A dmitted

Cured

Died

Number treated in 1864

Number in asylums January Ist, 1865.

557
394
124
35
951
583

Per cent of recoveries on admissions

Per cent of recoveries on number treated.

Per cent of deaths on admissions ,

Per cent of deaths on number treated

31
13

Proportion of insane (in asylums) to population, one in two thou-
tiaiid eight hundred and sixty-one, or ratio per one thousand....

.34

Number of asylums.

According to census of 1855 the population "was I 1,490,047

Total number of insane ; 1,329

Proportion to population, one in eleven hundred and twenty-

one, or ratio per one thousand.

.89

Doctor Bucknill, in eighteen hundred and fifty-seven, reckons the pro-
portion of insane to the population as one in five hundred and fifty-one.

Number of asylums in 1867 9

Number of patients in asylums January 1st, 1867.

Admitted

Cured

Died

Number treated

Number in asylums January 1st, 1868.

667
423
140

41
1,090

727

Per cent of recoveries on admissions

Per cent of recoveries on number treated.

Per cent of deaths on admissions

Per cent of deaths on number treated

INSANITY IN NEW SOUTH WALES.

Population, 1867 447,620

Number of insane, including idiots

Proportion of insane to population, one in three hundred and
eighty-seven, or ratio per one thousand

1,156
2.58

The number of lunatics under treatment, exclusive of invalids, in
eighteen hundred and sixty-eight, was:

Pauper.

Private.

Totals.

At Tarban

397
347

744

223

189

412

620

At Parramatta

536

Totals

1,156

In eighteen hundred and fifty -five the number of lunatics in the Gov-
ernment Asylums was:

At Tarban

At Paija'amatta

Total

197
279

476

In eighteen hundred and sixty-eight the number was eleven hundred
and fifty-six, an increase of six hundred and eighty in thirteen years, or
an annual increase of fifty-two and four one hundredths.

The cost of maintenance is: at Tarban, seven shillings and eight pence;
at Parramatta, eight shillings and five pence.

INSANITY IN THE UNITED STATES.

Population, 1870 38,555,983

Number of Insane.

White......

- •

35,560
1,605

Black

Mulatto

169

Chinese

Indian ^

Total

37 382

Number of Idiots.

White

21 324

Black

2 743

Mulatto

445

Chinese

Indian

Total

24 527

Number of insane and idiots 61,909

Proportion of insane to population, one in ten hundred and thirty-
one, or ratio per one thouaand

Proportion of idiots to population, one in fifteen hundred and sev-
enty-two, or ratio per one thousand

Proportion of insane and idiots to population, one in six hundred
and twenty-three, or ratio per one thousand

.97

.63

1.06

Number of insane under treatment.*

Proportion of insane under treatment to population, one in two
thousand one hundred and seventy-three, or ratio per one
thousand

17,735

.46

Number of patients in asylums, 1870 f .

Admitted during the year f

Cured f

Diedf

Number treated f

15,792

10,229

3,357

1,851

26,021

Per cent of cures on admissions

Per cent of cures on number treated..

Per cent of deaths on admissions

Per cent of deaths on number treated.

33
13

Number of Asylums.

Public Asylums.,
Private Asylums

Total

50
16

The principal assigned causes of insanity: ill health, sijermatorrhcea,
intemperance, domestic trouble, physical disease, religious excitement,
epilepsy.

Principal causes of death: exhaustion (from various causes), epilepsy,
general paralysis, and consumption.

* As nearly as can be ascertained from returns.

t Report for forty-nine asylums. Eeturns could not be obtained from the others.

In thirty-nine asylums visited in 1870, the number resident was.

Admitted ^

Cured

Died

Number treated.

12,907
8,689
3,240
1,519

21,504

Per cent of cures on admissions

Per cent of cures on number treated..,

Per cent of deatlis on admissions

Per cent of deaths on number treated.

37
15
17

o •

Per (

with
accoi

Years.

Population.

Insane.

Idiots.

Total.

;t. sup'd
hospital
nmod's.

1850

23,191,876

15,610

15,787

31,397

4,730

30.30

1860

31,443,322

23,999

18,865

42,864

*8,500

35.42

1870

38,555,983

37,382

24,527

61,909

17,735

47.44

INSANITY IN CALIFORNIA.

Population, 1870 560,247

Native population * I 350,416

Foreign population | 209,831

Total 560,247

Number of Insane,

Males.

Fem'les

Totals.

White

789
15

304

1 093

Black i

Mulatto

Chinese

835

311

Indian

Totals

1 146

* See Journal of Insanity, Vol. XVIII, p. 2.

Number of Idiots.

Males.

Fem'les

Totals.

AVliite

48
2

1
4

Black

Mulatto

1
1

Chinese

Indian

Totals

•

Insane and Idiots classified as Native and Foreign.

Insane.

Idiots.

Totals.

Is ati ve

408
738

70
17

478

Poreign

755

Totals

1,146

1,233

Proportion of insane to population, one in four hundred and eighty-
nine, or ratio per one thousand

Proportion of idiots to population, one in six thousand four hun-
dred and thirty-nine, or ratio per one thousand

Proportion of insane and idiots to population, one in four hundred
and fifty-four, or ratio per one thousand

2.04

.15

2.20

Number of insane under treatment

Proportion under treatment to population, one in five hundred
and thirty-five, or ratio per one thousand

1,'047
1.86

Proportion of native to total insane..
Propoi'tion of foreign to total insane.

Total

35.60
64.40

100.00

Number of patients in Asylum January 1st, 1870,

Admitted during the year

Cured

Died

Number treated

920

562

221

156

1,483

Of the whole number of insane, ninety-one and three tenths per cent
are under treatment.

CHAPTEE IV.

CAUSES OP INSANITY, AND SOME OP THE INFLUENCES OPEKATING
IN ITS DEVELOPMENT.

General Observations — Assigned Causes — Physical Causes — Moral Causes — Observations
upon Assigned Causes — Principal Assigned Causes — Insanity Found in all Countries —
Enumeration of the Insane — Tables Relating to Enumeration — Enumerations Imper-
fect—DitRculties in the way of a Perfect Enumeration — Influence of Age — Influence of
Age in the Different liaces — Influence of Sex — Influence of Marriage.

GENERAL OBSERVATIONS.

From the formidable array made by such an army of insane men and
women, as it is seen with its banners flying in every civilized country, it
behooves us to pause and give it thought; to ascertain as nearly as may
be what causes are most prolific in its production; what conditions of
society most readily lead to its development, and how best to meet its
attacks and arrest its onward march, " more terrible than an army of
banners." Let us first inquire into the causes producing this malady.
In ancient times insanity was attributed to supernatural causes, but as
science advanced and shed its light upon the human race this sujjersti-
tion passed away, until at the present time the causes which lead to it
are known to be as varied as those which affect the physical system, as
will be seen from* the following table, taken from a paper on the supposed
increase of insanity, read before the Association of Medical Superinten-
dents of American Institutions for the Insane, by Dr. Jarvis, of Massa-
chusetts, at their annual meeting at Philadelphia, May, eighteen hundred
and fifty-one:

ASSIGNED CAUSES OF INSANITY.

Physical Causes.

Congestion of the brain.

Disease of the brain. \

Phroenitis.

Epilepsy.

Arachnoiditis.

Apojilexy.

Convulsions.

Hydrocephalus.

Nervous irritation.

Moral Causes.

Mental labor and excitement.
Mental fatigue.
Mental shock.
Mental perplexity.
Excessive study.
Study of metaphysics.
Study of phrenology.
Excitement of lawsuit.
Politics.

Physical Causes.

Excessive pain.

Xeural^ia.

Tyijhus fever.

^Nervous fever.

Bilious fever.

Scarlet fever.

Intcnnittent fever.

Yellow fever.

Gastritis.

Measles.

Gout.

Dyspepsia.

Dysentery.

Erysipelas.

Phthisis.

Rheumatism.

Bilious rheumatism.

Suppression of hemorrhoids.

Suppression of pei'spiration.

Suppression of secretions.

Suppression of eruption.

Suppression of tumor.

Suppression of fistula.

Smallpox.

Varioloid.

Irritation of the spine.

Disease of the spine.

Ill health.

Ill health and solitude.

Ill health and perplexity in busi-
ness.

Ill health and family trouble.

Ill health and pecuniary difficulties.

Ill health and lawsuit.

Old age.

Irregular decay of powers in old
age.

Congenital.

Hereditary.

Injuries.

Concussion of brain.

Lesion of brain.

Blow on the head.

Fracture of the head.

Burn on the head.

Malformed head.

Fall.

Kick on the stomach.

Surgical operation.

Mesmerism.

Insolation.

Want of exercise.

Moral Causes.

Political commotions.

Excitement of Mexican war.

Excitement of visiting.

Sea voyage.

License question.

Anti-rent.

Fourierism.

Preaching sixteen days and nights.

Blowing fife all night.

Application to business.

Eeading vile books.

Seclusion.

Sudden joy.

Hope.

Faulty education.

Day dreaming.

Extatic admiration of works of art.

Seduction.

Domestic affliction.

Domestic trouble.

Family affairs.

Bad conduct of children.

Ill treatment.

Ill treatment from husband.

Ill treatment from parents.

Abuse from husband.

Infidelity of husband.

Infidelity of wife.

False accusation.

Imprisonment for crime.

Difficulty in neighborhood.

Avarice.

Anticipation of wealth.

Speculation in stocks.

Speculation in morus multicaulis.

Speculation in lottery tickets.

Perplexity in business.

Pecuniary difficulties.

Disappointment in business.

Loss of money.

Loss of j)roperty.

Reverse of fortune.

Fear of poverty.

Death of relations.

Death of husband.

Death of father.

Death of son.

Sickness and death of a friend.

Sickness and death of friends.

Sickness and death of kindred.

Murder of a son.

Anxiety.

Physical Causes.

Sedentary habits.

Idleness.

Insolation and drinking cold water.

Exposure to excessive heat.

Exposure to cold.

Bathing in cold water.

Sleeping in a barn filled with new

hay.
Tight lacing.
Excess of quinine.
Metallic vapor.
Prussic acid vapor.
Charcoal vapor.
Pregnancy.
Parturition.
Abortion.
Puerperal.
Cold in childbed.
Lactation.

Sexual derangement.
Disease of uterus.
Irregular menstruation.
Profuse menstruation.
Suspended menstruation at change

of life.
Suppressed menstruation.
Hysteria.
Carbonic acid gas.
Working in white lead.
Acetate of lead.
Excessive labor.
Bodily exertion.
Lobs of sleep.
Intemperate use of snuff.
Intemperate smoking.
Intemperate opium eating.
Syphilis.
Vice.
Immorality.

And winds up by saying: "These are not all the diseases, accidents,
events, etc., that can disturb the regular action of the brain."

Moral Causes.

Anxiety and loss of sleep.
Anxiety for absent friends.
Home sickness.
Fright.

Disappointment.
Disajjpointment in love.
Disappointment in ambition.
Unrequited love.
Want of employment.
Want of occupation.
Destitution.
Mortified pride.
Ungoverned passion.
Virulent temjjcr.
Misanthropy.
Jealousy.
Envy.
Duel.

Eeligious anxiety.
Religious excitement.
Eemorse.
Millerism.
Mormonism.

Struggle between the religious prin-
ciple and power of passion.
Epidemic influences.

OBSERVATIONS UPON ASSIGNED CAUSES.

Prom this formidable list of assigned causes of mental disturbance we
see there is scarcely a disease of the body, an emotion of the mind, or a
feeling of the heart that may not act as an exciting, if not an actual
cause in the dethronement of man's reason. " Dr. Ludwig, of the Hep-
penheim Asylum, expressed the opinion that the cause of insanity is
extremely obscure and not easily defined, and thinks that most of the
assigned causes are made at the writing desk of the Committing Boards;

that predisposition must exist, and that the form is only the effect, not
the cause." Wo very well know that mistakes are often made by Com-
mitting Boards, even when composed of physiciane, and that symptoms
are too often mistaken for disease; nevertheless we cannot agree with
Dr. iLudAvig and other (jerman Superintendents who assign nearly all
cases of lunacy to hereditary taint. Intemperance was admitted by a few
of those with whom we conversed to be a cause of mental disturbance,
but all others were set aside as unworthy of being assigned a place.
Dr. Ivoei)p6, the intelligent Director and Physician in Chief of the cele-
brated Asylum at Halle, in Prussian Saxony, informed us that eighty
per cent of those committed to his Asylum were from hereditary causes,
and that this was in accord with the experience of the Superintendents
of other institutions in Germany. To say the least, this does not agree
with the opinions of the learned and practical men who have charge of
Asylums in most other countries, and especially in Great Britain and the
"United States.

The preceding list was inserted as a matter of general interest. The
following table comprises the principal assigned causes of insanity:

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INSANITY FOUND IN ALL COUNTRIES.

As the causes enumerated in this Chapter operate with more or less
power and encrfry in producinj^ insanity, we learn that it is found in all
countries and among all nations, but is more prevalent among civilized
than among savage people. It is true that we have no statistical data
upon which to predicate this assertion, as no census of the insane has
ever been taken in savage or semi-barbarous nations. From those who
have resided in these countries, and from travellers who have gone
among them, we learn that but little insanit}^ is known among them.
Caleb Cashing, former United States Minister, states that after a some-
what protracted residence in China he had concluded there were but few
lunatics to be seen or heard of. Mr. Williams, an American missionary,
after a residence of twelve years, says that he only saw two who were
'* upside down," as the Chinese call it, during the whole time.

AH travellers agree that it scarcely exists in Nubia, and that it is
extremely rare in Egypt. In eighteen hundred and forty-four, according
to a statement in the London Medical Gazette, there were only fourteen
in Cairo, being one to twenty-three thousand five hundred and seventy-
two of the population. A few isolated cases have been reported by
Doctors Moreau and Furnari, among the tribes bordering on the African
shores of the Mediterranean, but agree in the general conclusion as to its
scarcity. Doctor Furnari thinks it is in consequence of their " total
abstinence."

Doctor De Forest, of the Syrian Mission, in a letter to Doctor Butler,
of America, says: "It is impossible to obtain accurate statistics of the
insane here, but I think the disease far less frequent than in our own
land." He gives a fearl'ul picture of the treatment of those who are
unfortunate enough to be insane. Doctor Paulding, in the Boston Medi-
cal and Surgical Journal (1852), bears testimony to the same facts.

Doctor Wise, Superintendent of an asylum in Bengal, states as the
result of his experience, "that insanity is less frequent and assumes a
less acute form among the East Indians than among the civilized nations
of Europe." Captain Wilkes, of the United States Exploring Exj^edi-
tion, in a letter to Doctor Brigham, says: "During the whole of my
intercourse with the natives of the South Sea I met no deranged person.
I am confident that had any instance of mental derangement among the
natives occurred, it would have been observed by us."

We all know in this country that for a long time it was supposed that
no Indian had been known to become insane; and so we might show of
all other countries Avhere savages are found in similar conditions, if
deemed important. That it exists in much larger proportions in Europe
and America scarce needs be stated, as it is a fact well known to all wTio
have paid the least attention to the subject, and will be abundantly
proved in this report. That it is not due to any peculiarity of race will
also be shown, at least with regard to some of these peoples, when
brought in contact with more civilized nations and subjected to the
influences by which it is developed.

It is believed to be due to causes inherent in man, or connected with
his condition, habits, and exposures.

Some of these causes belong to the body, as physical diseases —
apoplexy, epilepsy, palsy, scrofula, injuries to the head, general ill health,
consumption — and some are called moral causes, such as anxiety, exces-
sive study, grief, remorse, distress, struggles for gain, ambition. Some
of these causes apply to the savage as well as civilized nations, while

others are applicable exclusively, or nearly so, to a condition of civili-
zation. They vary in their frequency, intensity, and power, and conse-
quently the mental diseases also differ in frequency and durability; to
what extent we will endeavor to show, in a measui-e at least, hereafter.
For the present we desire to exhibit their combined effect upon those
subjected to their influence.

ENUMERATION OF THE INSANE.

Most nations in their enumerations take account of the insane; thus
we find their numbers as seen in the folio wino- tables:

ABLE

Population.

Numbers of Insane
and Idiots.

Proportion of—

COUNTRY.

Insane

Idiots.

Total.

Insane to
Popula-
tion.

Idiots to
Popula-
tion.

Total to
Popula-
tion.

United States
England

1870
1870
1870
1870
1866
1867
1865

38,555,983

22,090,163

o,2"2,837

37,382

24,527

61,909

54,713

9,571

17,194

1 in 1,031

1 in 1,572

1 in 623
1 in 403

1 in 336

Ireland

* 5,195,236

37,988,905

23,971,337

4,984,451

11,122

50,726
16,929

'6,072
39,953
21,031

1 in 467

1 in 855
1 in 950

1 in 302

France

90,679 ' 1 in 747

37,960 i 1 in 1,416

7,431 !

1 in 418

Prussia

1 in 1,139 1 in <31

Belgium

1 in 6vi

Total

136,008,912

279,457

1 in 486

T ABL E.f

Countries.

Census ta-
ken once
in :

Populat'n.

Number of Insane.

Males.

I Proport'n

to
Feml's Totals. Populat'n

Ireland

England and Wales

Newfoundland

Nova Scotia

Prince Edward's Island-
United States

France

Savoy

Belgium

Holland

Hanover

Prussia

Saxony

Bavaria

Wurtomburg

Hesse Darmstadt

Oldenburg

Denmark

Sweden

Norway

Piedmont

10 years

7 years

10 years

5 years

4 years

10 years

3 years

5 years

10 years

*■ Calculated population.

t From Vital Statistics of Ireland.

1861
1861
1857
1861
1861
1860
1856
1861
1856
1859
.1861
1858
1861
1861
1861
1861
1855
1800
1855
1855
1858

5,798,967

20,060,224

122,638

330,857

80,857

31,445,080

36,012,669

542,535

4,529,560

3,308,969

1,888,048

17,739,913

2,225,240

4,689,837

1,720,708

856,907

287,103

2,005,024

3,041,011

1,490,047

5,041,853

3,500

11,249

166

143
2,019
1,038
1,591

2,576
690

446
2,543
1,898

619

3,565

13,090

174

107
1,998
1,101
1,493

7,065

24,345

340

148

23,999

35,031

310

4,017

2,139

3,084

1 in 821
1 in 824
1 in 1,394
1 in 973
1 in 546
1 in 1,310
1 in 1,028
1 in 1,750
1 in 1,128
1 in 1,547
1 in 612

2,323
648

1,559 ; 1 in 1,427
4,899 I 1 in 957
1,338 1 in 1,286

508
2,592
1,995

710

954
5,135
3,893
1,329
1,750

1 in 301
1 in 507
1 in 935
1 in 1,121
1 in 2,881

40
Table,

Countries.

1844.«

1850.t 18574

Population

Insane.

Ratio. Eatio.

Eatio.

1860.

Eatio.

1867.11

Eatio.

Spain

Italy

Belgium

Holland

France

United States.
Malta & Gozzo
"Westphalia...

England

Ireland

Scotland

Norway

Brunswick

Cities.

London

Paris

Petersburg ...

Naples

Cairo

Madrid

Eome

Milan

Turin

Florence

Dresden

Brunswick

4,058,000

16,789,000

3,816,000

2,302,000

32,000,000

17,069,453

120,000

1,283,142

13,089,358

7,784,536

2,365,807

1,051,300

262,948

1,400,000

890,000

377,000

370,000

330,000

204,000

154,000

151,000

114,000

80,000

70,000

37,583

569

3,441

3,763

2,300

32,000

17,457

130

1,535

16,222

10,059

3,652

1,909

488

7,000

4,000

120

479

320

618

331

236

1.50

104

1 in 7,180
1 in 4,876
1 in 1,014
1 in 1,001
1 in 1,000
1 in 977

lin
1 in
lin
1 in
lin
1 in
lin

932
846
807
774
648
551
539

1 in 200
1 in 222
1 in 3,142
1 in 772
1 : 23,572
1 in 3,400

1 in
1 in
liu
lin

480
244
341
339
446

1 in 3613^

1 in 7,181
1 in 3,785

1 in 1,000

1 in 666

1 in
1 in

400
531

1 in 795

1 in 577

1 in 551

1 in 1,667
1 in 3,690
1 in 816
1 in 1,223
1 in 1,773

1 in 700
1 in 2,125
1 in 513
1 in 550

lin 444

1 in 432
1 in 325
1 in 368

ENUMERATIONS IMPERFECT.

•

These statements of the insane are doubtless imjserfect in all countries,
and certainly very imperfect in some of them. It is impossible to obtain
full accounts of the insane through public offices as at present organ-
ized, and an}' other and more perfect sj-^stem would probably be deemed
too expensive by most (loverinneuts. We have reason to believe that
many are concealed from public vievv", and that families refuse to report
them to ordinary officers.

■DIFFICULTIES IN THE AVAY OF PERFECT ENUMERATION.

. Massachusetts seems to have understood and ai^preciated these diffi-
culties at an early date, and in eighteen hundred and fifty-four
appointed a Commission, consisting of Levi Lincoln, Doctor Edward
Jarvis, and Increase Sumner, to ascertain the number and condition of

* See London Medical Gazette, April, 1844.
"t American .lournal of Insanity, Vol. VII, p. 286.
J Bucknill & Tuke on Insanity, p. 47.
g Journal of Insanity, Vol. XVII, p. 348.
jl Manning's Eeports, p. 109.

the insane in the State; distinguishinir as accurately as may bo between
the insane, properly so considered, and the idiotic or non compos; between
the furious and harndess; curable and incurable; and between the
natives and tbrei<;ncrs, and the number of each who are State paupers.
(Sec Insane and Idiots, Mass. 1854).

This Commission addressed circulars to every physician in the State,
setting forth the facts that they desired to obtain, and asking their
assistance and cooperation. There were at that time fifteen hundred
and fifty-six physicians in the State, of M'hom all but four responded,
giving every case within their knowledge.

Besides these, many of the clergy, Overseers of the Poor, and other
persons known or supposed to be interested in or informed upon the
subject were consulted and their assistance asked.

After twelve months of constant, persistent, and untiring labor the
most complete, able, and satisfactor}- report ever made of the insane and
idiots in any State or country was the result. It was not only impor-
tant to Massachusetts, but to all other States and countries. The subject
of Inquiry was of a general character, and the facts found and infer-
ences deduced as applicable to all the world as to Massachusetts.

Without going into the details of the modus operandi by which the
information was obtained, it is sufficient to s^tate the result in a few par-
ticulars. Of the lunatics found, fifteen hundred and twenty-two were
paupers, and eleven hundred and ten were sujjported by their own proj)-
erty or by their friends, making a total of two thousand six hundred
and thirty-two, or one to every four hundred and twenty-seven of the
population; whereas an enumeration made by another Commission, in a
dilterent way, a few years previously (eighteen hundred and fortj'-eight),
showed onl}- one to five hundred and ninety-two of the population. The
United States census of eighteen hundred and sixty showed one to five
hundred and eighty-five, and in eighteen hundred and seventy, one to
five hundred and forty-seven. These figures demonstrate the imjjcrfec-
tions of general enumerations, and the ditference exhibited by a census
perfectly taken. This diff'erence, we think, may safely be added to the
enumerations made in other countries.

INFLUENCE OF AGE.

Among the causes of insanity, age is supposed to have its influence;
at all events, it is a fact established by the observations of most men
who have written upon the subject that a larger proportion become
insane between the ages of thirty and forty than at any other period of
life. The general enumerations of the insane do not show their ages,
but this is stated in all those who are committed to hospitals, and thiis
the deficiency is in a measure supplied, and we are thereby enabled to
arrive at approximate conclusions.

There are, however, some notable exceptions to this general rule.
The experience of Esquirol at Charenton showed the largest number of
admissions between twenty and thirty. The experience of Doctor Erie
at Eloomingdale, and that of Doctor Hood during ten years at Bethlem,
is in accord with that of Esquirol at Charenton, though the Avhole expe-
rience of Esquirol was in accordance with the general rule, while that
of Doctor Tuke was in favor of the earlier period, betAveen twenty and
thirty. It will be seen by the following table that in France, Italy, and

Holland the greatest number become insane between the ages of thirty
and forty, while in Ireland and at tlie York Retreat the greater number
was between twenty and thirty. The table also shows tliat the numbers
decrease as we ascend or descend the scale. This result may be attrib-
uted to the fact that at that period of life both males and females are
more exposed to the various exciting causes than at an}^ other. It is
contended by some authors, however, that the age between thirty-five
and forty exercises a special influence over the production of insanity;
but of this we have no other evidence than that already cited. The fol-
lowing table will show the influence of age, illustrated by statistics of
different countries:

Table.

Influence of Age, illustrated by Statistics of Different Countries.

France.
1853.

Trelakd.
District Asy-
lums, 1870.

Italy.

Florence

Asvlum,

1868.

Holland.
1844 to 1864.

Total.

!2i

^"^

AGE.

P o
' — -i

g
c

^^ <-i

g
a'

roporti
age to

=» 3

0^.

c
s

c 5-

s o

a o

r+ O

ri-O

■^5

o £=

O 3

2.3

0.3

^ P

^ fo

0 »

J3 c^

.^iS

"^P

r,, rt>

^, <t:

: c^

2 ct>

i: ^

CX? c

Jq a

» 0

s ^

g V

: ^

cnj s"

f-^

• n

S c*

•• o

•

■ c

: :^

?■ 0

Under 10 years I
10 to 20 years... J

1,809

5.90

1 187

.08
8.14

.96
5.73

66
653

.,56

5.57

} 2,738

6.08

20 to 30 years

5,912

19.27

713

31.05

21.66

2,681 2

2.87

9,374

20.83

30 to 40 years

8,470

27.61

593

25.83

24.52

3,045 2

5.98

12,185

27.08

40 to 50 years

7,011

2^.86

374

16.29

21.02

2,370 1

,0.22

9,821

21.82

50 to 60 years

4,610

15.03

229

10.00

13.06

1,672 1

4.27

6,552

14.,56

60 to 70 years

2,022

6.59

145

6.31

7.64

867

7.40

3,0.58

6.79

Over 70 years

839

2.74

2.30

5.41

867

8.13

1,276

2.84

Unknown

2,203

2,240

Totals

32.876

2,333

314

11,721 ..

47.244.

Doctor Tuke says: "During the forty four years between seventeen
hundx'ed and ninety-six and eighteen hundred and forty, of those
admitted at the Eetreat the greater number (one third of the whole)
were attacked between twenty and thirty j'ears of age. Each subsequent
decennial period is marked by a gradually decreasing proportion. Thus,
of every hundred cases at the origin of the disorder there were, at suc-
cessive periods of life, as follows:

0-10

10-20

20-30

30-40

40-50 50-60

60-70

70-80

80-90

.96

12.77

32.53

20.00

15.9 10.6

6.3

.97

.24

" Now it is obvious that to render these statistics of any value they
must be conipareil with the numbers living in the same community at
the same periods of life. This means of comparison we aftbrd in the
following table.

'•Of every hundred individuals there were living, at successive decen-
nial periods of life, as follows:

O-IO

10-20

20-30

30-40 40-50

50-60

GO-70

70-80

80-90

16.7

18.9

15.4

12.4

11.9

10.8

7.8

4.9

1.2

'^ From which it is evident that the large proportion of persons who
become insane, of those atlmitted at the Ketreat, between twenty and
thirty j^cars of age, cannot be explained by the greater proportion of
the number living at that period. On the contrary, there Avere more
living under ten years of age and between ten and twent}". These facts,
therefore, exhibit an increased liabilit}' to insanity connected with the
age between twenty and thirt}'; or man during that period is brought
into contact with an increased number of the causes of insanity. It is
probable that it is the combination of these two circumstances which
induces this result."*

In eighteen hundred and fifty the greatest number of inhabitants of a
given age in the United States was under ten, the next greatest between
ten and twenty, and so on, gradually decreasing to the end. We pre-
sume that these proportions have been maintained to the present time;
and as we have not by us any census of a later date setting forth this
particular fact, we have made use of it in preparing the following table,
taking, however, the number of insane for eighteen hundred and seventy
instead of eighteen hundred and tifty, and leaving idiots out of the com-
putation. From this it will be seen that though there are many more
persons living under ten, between ten and twenty, and between twenty
and thirty, than between thirty and fort}^ still the number of insane of
the latter age are greatly in excess of those of any other age.

* See Bucknill & Tuke on Insanity, p. 245.

Table.
Influence of Age illustrated by Statistics of the United States.

AGE.

No. Insane, 1870,

Proportion at each
age to total of
known ages.

Popula'n

No.Ins'e

Under ten years

0,739,041

5,420,421

4,277,318

2,825,819

1,846,660

1,109,540

609,926

257,234

77,382

11,695

2,555

14,285

324
1,992
7,096
9,109
7,976
5,264
3,307
1,569

455
62
15

213

29.08

23.38

18.46

12.19

7.97

4.79

2.63

1.11

.33

.05

.01

I'^Vom ten to twenty years

5 36

From twenty to thirty years

From thirty to forty years

19.09
24 51

From forty to liity years

21 46

From tifty to sixty years

14 16

Prom sixty to seyenty years

From seyenty to eighty years

From eighty to ninety years

From ninety to one hundred years.
One hundred j^ears and upAvards..
Unknown

8.90

4.22

1.22

.17

.04

Totals

23,191,876

37,382

100.00

100 00

INFLUENCE OP AGE IN THE DIFFERENT RACES.

The following table has been made for the 2'>urpose of showing the
susceptibility to insanity of the different races inhabiting our continent,
and the ages at which they are most liable to the seizure of this terrible
malady. »

■^

1-^

■~

'*^.

"a
1

i - Si -^ c* o ?;

o
"a

i o M >;: i> ""M^ >ci^ — 1 M ■M

3 '-2

: CI -r cc oj -^

'•5

i : i : icow-'S'i-ii-i |-h : : :

iiiir

M 1^ :

: : : : jc^ccc^^h ::—<:::

S
la

"3
1

: : : : :s;oco j i j

: :^

o
S

: : : ; ;'^'^^ ; ;

-J-

i i : : ia5-<<i^ j j j

V i i i I 1 : i i

: iif"

a
o

: ■cci>i>c;3;5022"'"'-' • • :
: : r-tcoccco»-4i-i : : ;

o
'a
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The preceding table shows a most interesting fact, that may or may
not be overthrown by further investigation and longer experience. It
will be observed that while the general rule under discussion holds good
with the Chinaman and the Indian, that both the black and mulatto are
most liable to become insane between twenty and thirty, and that this is
true with regard to both males and females. This may be the result of
accident; but from our knowledge of the race, derived from a long resi-
dence among them in the Southern States, we are of the opinion it is the
result of a natural law. Their development, both intellectual and physi-
cal, is of much earlier growth and maturity than that of the Caucasian,
and as insanity seems to attack the human race most frequently at that
age when all the faculties are in fullest maturity, and most powerful,
energetic action, there would seem to be no reason why the negro should
be an exception to the general law. These reflections, however, are
made more to direct the attention of future investigation to the subject
than with a view to the jsromulgation of a new theory or the enuncia-
tion of a new idea.

INFLUENCE OF SEX.

The susceptibility of the sexes to insanity has been a debateable ques-
tion from the days of Ctelius Aurelianus to the jDresent time, most of
those participating in the discussion seeming to be guided by their indi-
vidual experience or their immediate surroundings. Aurelianus, Pinel,
Haslam, and their followers taking sides with the women, while Esqui-
rol, Copeland, Browne, and others took the other side of the question.
In our country. Doctor Eush was of the opinion that more women were
insane from the fact that they are exposed to several exciting causes
from which men are exempt, apparently overlooking another fact, that
men are liable to many causes from the influence of which females are
partially or entirely removed. Doctor Jarvis, one of the closest observ-
ers and most thorough investigators whose writings have come under
our observation, came to the conclusion some twenty years ago, after
exhausting all the information that existed on the subject at that time,
that a few more men than women become insane. (Jarvis on the Com-
parative Liability of Males and Females to Insanity; see American Jour-
nal of Insanity, Vol. VII, j). 1-12.) And from the following table of first
admissions into the Asylums of England, Ireland, France, Belgium, Hol-
land, and Bavaria, during the period specified, it would seem that the
conclusion at which he then arrived still holds good ; though according
to the United States census for eighteen hundred and seventy the reverse
of this would seem to be true in our country, as the number of males
was eighteen thousand one hundred and seventy-four; the number of
females, nineteen thousand two hundred and eight, or an excess of one
thousand and thirty-four females.

Table,

Showing the Influence of Sex.

COUNTRIES.

Period.

Number of First Admissions.

Males.

Females,

Totals.

Pin2;land

1870

1853

1865
1844 to 1864
1858 to 1868

5,124
1,141
3,959

865
4,747

388

4.966
'971

3,487
690

4,526
324

10 090

Irc'laiul

2,112

France

7,447
1,555
9 273

!Beli:;iiim

Holland

Bavaria (Asylum at Irsce)....

712

Totals

16,224

14,964

31,188

The various argument^ made and facts adduced to prove the one
theory or the other, are conclusive evidence to our mind that there is
but little difference in the gross number of the sexes. As classes they
seem about equally subject to this malady, yet dift'erent causes operate
in various proportions on the sexes. Men are more intemperate, which
is well known to be one of the most prolific causes of insanity, its vic-
tims being in j^roportion of about four men to one woman. More men
are engaged in hazardous enterprises and doubtful business speculations,
in gambling and other dissipation, more subject to disappointment and
failure in business operations, more use their brains excessively in study,
in scientitic investigations and ambitious projects, and more are liable to
ordinary accidents and the casualties and exposures of war.

On the contrary, domestic trials, ill health, loss of relatives, and disap-
pointments in love act more powerfully on women, while a few other
causes belonging to peculiarities of organism afiect them only. We must
conclude, tlierefore, that the liability of the excess to insanity is very
nearly equal, and that any dilfcrence in numbers in different countries
and localities depends more on the exposure to the various causes that
produce it than to difference of liability in the sexes; and these must
vary Avith different nations, different periods of the world, and different
liabits of the people. The fact that the percentage of recoveries is
slightl}' greatest among females, and a fortiori, the percentage of deaths
among males, is too well established to require an argument. The reason
of this is obvious; we have already seen that the causes operating on
the sexes are different in some imjjortant particulars; general ill health
and the puerperal condition adding largely to the list among females,
give to insanity its most curable cases; while epilepsy, palsy, and mas-
turbation are more frequent causes among men, and are among the most
incurable cases.

INFLUENCE OF MARRIAGE,

The experience of all writers upon the subject, as far as our observa -
tion has extended, shows conclusively that a greater number of single
than married persons become insane, notwithstanding there are more of
the latter class of the ages most subject to insanity.

't^^

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Female.

13,131
6,941
2,755
1,491

C0_

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Male

15,039
6,519
1,116
2,467

United States.
(Pennsj'lva'a Hos-
pital for Insane,
1841 to 1870).

Totals...

2,5.56

2,.515

464

Female.

1,084

1,183

331

Male

1,472

1,332

133

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1868.)

Female.

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Bavaria.

(District Asylums,
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Totals...

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1870.

Totals...

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CONDITION.

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I

From tho foregoing tabic \vo find that out of every one hundred
patient.s Avhoso civil condition was known, sixty-one and ninety-one one
hundredths were single, twenty-nine and fift^^-oight one hundredths were
married, and eight and fifty-one one hundredths were widowed.

It appears from the census of eighteen hundred and fifty-one that
the condition of the entire population of G'reat Britain (aged twenty
and upwards) was in respect of marriage as follows: ■*'

Unmarried.

Marriod.

Widowed.

Totals.

3,456,310
30.2

6,852,695
57.6

1,178,559
10.2

11,487,664
100

The greater liability of single than of married persons to insanity is
explained in part by the fact that a much larger proportion of the
unbalanced, odd, idle, worthless, restless, dissipated, and improvident
do not marry. The causes of their celibacy and insanity are radically
the same. We know that marriage often leads to insanity; domestic
troubles and afflictions, and all eases of puerjieral insanity being the
most prominent. Yet, on the other hand, it seems to prevent a much
larger number of cases than it produces. The kindly and calming
influences of the domestic circle, the greater regularity of habits, the
freedom from inordinate passions and dissijmted tendencies, all have
their duo eftects in keeping tho mind in a proper state of equilibrium,
which is sanity.

It further aj^pears from the foregoing table that while the greatest
numbers and largest proportions of the insane are among the single and
the smallest among the married population, that the widowed occupy an
intermediate proportion, thus proving conclusivel}^ that marriage is one
of the most powerful agencies in preventing the increase of this dread-
ful malady.

CHAPTEE V.

INFLUENCE OF SOCIAL DISTINCTIONS.

Diseases of the brain are peculiar to no class in society. They are
found in all ranks of men — the high and the low, the refined and the
vulgar, the educated and tho ignorant, the rich and the jjoor — but not in
the same proportion in all classes. The brain is not the mind, but the
organ through which it operates and through which it manifests itself
There are manifold causes and various conditions by which it is dis-
turbed. Many and various events and external circumstances; many
conditions of the body and nervous system affect this organ morbidly.
These pervert its functions, and produce mental disorder. These disturb-
ing causes are distributed in various proportions among the different
classes of society; none are entirely free. Some causes are common to

* See Bucknill & Tuke on Insanity, p. 255.
7

all ranks of men, and others are the especial dangers that hover over
each of the several ehisses. The distinctions in society are manifest
and inevitable, but not more certain than the variety of dangers that
beset their mental health.

The tirst condition of man, that has Itecii fixed upon him from the
beginning, is the necessity of protection and sustenance, and his first
motive of action is his desire to obtain them. To some the means of
living come easil}'. Their sagacit}', industry, and faithfulness procure
for them not only what they need, but enable them to create a surplus
sufficient for future emergencies and for more expensive and luxurious
living. All of these have a competence, and some have great wealth,
with no fear of w^ant. These constitute the higher, but by no means the
largest class of society. Another and larger class, with less mental and
moral power or opportunity, obtain what they need from day to day,
and have thrift enough to secure the means of meeting the ordinary
wants of life and the necessities of sickness and age when they cease to
labor. A third and very large class in every country, called the labor-
ing class, not because they work more than the others, but because, hav-
ing no capital, they obtain their subsistence by the labor of their hands
exclusively. They earn from da}^ to day what they consume, and lie
down at night no richer than they were in the morning. They sustain
themselves as long as strength lasts, but when sickness overtakes them
or old age falls uijon them, having accumulated no capital to fall back
upon they become dependent upon the charity of friends or public
bounty for support.

Below these in the social scale are the entirely dependent or pauper
class, who are housed, fed, and clothed by the general treasur}'. These
are found most numerous in old and least so in new countries. All of
these classes are subject, though in difi'erent degrees, to insanity. Beside
the courses of mental disorder tliat arc common to all, some ajipear more
frequently and act with more destructive power on some classes, while
they are rarely known in others. As a general law the most favored
class have the best natural endowments of body and mind, the best
physical health, the best mental and moral training 'and discipline.
These give them their jiosition and enable them to sustain themselves
therein. Their wisdom and sagacity, thtir power of consideration and
of adapting means to the desired ends, their faithfulness to the law of
their being, and discreet self management, iiisure this prosperity and
the world's confidence.

Fortune is not the blind goddess as commonl}' represented, scattering
her favors without regard to conditions and circumstances, making some
rich who never sought for her blessings, and others poor in spite of their
Avell laid plans and earnest endeavors. As a rule, accident and chance
have but little to do with this matter. Success is almost alwaj's the
result of fitting plans and faithful execution. '-Herein is wisdom justi-
fied of her children, and folly may make a similar boast, the child is
after the similitude of the parent.'' The Avisdom may be merely of this
world, and applied to a nai-row field wherein riches are gathered, or one
^wherein the flowers of fashion bloom. It may be a better wisdom that
leads to self culture, to learning, to the generous and peaceful graces of
character. Whatever it may be, it is sufficient for its purpose. "AYithout
this wisdom of the appropriate kind no man attains to his desired ends.
A man may be a fool in everj'thing else, but he is neither foolish nor
weak in that in which he succeeds. Success in any line of life is then

ovidciico of wisdom appropriate to that purpose, and of strength suffi-
cient for its accomplishment.

The simple fact that men are in the higher social ranks of culture,
character, or wealth, must be accepted as prima facie evidence that they
have good minds, well developed, trained, and balanced; that they have
strength and discipline of character by which they reached their present
position and retained themselves in it. Being generally persons of good
health and sound mind they have in themselves better defences against
insanity than the lower classes that are less liberally endowed and less
ftivored by education and self discipline. Nevertheless, the more favored
and prosperous classes have their peculiar dangers that threaten their
soundness of mind. Here, temptations to excessive mental labor in
business, stud}', in the pursuit of riches and knowledge, ambitious pro-
jects and political strife, all have their influence. In this country, where
no child is bound to follow the paths of his father, where all the avenues
to wealth and distinction are open to any who desire to enter, and the
race of life is free to every competitor, w^iatever may be his history and
preparation, there are some in every rank who are struggling with all
their energy to grasj) what is almost within or even beyond their reach.
Some of these who succeed find themselves in a false position, which
they are not prepared to fill, and are compelled still to fight the battle to
sustain themselves in form and appearance, for which they were not
educated. In this class are the dangers of great reverses in business, of
graceful and fashionable dissipation, and sometimes of gross sensuality;
of disregard to the natural laws of health, in late and unusual hours,
unreasonable eating, inadequate costume, etc. All these tend to over-
work or disturb the brain, and sometimes the mind is disordered and
insanity follows.

The class next below the highest, just described, is composed of per-
sons of comparatively limited fortune. They have less strain upon their
mental powers. Generally they have a more even course of life, and
are more contented with their position; their moderate gains meet all
their necessities and secure them against suffering in days of sickness
and age; yet there are those among them who are earnestly striving to
rise to the higher place, and whose ambition lays too heavy a tax on
their physical and mental energies. Some break down under this un-
natural strain upon their powers. In this class there is less waste of
health and force, in graceful dissipation than in the class above them,
and in coarse and vulgar dissipation than in the classes below. These
have fewer causes of insanity peculiar to themselves than either of the
other classes; and though they furnish the smallest number of victims
to this disorder, yet they have their dangers, under which some of their
members lose their mental health.

The poor have not been wanting among mankind from the earliest
records; nor until the human constitution, with the natural passions and
appetites, shall be changed, and men and women conform their habits to
the lawf^ of health and restrain their self-indulgence, will the 'pooT fail to
appear in every successive generation.

In the world's careless estimation, poverty is simply an absence of the
outward means of life, food, clothing, shelter, and the real and appar-
ently sufficient way of relief is to supply these wants or give their value
in money. This is but a superficial view of this matter. Poverty is
deeper and earlier than present ascertained destitution. It is in a great
measure an original element in the man; in his constitution; in his devel-
opment and education, and in his character.

This class is filled from causes opposite to those that fill the highest
class. The primary grounds of prosperity, sagacity, coordinating
power, physical strength, industry, perseverance, self-discipline, are defi-
cient in the poor. As. a class, they have less health and intellectual
force; less perfect development and education. More of them are of
unbalanced mind, of unreliable judgment; they are more changeable in
pur^Dose; their plans are less in harmony -with their circumstances and
the means at their control, or their power of execution. Here are found
more of the victims of low and gross dissipation — the intemperate, the
debauched; more of those who suffer from hereditary diseases.

The members of this class are generally laborers for wages, and a large
proportion are unskilled, doing the M'ork that simply requires muscular
force Avith the least mental exertion. They earn a bare subsistence
Avhile in health, with little or no surplus to depend upon in sickness and
old age. They exemi^lify the old law, that "from him that hath not
shall he taken, even that which he hath." One element of j)Overty
begets another, and this creates a third, and still others follow, until the
low condition of the man, without and within, is comjolete. As his earn-
ings are small his nutrition is meagre, clothing inadequate, dwelling nar-
row and unhealth}-. He must live with his family in small and unven-
tilated rooms, and breathe impure air; his frame, therefore, is not
strengthened; his brain is inactive, his mind cloudj^; he must conse-
quently accept the coarsest Avork for the lowest Avages, that afi^ord no
means of strengthening his body or elevating his mind to the poAver of
more profitable labor. Depressed, languid, torpid, he often seeks relief
in artificial stimulants, and adds another fountain from Avhich poverty
floAvs. His hard and exhausting toils destroy his buoyancy of spirit,
take aAvav his hope, and neutralize his ambition to rise to a better scale
of life.

From the original ami constitutional character of the poor, and from
their habits and exposure, there is much insanity among them. Poverty
and insanity often spring from the same source. Persons who are Aveak
in intellect, undisciplined, unbalanced, fickle, or excitable, are AA^anting in
the elements of success, and are poor for this reason. Their mental and
moral condition are the sources of much insanity. Their imperfections
or perversities grow into mental disorder. These are not insane because
of their destitution, nor yet poor because of their insanity; but they arc
both because they haA^e in their brains the elements of poverty and
mental disorder. 80, also, intemperance and other sensual indulgences
creates the double destruction of estate and mental health. Drunken-
ness is one of the most fruitful causes both of insanity and pauperism.

The paupers, the lowest in the social scale, have still more the ele-
ments of Aveakness. There are among them more than among others
defective and disordered constitutions;" more diseases both of body and
mind. In some, their disability, original or acquired, Avas manifest;
others have been Aveighed in the Avorld's balance of business or labor of
some kind and found Avanting. The deficiencies and perversities of the
previous class (the poor but independent laborers) are intensified in this.
At least the paupers live nearer the borders of insanity than others, and
a much larger portion pass that bound into luiuicy. Beside these causes
inherent in and acting on the dependant class to produce insanity, they
receive a large supply of recruits from the other and more favored
classes on account of mental disorder. Some men, suificiently secure in
their self sustaining poAver, by their skill and exertions supply all their
wants until they lose their reason, when labor, and production, and

•

income cease toi^cther. If the lueiital disorder be not relieved, and life-
Ion*^ insanity l>e established, the accumulated capital will soon be
exhausted, and the })atient ami his family fall u])on the jniblic treasury
for support. '

In some cases the family may yet have ])o\vei" to support themselves,
especially if the lunatic be not the head and princijial producer, but can-
not add to this the board and care of the patient. Then they throw him
npon the town or State, and join him to the ])auper class, while the rest
of the family remain in the ranks of the independent. These last
described are not nnide insane by their poverty, but their insanity made
them paupers. In this way insanity hangs about the necks of its vic-
tims in all the social ranks, dej^riving them of the power of production,
and consuming an \indue proportion of the famil}" substance. Under this
liurden they gravitate downward, and may ultimately reach the loAvest
depths of pauperism. Another and important fact is discovered; that a
yery large portion of the lunatics in the pauper class are chronic cases,
who have been a long time disordered, anil whose day of healing is past,
and M-hose malady will end oid}' in death.

From all these and manifold other causes the i)ro])ortion of iiisanity
among the paupers is very great as compared with that of the higher
ranks, and indeed with all the independent classes of society.

The annual reports of the Commissioners in Lunacy for England show
the number of lunatics in the independent classes and among the paupers.
From these and other British reports on popnlation and on the poor the
following tacts as to numbers are derived, and the ]n-oportion of lunatics
in the classes are calculated from these iacts:

During the ten 3-ears, eighteen hundred and sixty-two to eighteen hun-
dred and seventy-one, the average annual independent population Avas
twent}^ million three hundred and thirty-eight thousand seven hundred
and ninety-two. The average annual number of independent lunatics
was .five thousand nine hundred and seventy-three. The ratio of luna-
tics in this class w^as one in three thousand four huiulred and five. The
average annual number of paupers was one niillion twentj'-one thousand
eight hundred and seventy-two. The average annual number of pauper
lunatics Avas forty-two thousand seven hundred and sixty-four. The
ratio of lunatics in this class was one in tvs'enty-four. The proportionate
ratios of lunatics to their respective classes were three thousand four
hundred and five to twenty -four, or one hundred and forty-two times as
great in the pauper as in the independent classes of English societ}'.

The pauper lumitics are in the asylums and workhouses, or are other-
Avise subject to official supervision — their numbers therefore are known
and accurately stated. The independent lunatics are in the public and
private asylums and hospitals, and under the guardianship of the State,
through the Lord Chancellor and his agents, and under the observations
of the'Conmiissioners in Lunacy; but there may be others not known to
these authorities who are kept at their homes or privately boarded else-
Avhere. These are not included in this statement of the independent
insane. But the number of these who have escaped the vigilant inqui-
ries of the Government ofticials cannot be very great; admitting, how-
ever, that there were as many as were revealed and reported or even
three or four times as many, sdll the difterences of the burden of lunacy
resting on the pauper class is enormous in comparison with that vrhich
the more favored classes are doomed to sufter.

There w^as a similar disproportion of insanity in the pauper and inde-
pendent classes of Massachusetts, as shoAvn by the report of the Com-

54;

missioners in eighteen hundred and fifty-four, and it is jirobable that the
same exists in every civilized country.

Unfortunately, we have no means of shov/ing this in the United
States and most other countries, though the accompanj'ing table shoAvs
that they constitute a majority of the insane in Scotland, Ireland, and
Belgium, as well as in England, notwithstanding the proportion of the
paujDer population would not exceed a twentieth of the whole in any of
these countries:

COUNTKY.

Population.

Proportion of —

en c
g »

England
Scotland.
Ireland..
Belgium.

Total .

22,090,163
3,222,837
5,195,236
4,984,451

54,713
9,571

17,194
7,431

48,433
6,276
9,498
3,852

per cent
65 per cent

lin
1 in

456
513

bo per cent i in old
55 per cent 1 in 546
52 per cent j 1 in 1294

35,492,687

88,909

68,059

76 per cent I 1 in 521

It has been explained elsewhere and must not be overlooked, however,
that a large majority of these pauper lunatics are no mone furnished by
the pauper element in society in these countries than are the non-paying
patients in our own institutions; most of them were self-sustaining and
independent citizens till misfortune assailed them and deprived them of
their reason and the power to labor. Yet all must admit that pauperism
is one of the most prolific sources from which insanit}^ is supplied. Here
is a grave question for the consideration of those in authority, whether
they may not, by providing means sufficient to accommodate and care
for every one who becomes insane, thereby affording proper treatment
in the early stages of the disease, restore most of these unfortunate
victims of this direful malady to health, the power to serve themselves,
their families, and the State, and whether this is not a duty which every
commonwealth owes to itself and to its members?

CHAPTEE VI.

APPARENT INCREASE OF INSANITY.

For many years it has been apprehended that this fearful malady was
increasing, not only in our own country, but in all other civilized

nations; und as early as eighteen hundred and fifty-one Doctor Jarvis
read a paper on the subject before the Association of ^ledical Superin-
tendents of American Institutions for the Insane, in wliich he said: "It
is a recent thing that any nation has enumerated its insane, and I cannot
discover that an}' nation lias ascertained and rej^orted this twice, and
thus oftered us data for the comparison."'

Since that time other nations have taken an account of their insane,
and some of them several times, but only to prove that insanit}' has
increased, at least apparently, and in some countries very rapidly, within
comparatively a short time. Thus the following table, from official
reports, will show the result in the countries named:

UNITED STATES — TWENTY YKAUS.

Year.

Population .

Numljer

of Insane and

Idiots.

Katie per 1,000

Population,

Proportion
to Population.

1850
1860
1870

23,191,876
31,443,322

38,555,983

31,397 ! 1.35
42.864 1.36
61^909 1.60

1 in 738
1 in 733
1 in 623

ENGLAND — TEN YEARS.

1862

1865
1868
1871

20.336,467
20.990.946
21,649,377
22,704,108

41,129
45,950
51,000
56,755

2.02
2.18
2.35
2.49

1 in 494

1 in 456

1 in 424

1 in 400

SCOTLAND — TEN YEARS.

1862

3,083,989

6,341

2.05

1 in 486

1865

3.136.057

6,468

2.06

1 in 484

1868

3,188,125

6,931

2.17

1 in 459

1871

3,358,613

7,808

2.32

1 in 430

IRELAND — NINETEEN YEARS.

1851
1856

1861
1870

6,552,385
6,164,171
5,798,967
5,195,236

1 in 434

1 in 435

1 in 346

1 in 303

FRANCE — FIFTEEN YEARS.

1851

1866

35,783,170

37.988,905

1 in 795
1 in 418

This shows that the ratio of insane and idiots per one thousand in the
United States in eighteen hundred and fifty was one and thirty-five one
hundredths, or one in seven hundred and eight, and in eighteen hundred
and seventy, one and sixty one hundredths, or one in six hundred and
twenty-three.

In England, in eighteen hundred and sixtj^-two, it was two and two
one hundredths, or one in four hundred and ninety-four, and in eighteen
hundred and seventy-one, two and fortj'-nine one hundredths, or one in
four hundred. In Scotland, in eighteen hundred and sixty-two, it was
two and five one hundredths, or one in four hundred and eighty-six, and
in eighteen hundred and seventy-one, two and thirty-two one hundredths,
or one in four hundred and thirty. In Ireland, in eighteen hundred and
fifty-one, it was two and thirty one hundredths, or one in four hundred
and thirty-four, and in eighteen hundred and seventy-one, three and
thirty-nine one hundredths, or one in three hundred and two. In France,
in eighteen hundred and fifty-one, it Avas one and twenty-five one hun-
dredths, or one in seven hundred and' ninety-five, and in eighteen hun-
dred and sixty-six, two and thirty-eight one hundredths, or one in four
hundred and eighteen.

But even these statements must not be taken as altogether correct.
In the paper of Doctor Jarvis, alread}' referred to, he shows how ver}'
carelessly the ]-eturns from France had been made, and so it may have
been with those from v\^hich our figures were taken: Statistique de la
France, 1866, second series, Vol. XVII. In the United States we have
also shown that all of the insane and idiots have probably not been
found. In England, Scotland, and Ireland, the repoj'ts are mainly
official, showing the number in institutions for custody and cure, in pau-
per establishments Avhere they are kept merely for support, and those
under the guardianship of the Lord Chancellor's Commissioners.

It is probable there are many others who belong to neither of these
categories. Nor must these facts induce the conclusion that insanity, if
it has increased at all, has done so in anything like the proportion here
indicated. The existence of a fact and our knowledge of it are two
very difterent things. Electricity has existed for all time, but our
knowledge of its properties and the purposes to which it may be use-
fully applied is of very recent date. So it may be in many respects
with our knowledge of the insane. We have already shown that many
had existence in Massachusetts who could not or had not been found by
one set of Commissioners who were found by another Commission whose
method of search was different and whose work was more thorough.
^Nor must it be overlooked that since greater attention has been paid to
the insane than formerly many more are brought to light and seek the
benefit of asylum accommodation. Add to this the important fact that
the duration of life among the chronic insane has been much increased
by the greater amount of care and the more humane treatment which
they receive, and we can readily account for at least a portion of the
apparent increase.

It is cxcccdinf^'ly interesting to trace this apparent increase of insanity
in the various countries of the Avorld, and eas}' to show liow much more
rapidly the increase lias been brought to light in those countries where
the most humane and liberal provisions have been made for their accom-
modation. We will shoM', however, that it is not confined to the present
epoch, nor to any particular country; but that it has always and every-
where come forth from its recesses and hiding places whenever suitable
hospitals for the reception of its victims were provided. Thus Eucknill
(t Tuke state that "in the short space of nineteen years the estimated
proportion of the insane in England rose from one in seven thousand
two hundred to one in seven hundred and sixty-nine;" while on the
first of January, eighteen hundred and seventy-one, there was one to
four hundred. This is simply insanit}' revealed by increased attention.

The following extracts from the paper of Dr. Jarvis on this subject
Avill show the results in several States and countries at a Ibrmer period:

'• Thus we find that Avhenever the seeds of this ijiterest are once sown
and allowed to germinate and grow, it si)reads continually thereafter.
"Whenever the attention of the people of any country is called to this
subject, and a hospital is built, there follows a remarkable increase of
the cases of insanity revealed to the jiublic eye and asking for admis-
sion.

" In the year eighteen hundred and thirty-two, Avhen the McLean
Asylum at Somerville, Massachusetts, contained sixty-four patients, the
State Lunatic Hospital was established at "Worcester for one hundred
and twenty patients. This was as large a number as was then su2:»i30sed
would need its accommodation. In eighteen hundred and thirty-six one
new wing, and in eighteen hundred and thirty-seven another new wing,
and rooms for one hundred more patients were added to the Worcester
Hospital, and at the same time the McLean Asylum contained ninety-
three lunatic inmates. In eighteen hundred and forty-two the "Worces-
ter Hospital was again enlarged by the addition of two new wings, and
now these are all filled to overflowing, having four hundred and fifty
patients in May, eighteen hundred and fifty-one, w4iile at the same time
there were two hundred at the McLean Asj'lum, two hundred and four
at the City Liinatic Hospital at Boston, and one hundred and fifteen in
the county receptacles for the insane at Cambridge and Ij:)swich, beside
thirt3^-six in the jails; making one thousand and fifteen lunatics in the
public establishments of Massachusetts in eighteen hundred and fifty-
one, instead of the one hundred and eighty-two which were there in
eighteen hundred and thirty-two " — an increase of eight hundred and
thirty-three in nineteen years.

" Besides these there is now a great demand for the admission of
patients who cannot be accommodated in these establishments already
built, and there is so much interest elicited in their behalf, and the
friends of the lunatics are so alive to the necessity of providing means
of relief for all of these sufferers, that the Legislature has just now
authorized the erection of a new hosj)ital sufficiently large to receive
two hundred and fifty patients.

" The State Hospital at Augusta, Maine, was opened in December,
eighteen hundred and forty, with only thirty patients. In eighteen
hundred and forty-five it was so crowded thut the Trustees asked for
more rooms. In eighteen hundred and forty-seven the building was
enlarged, and one hundred and twenty-eight patients were admitted.

In eighteen liundi'cd unci forty-eight the house was all filled, and more
were offered than could be accommodated, and the Superintendent asked
the Legislature to build still another wing, to enable him to meet the
increased demand.

" The New Hampshire Hospital was opened in eighteen hundred and
forty-two, and received twenty-two patients; these were all that were
offered. In eighteen hundred and forty-three these were increased to
forty-one; in another year, eighteen hundred and fortj'-four, there were
seventy; in eighteen hundred and forty-five there were seventy-six; in
eighteen hundred and forty-six there were ninety-eight; and in eighteen
hundred and fifty the}' reached the number of one hundred and twenty.
In the meantime additions have been made to meet this growing demand
for more and more accommodations.

" The number of patients in the Eastern Virginia As3'lum at Williams-
burgh has increased more than two hundred per cent in fifteen years —
from sixty in eighteen hundred and thirty-six, to one hundred and
ninety-three in eighteen hundred and fifty.

"Those in the Western Virginia Asjdum at Staunton, have increased
more than eight hundred per cent in twentj^-threc years — from thirty-
eight in eighteen hundred and twenty-eight, to three hundred and forty-
eight in eighteen hundred and fifty.

" The average number of patients in the Ohio State Lunatic Asylum at
Columbus, was sixty-four in eighteen hundred and thirty ^nine, and three
hundred and twenty-eight in eighteen hundred and fifty — being an
increase of more than four hundred per cent in eleven years.

'■ Now, no one would imagine that the population of these several States
has increased in these ratios of the increase of the lunatics in their asy-
lums within these respective periods. But it will readily be supposed
that the opening of these establishments for the cure or the protection
of lunatics, the spread of their reports, the extension of the knowledge
of their character, jjower, and usefulness by the means of the patients
that they protect and cure, have created and continue to create more
and more interest in the subject of insanity and more confidence in its
curability. Consequently, more and more persons and families who, or
such as who- formerly kept their insane friends and relations at home, or
allowed them to stroll abroad about the streets or country, now believe
that they can be restored or imjn-oved, or at least made more comforta-
ble in these public institutions, and therefore they send their patients to
these asylums and thus swell the lists of their inmates.

" For the same reason the people in the vicinity of lunatic hospitals
send more patients to them than those at a greater distance. Thus the
County of Worcester, Massachusetts, has sent one lunatic out of every
one hundred and sixteen of its population, while the most remote coun-
ties of the State have sent onlj^ one in three hundred and sixty-one of
their people to the State Hospital since its first establishment.

" In New York, the County of Oneida has sent one in three hundred
and sixty-one, and the remotest counties sent only one in fifteen hun-
dred and twenty-three of their people to the State Lunatic Asylum at
Utica.

" In Kentuck}-, the people of Fayette County sent one in eighty-nine of
their people to the Lunatic Hospital at Lexington, while the farthest
counties sent onl}^ one in sixteen hundred and thirty-five of their popu-
lation to that institution.

"Similar differences in the use of the public hospital are found in

Maine, New Hampshire, Conneetieiit. Ohio, !^[al•yhln<l, Tennessee; and
doubtless in other States the same "vvill be found on investigation.

'• To infer the number of lunatics in the community from the number in
the hospitals is about as unsal'e as to infer the number of births from
the number of children in the schools. Tlie tirst element here is want-
ing: that is, the proportion of all the children that are sent to school.
Xow. as this is very diiferent in ^fassachusctts and England, and Sjiain
and Egypt, no reasonable man would venture to compare the number of
births in these aevei'al countries by the population of their school
houses. The provision for the cure and custody of the insane in these
countries differs as widely as their provision for the education of child-
ren; and yet writers have given us the comparative numbers on this
ground, as in London one in two hundred, because there were seven
thousand in the metropolitan hospitals, and in Cairo one in thirty thou-
sand seven hundred and fourteen, because there Avere fourteen in the
hospitals of that city.

" It must be further considered that many of these statements that
were put forth as positive facts are given in such round numbers as to
aftbrd good reason for supposing that they or their elements are esti-
mates rather than actual enumerations.

'• Thus, in some works on this subject, there are stated to be thirty-two
thousand lunatics in France; sixteen thousand in the United States;
seven thousand in London; four thousand in Paris; two thousand in
Pennsylvania, and one thousand in Massachusetts. Millingen says the
proportion of lunatics to the people is one in one thousand in England,
and in France one in one thousand.

'■ One department in France, Ariege, gives three hundred vagabond
lunatics for four successive years, without change, but these suddenly,
in the filth year, diminish to two hundred and fifty, and in the seventh
year disappear entirel}'. Another department, Seine Inferieure, reports
two hundred lunatics for seven successive years, and another three hun-
dred for three successive years in private families. Saone Haute rejjorts
none, either in private families or as vagabonds, for two years, when
suddenly in one year there appears to be one hundred and ninety-three.
Sarthe reports two hundred and seventy-three lunatics in families in
eighteen hundred and thirty-seven, and then they all disappear and are
reported no more. Mayenee reports eight in families and as vagabonds
in eighteen hundred and thirty-five. These are increased to two hun-
dred and nine in eighteen hundred and thirty-seven, and diminished to
twenty-one in eighteen hundred and thirty-eight, and to eight, the
original rejiorted number, in eighteen hundred and forty-one. There
are so many of these ap2:)avent inaccuracies, such full and round num-
l)ers, and such unvarying totals where there must be some change, and
such sudden and violent changes, out of all relation to the ordinary' cir-
cumstances of society, that vre ai*e compelled to look with distrust upon
the Avhole, and consider it as but little better than mere guess work,
with more or less foundation in fact."

As more attention has been paid to the insane within the last twenty,
five years than ever before, we may fairly conclude that their numbers
have been more accurately ascertained and reported, at least in some
countries. The foregoing extracts prove how rajiidly this malady
appeared to increase prior to eighteen hundred and fifty-two in all the
States and countries where liberal provision had been made for its
proper treatment. We have shown its increase in England and the

United States since that time, and the Chapter on insanit}' in France
affords a comprehensive view of the disorder in that countr}'. But let
Its see what has been the result in the several States and Territories of
the United States, respectively, within the last twenty years. The fol-
lowing table shows the population, the number of the insane, the num-
ber of idiots, and the ratio of each to the total population, in eighteen
hundred and fifty, eighteen hundred and sixty, and eighteen hundred
and sevent3^ It will be observed that the ratio of the insane has
increased from one in fourteen hundred and eighty-five to one in thir-
teen hundred and ten during the first period of ten 3^ears, and to one
in ten hundred and thirty-one in eighteen hundred and seventy; while
during the whole period of twenty years the idiots are not so numerous
in proportion as the}^ were in eighteen hundred and fifty, being at that
time in ratio of one in fourteen hundred and seventy-six, and in eighteen
hundred and seventy, one to fifteen hundred and seventy-one. We have
neither time nor space to analyze each State separately, but the curious
can do so for themselves, as the facts appear in the tables.

TABLES.

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Insane

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Table,

Showing the Population, loith numbers and proportions of Insane and Idiots,
Classified according to Race, in the United States in 1870.

RACE.

Population.

Insane.

Idiotic.

Katio of Insane
to Population.

eg.

hdo-

f n'

Total of Insane
and Idiotic

Ratio of Insane
and Idiotic to
Population. . .

33,586,989

4,880,009

62,254

35,560

1,774

1 1
21,324 [ 1 to 944 1 Ito 1..579

56,884

4,962

1 to 590

3,188

1 to 2,750
1 to 1,807
1 to 1,979

Ito 1,530
1 to 12,450
Ito 2,573

1 to 983

Chinese

1 to 1,556

25,731

1 to 1,118

Nevada will of course come out with flying colors, since all of the
insane of that State, with two exceptions, have been credited to us. As
the table shows a larger proportion of the insane to poj^ulation in the
District of Columbia than in almost any other community in the world —
being one to two hundred and forty-eight — we deem it not only just, but
proper, to show why this is so. The Government Asylum, located in
the District, is not only intended for those who reside within its limits,
but also for the soldiers and sailors of the army and navy of the United
States; and as these are brought from all parts of the Union, of course
the list is swelled far beyond the ordinary projiortion in other communi-
ties. The causes leading to the raj^id development of insanity in this
State will be considered in relation to other matters pertaining to Cali-
fornia.

CHAPTEE YII.

INSANITY IN FRANCE— GENERAL STATISTICS OF THE INSANE FROM
1854 TO 1866— DR. MOTET'S ANALYSIS OF LEGOYT'S WORK.

Having alluded in the preceding Chapter to the imperfect manner in
which the insane in France had been enumerated, even at so late a date
as eighteen hundred and fifty, we take pleasure in laying before our
readers the following able and interesting analysis of M. Legoyt's great
work on the Statistics of the Insane, by Dr. Motet, Secretary of the
Medico-Psychological Society of France, who kindly presented us with a
copy.

This able review of one of the most important public documents ever
published in France cannot fail to interest and instruct all who read it.
We believe it gives a better idea and aftbrds a more comprehensive view
of the number and condition of the insane in France than any work that
has hitherto been offered in the English language; and though it treats
of some topics upon which we have already touched it is given entire:

DR. motet's analysis OF LEOOYT'S WORK.*

The subject of insanity has for some time actively interested the
French mind. People are now no longer satisfied ^s•ith barren sympathj';
they question, they are anxious. Each one imagines it his right and his
duty to probe this deep wound of society, and douljtless with a laudable,
but sometimes inopportune zeal, reforms are proposed on all sides; an
almost radical modification of the legislation which here regulates the
condition of the insane is desired. A word which in our country is
never uttered without exciting a tumult — liberty — is the watchword at
which rally a great number of Avriters who lack only one thing, a little
experience. To these publicists who are animated by the best inten-
tions, Ave will not reply by cold disdain. We have remarked elsewhere f
and we gladly repeat it here, generous illusions are deserving respect;
everything which relates to insanity acquires a dignity, a magnitude
just in projiortion to this measureless misfortune, and those who, excited
liy a deep sympathy, demand of us by what right we violently separate
liom society a being whose reason is affected, deserve to be answered
not merely by denying their comjietence, but by arguments and facts of
a nature to justify our conduct.

Moreover, the time has passed when knov/leilge was an exclusive
monopol}' in the hands of a few. Social problems are debated in open
daj'. "We cannot stay the movement of thought, which, after all, tends
toward progress; and to be silent will be to expose ourselves to deserve
the reproach which, from habit, is still ensih' enough addressed to us, of
seeing nothing beyond a narrow specialt}'. It would be a singular incon-
sistency for us to refuse to examine the elements of an investigation
which every one may possess. The il/b?uYeM?' of Ajiril IG, 18G6, published
a report of the Minister of Commerce, the impression of which cannot
yet have been effaced. These figures, which seem to increase each year,
iind which statistics present from time to time to the impatient but legiti-
mate curiosity of economists and philanthropists, need to be commented
on and discussed; what is of especial im^^ortance is to give them a correct
interpretation, and, accepting them as the stern expression of facts unfor-
tunately too true, not to force results from them — not to deduce too
hasty, and therefore, very probably, erroneous conclusions from them.
Many minds, even the best, accepting them without question, and seduced
by their eloquence (the expression is restricted to a particular signifi-
cation), imagine it their duty to take uji arms against us. Although
silence sometimes serves a just cause better than too much discussion, it
seems to us that we ought not to be silent to-day. We have at our com-
mand the elements wdiich are always wanting to those who can only
make abstracts of accounts. Is it that we consider fruitless those patient
investigations which present to us, at stated periods, the balance of our
intellectual and moral condition? Such is not our idea. We well know
(for we have been aided by it) what labor and research have been
necessary to present at once the imposing array of figures which consti-
tutes the statistics of the insane in France from 1854 to 1860. M. Legoyt
possesses a thorough experieiice in these mattei'S, and we are merely
just in tendering to him here the tribute of praise which he deserves:

* Translated by Miss Martha W. Sawyer, Harrison Square, Massachusetts.

t Of the possibility and propriety of allowing certain classes of insane to leave special
asylums and of placing tlniin cither at agricultural improvement or with their own families.
(Medical Congress at Lyons, 1864); (The Insane before the Law). Paris, 1866.

he has well eomjilcted a thankless task, the scattered materials for which
would have remained in contusion if lie had not collected them, substi-
tuting in place of chaos a fruitful harmony. It is not, then, a criticism
which we are about to make; it is a complement of instruction which
we would present. To harsh figures we would oppose facts; what seenis
to us imj^ortant is to exj)lain how results, apparently deplorable, are due
to the influence of causes very readily appreciable; in short, to solve a
question which has been put to us, and which, in our opinion, will j^laco
us in a most humiliating situation if we leave it unanswered.

The sequestration of the insane in public or private asylums is, at the
same time, a measure of public order and of personal safety. The lunatic
is a sick person who has the right, by very reasoii of the sj^eciul disease
with which he is alfected, to special care; he is also a being dangcrou.s
to those around him; in presence of tins terrible scourge, the most pre-
possessed minds cannot rel'use to admit it, family devotion is, for the
most part, fruitless; they are exhausted by vain efforts; the most gen-
erous sacrifices result only in cruel deception; they are obliged, sooner
or later, to adopt the serious measure of j^lacing in an asylum the patient
whom they can neither jJrotect nor take care of at home. We under-
stand too well how serious are the questions which sequestration in-
volves, even when it is most justifiable, to seek always to hasten it.
Although cure is a performance too often compromised by unwise delay,
we are but feebly disposed to blame the family aftection which, resists
our advice and waits until the last moment to take leave; but we do not
hesitate to blame those who entertain unjust suspicions and represent
the asjdum as the sepulchre of intelligence. It is too lightly flinging
the shroud over the head of the dying; it is too seriously undervaluing
the wisdom and the honor of the physicians who devote themselves to a
task always sad. The lunatic is not fatally condemned to leave the little
reason which still remains in those establishments v^'hich the vivid imag-
inations of some 2)hilanthropists transform into a kind of extinguisher.
There is something better to be done than to address petitions to the
Senate; it is necessary to give an account of thing^ not to seize, with
unreflecting haste, the malicious lucubrations of uniortunate minds still
affected, although they may present the fairest appearance. But to
restrain impulse in France would be to reform our national character,
and although these excesses may not be to our taste, they have, as a
point of departure, a sentiment so elevated as to merit being reduced to
their just value without passion on our part; we have, moreover, good
reasons enough to produce to maintain, without fear, an attitude of
defense, and never to attempt to assume an aggressive attitude towards
those who try to save, by a bold coup de main, their compromised cause.
We shall proceed in this matter in a calmer way, consulting rather the
exj)erience of our predecessors than our own; but, nevertheless, we do
not wish to be hastil}'- accused, or to have it thought that we have gained
nothing during thirty years. We do not think, whatever may be said,
that we arc behind neighboring nations; our legislation, if it is not per-
fect, does not deserve the reproach which it receives, of being, the greater
part of tlie time, insufficient or arbitrary. One cannot den^', without
systematically closing his eyes to evidence, that nowhere is the solicitude
of the State, of the Government, more active than in our country. We
find a proof in these statements which we now possess, and which we
wish to explain to all. Wo have been preceded in this design by our
learned colleague. Dr. Bricrre de Boismont, who published in this coliec-

tion an excellent analysis of the statistical works of M. Legoyt.* We
cannot do better than to follow his steps; findinij ourselves, moreover,
in perfect conforniit}' with his views, we shall be obliged to refer to
points already noticed W him.

The number of establishments, public and private, devoted to the
insane was one hundred and eleven in eighteen hundred and fifty-three.
At the close of eighteen hundred and sixty there were onl}- ninety-nine,
as several of them may have been suppressed on account of their trifling
importance or of their incomplete or irregular organization. On the
first of Januaiy, eighteen hundred and fifty-four, their population was
twenty-four thousand five hundred and twenty-four lunatics of both
sexes. This number increased in the succeeding years, but the progres-
sion has been much less rapid than in the period between eighteen hun-
dred and thirty-five and eighteen hundred and fifty-three. The follow-
ing table will show this:

January 1st, 1854 24,524

January 1st, 1855 i 24,896

January 1st, 1856 25,485

January 1st, 1857 \ 26,305

January 1st, 1858 ,

January 1st, 1859

January 1st, 1860

January 1st, 1861

27,028
27,878
28,761
30,239

The increase was enormous from eighteen hundred and thirty six to
eighteen hundred and forty-six, each quinquennial period presenting an
increase of five and a half per cent; but since eighteen hundred and
forty-six the progression has been greatly diminished. It appears:

From 1846 to 1851.
From 1851 to 1856.
From 1856 to 1861.

.0.71 per cent.
3 87 per cent.
3.14 per cent.

These results should not astonish. The increase in the population of
asylums corresponds to the relief which they bring to the lot of the
insane — a new organization, in which much more attention is given to
the conditions of material life of the patients than formerly. On the
other hand, the foundation of new establishments; the confidence in-
spired by officers and physicians; and, it must be allowed also, the
greater facility of communication. The changes brought about within
thirty years in our customs, in our needs, all favored this movement of
entry. It was the necessarj^ result, foreseen in advance, of a new order
of things. Xow the equilibrium tends to become reestablished, and we
doubt Jiot that from this time for some 3'ears a sensible diminution will
be proved in the still continuous increase of which statistics accuse us.
Everything has contributed to increase these numbers; and it is from
settled convictions that we assert that there has not actually been the

*Annals of Public Hj-giene and Legal Medicine, Second Series, vol. xi, p. 197. Motet.

enormous increase which is indicated. The investigations have been
more carefully made during these last ten years than they had ever
been. Those of whom information was sought understood the import-
ance of such work, and the French Statistical Bureau has been able to
collect materials much more complete than those heretofore placed at
its disposal. This result, the extent of which will be bettor appreciated
in the future, is due to the active and persevering energy with which
M. Legoyt has inspired every department of his administration.

If the population of the asylums increases, the j^roportion of the
insane in relation to the population of France ought also to increase;
but it is imj)ortant constantly to bear in mind, in presence of these
figures, the increased extent each year of public assistance; more
patients relieved and treated; that is all which can be deduced from
them. Thus it is estimated in

Tear,

Population of France.

Insane Under
Treatment.

Proportion to Population.

1851
1856
1861

35,783,170
36,139,364
36,717,254

21,353

25,485
30,239

1 to 1,676 inhabitants.
1 to 1,418 inhabitants.
1 to 1,214 inhabitants.

This is not the exact proportion of the insane to the total population
of the Empire; we must add the insane remaining in families, of which
the number was in eighteen hundred and fifty four nearly twenty-four
thousand four hundred and thirty-three individuals; in eighteen hundred
and fifty-six, thirty-four thousand and four; in eighteen hundred and
sixty-one, fifty-three thousand one hundred and sixty — which makes for
this last year, including the insane treated in asylums, about two insane
to one thousand inhabitants. To what, then, is this increase due? To
the idiots and cretins being included in the statistical tables, and it is
impossible on seeing their number increase from twenty-five thousand
two hundred and fifty-nine in eighteen hundred and fifty-six to forty-
one thousand five hundred and twenty-five in eighteen hundred and
sixty-one, not to conclude, as M. Legoyt has judiciously done, tluit there
was a serious error, the more easily committed since the greater part of
the idiots and cretins remain at home; since previous to eighteen hun-
dred and sixtj'one they were confounded with the general population,
and since, if in accordance with the more complete instructions given
to the Census Marshals, they have been classed apart, it is not surprising
that results so diiferent in appearance have been obtained. This reason
(a more rigid, more exact appreciation of mental condition) should be the
true one.

It is scarcely proba]»le that the number of idiots increased everywhere
at once. But one thing is certain, that in eighteen hundred and fiftj^-six
there were only two thousand eight hundred and forty idiots in the
asylums, and in eighteen hundred and sixty-one three thousand seven
hundred and forty-six of them were counted. The influence of Ferrus
had made itself felt; he had, in a remarkable report, described the incon-
venience which might arise by withdrawing imbeciles and idiots from
the action of the law, and the administrative power had adopted his
views. The number would have increased much more if they had not

made so .£i:rcat a restriction in the admission of idiots. It -would doubtless
be desirable that all who belong to indigent t'an^Uies should be ofi'ectually
relieved. There is, in this way, a i)rogress to be effected, and some
ettbrts have already been made; l)ut it is difficult to think of placing
indefinitely in an asj'lum inott'ensive beings who live a wholly vegeta-
tive lile. It is at the same time imposing too heavj' a tax upon the
department, and, on the other hand, increasing a burden which is already
too real in a large number of our asylums. Moreover, under the general
name of idiots is included a class of beings who are not entireij' useless.
There are imbeciles, feeble minded, as the}' arc called in some localities,
who are good workers and who regularly accomplish a slightly compli-
cated task. Until now they have been unnoticed in statistical state-
ments; they api)ear there now, and augment by so much the total
nuniber. The situation is not then so deplorable as might have been
supposed, and we believe that the deviation will be much less for several
years from now.

"What we have remarked concerning the influence of the reorganiza-
tion of asvlums upon the increasing number of insane under treatment
is cspeciall}' noticeable in the statements of the admissions. One is con-
vinced, by consulting them, that the greatest increase corresponds to the
period nearest to the promulgation of the law of eighteen hundred and
thirty-eight. M. Lcgoyt divides the period from eighteen hundred and
thirty-five to eighteen hundred and sixty into five sub-periods, and he
finds that the proportional increase has been, annually;

YEAES.

Per ct.

From 1840 to 1844

7.94

From 1845 to 1849

3.38

From 1850 to 1854

3.83

From 1855 to 18G0

2.00

Here is also the exact number of admissions from 1854 to 1860:

1855 9,303

185G 9,246

1857 10,024

10,314
10,086
10,785

Which gives, as the annual mean of admissions, about nine thousand
three hundred and fifty-three insane, seven hundred and twenty-seven
idiots, and eleven cretins ; hence, of one hundred jjatients admitted,
there were ninety -two insane, seven idiots, and one cretin.

The admissions are voluntary, that is to say, requested by the families,
or officially ordered by the authorities. The tables which we have here
do not make a distinction which is, nevertheless, of some imj^ortance.
Nearly two thirds of the admissions into the departmental asylums are
made officially; in the departments for pensionnaires, in the private insti-
tutions, including Charenton, there is nothing like it. This occurs,
doubtless, from the negligence of the families of the indigent insane,

from the slighter disturbance of private interests which the presence of
an insane person creates,' and also from prejudices which have not yet
entirely disappeared among the poorer classes, and which are no longer
shared by the better educated classes. The voluntary entries were:

In 1856 in the proportion of.
In 1857 in the jjroportion of.
In 1858 in the proj^ortion of.
In 1859 in the proportion of.
In 1860 in the proportion of.

30.20 per cent.
31.19 per cent.
32.02 per cent.
30.61 per cent.
32.02 per cent.

The official entries were:

In 1856 in the proportion of
In 1857 in the proportion of.
In 1858 in the proportion of.
In 1859 in the proportion of.
In 1860 in the projiortion of

69.80 per cent.

68.81 per cent.
67.98 per cent.
69.39 per cent.
67.98 per cent.

In wealthier families, where the physician is called, if not at the com-
mencement of the insanity, at least as soon as it becomes serious, the
situation is different. Judicious advice is given and often promptly fol-
lowed. They do not wait for the interference of the authorities to effect
an entry; they hope, on the contrary, that by combating the disease in
season they will laave better opportunities of eradicating it, and the
official entr}", which is so common to asylums, becomes almost the excep-
tion in private establishments. This may be seen by the following fig-
ures, which are a statement of the admissions into the hospital (_maison
de sante) direated by Dr. Mesnet and myself:

1856 — 54 admissions, of which 9 were official 16.65 per cent.

1857 — 68 admissions, of which 8 were official 11.76 per cent.

1858 — 74 admissions, of which 9 were official ! 12.15 per cent.

1859 — 74 admissions, of which 7 were official [ 9.45 per cent.

1860 — 54 admissions, of which 4 were official.
1861 — 59 admissions, of which 4 were official.

7.40 per cent.
7.14 per cent.

No other conclusion of interest can be draAvn from it; in the asylums
the entries, which are, after all, a kind of public assistance, should be
under the supervision of the administrative power, and the right of con-
trol which it reserves is not excessive. It is known, moreover, that it
never refuses to open the doors of its siJecial establishments when a
request really justifiable is made; the entry, which, for paupers, is always
made by means of the authorities, takes the name of official entry for
that reason; but, if we except insane vagabonds, incendiaries, and homi-
cides, the Mayors and Prefects never make the decision before having
been sought by the family. One need not, then, infer from these figures
(which might at first surprise) too frequent or too great an intermeddling

of the a<lmiiiistr;ition in the soquestnxtion of the insane. For the large
towns, wliieh, like Paris, have private hospitals, the official entries have
taken place onl}\in desperate eases; and Avhen an insane person has
been arrested upon the highway his faniil}- is immediately notified, if
possil'le, and invited to tlesignate the establishment in which they wish
the patient to be entered. At Paris, it is the Prefect of Police who
makes the arrest. He uses the rii^ht which the law ,<;-ives him to protect
public order and personal safety, and one cannot complain when authority
takes the place of an absent or negligent family. We insist upon this
point, for this right of authorit}^ is now contested with more passion
than propriety; if all the difficulties, all the embarrassments which are
constantly created by the insane in society were well understood; if the
consequences of their acts were examined without prejudice, and inter-
vention always useful, never arbitrary, would perhaps be less promptly
censured: And allow us to saj', there are insane and idiots for whom
sequestration in an asylum would be a blessing; they would escape ill
treatment, detestable calculations dictated by base cupidity; recent facts
which have been developed by tribunals have shown but too well how
far cruelty and ill usage of poor, defenceless beings may be carried.
We believe, therefore, that it is well to leave to the Maj'ors and Pre-
fects the liberty of the initiative, and that to withdraw it would be to
promote the development of abuses already but too common.

The number of women in the asylums is always a little larger than
of the men, and nevertheless the admissions are in an inverse propor-
• tion. The reason of this fact is that the discharges and deaths, and the
mean length of residence, differ much for the two sexes. The mortality
and the (lischarges attain a higher figure among males than females. We
shall refer again to this subject. The following are the figures corres-
ponding to the period eighteen hundred and fifty-four to eighteen hun-
dred and sixty, for the patients present at the end of each year:

YEAR.

Males.

Females.

1854

12,036
12,221
12,632
12,930
13,392
13,876
14,582

12 860

1855

13,264

1856

13,673

1857

14,098

1858

14,486

1859

14,885
15,657

1860

This difference had been already noted from eighteen hundred and
forty-two to eighteen hundred and fifty-four. The j^roportiou was, per
hundred, forty-seven and seventy-seven one hundredths males, and fifty-
two and twenty-three one hundredths females. From eighteen hundred
and fifty-four to eighteen hundred and sixty it is nearly the same, for we
find among one hundred patients forty-eight and ten one hundredths
males, and fifty-one and ninety one hundredths females. This is not the
case among icliots and cretins. Subtracting these from the total num-
ber of insane under treatment, we find among one hundred idiots and

cretins fifty-one and twenty-two one hundredths males, and forty-eight
and seventy-eight one hundredths females.

One of the most interesting subjects of study is that of the curability
or incurability of the insane under treatment. But who does not com-
prehend at the same time how researches of this nature must lack
correctness? Let us, therefore, attach but an indifferent importance to
the figures furnished us by statistics. They are approximate results,
which could only acquire a real value in case it were i:)0ssible to estimate
singl}^ the statistics of each asylum after having deducted from its lists
the epileptic, the paralytic imbeciles (les dements paralytiques), the idiots
and the cretins, for whom incurability is no longer a presumption, but a
certainty. We shall not insist upon this point; when the discharges by
recovery are presented to us we shall find more exact means of estima-
tion, and such as will better merit our consideration.

At what age is insanity most common? Statistics previous to eighteen
hundred and fifty-four agree with those which have just been published;
it is from ihirtj'-five to forty years that we find the most insane of both
sexes. It is likewise the period of life at which males and females
expend the most physical and intellectual activity. It is the age of
complete development; it is also that at which trials are most numerous.
Thus of seven thousand two hundred and ninety-two insane persons
admitted (mean year) for the first time, from eighteen hundred and fifty-
six to eighteen hundred and sixty, we find:

YEAES.

Females.

Total.

From 20 to 30 years 762

From 30 to 40 years i 1,107

From 40 to 50 years ; 857

688
888
676

1,450
1,995
1,533

Bej'ond this period of life the proportion of females increases; at a
single period there is almost an equality; it is from fifty to fifty-five
years — we find four hundred and ninety-five males and four hundred
and fifty-eight females.

TEAKS.

Males.

Females.

Total,

From 60 to 70 years

243
101

324

182

567

Above 70 years

283

Among idiots and cretins it is from twent}' to thirty years that the
greatest number of admissions takes place. That is readily understood;
it is the time at which these unfortunates become most troublesome to
the family and to society, especially those whose physical development
is not too incomplete, and who manifest all sorts of impulses — blind
passions which it is otlen difficult to control. What is the result in the
families of these poor creatures for whom constant watchfulness is neces-
sary, and who become a deeper and deeper source of anxiety? They

embarrass labor and ther oppress by too heavy a tax an account already
limiteil; it becomes necessary to part with them, an<l to ask their admis-
sion inio the asylum. Above litty years the number of admissions is
reduced a little; it might descend to zero without our being astonished,
for idiots rareh' live to that age; it seems probable to us that they must
have inserted in tiie table individuals who are only imbeciles; for the
latter, indeed, the duration of life is more extended than for idiots.

The civil condition of the insane admitted for the first time, from
eighteen hundred and tiftj'-six to eighteen hundred and sixty, has been
stated most carefully, and otters us the following results:

Single

Married

A\'^idowers and widows...,
Civil condition unknown.

Totals.

17,169

14,402

4,045

843

The number of unmarried insane is of itself as considerable as that of
the married and widowed insane. All statistics agree upon this point.
Is it because celibacy predisposes one to insanity? This problem has
long been agitated, aiid the solutions are various. An unmarried person
retains a greater freedom to temptation, and he yields more readily to
those allurements which laraily relations diminish, if they do not entirely
efface; life is less regular, less calm; in trial it is less encouraged, less
supported, and having, generally, no one near to care for him if attacked
by insanity, the doors of the asylum or of the hospital will open far
more readdy to him than to any other. The causes of the numerical
superiority of unmarried persons in the admission are therefore complex.
They have not escaped the sagacit}^ of M. Legoyt, who has judiciously
described them. As to widowhood* it seems to exercise a more unfavor-
able influence upon females than upon males; but to make a correct
estimate it is necessary to find out whether women do not oftener remain
in the condition of widowhood than men, and whether, also, the moral
causes do not play the most important part in these new conditions.

As for the preceding statistics, the examination of the professions fur-
nishes a sad lesson. It is from among the laborers of thought that
insanity receives most victims.f For the period included between eigh-
teen hundred and fifty-four and eighteen hundred and sixty these state-
ments give the enormous number of forty-six hundred and twenty per-
sons engaged in the liberal professions. Compared with the total num-
ber of admissions this result presents a proportion of ten per cent. See
the following table:

*I have no English word more nearly corresponding to "veuvage" than widowhood,
"which I use for both sexes.

t Our investigations lead us to believe the reverse of this to be true in all other countries
than France.

YEAKS.

Number en-
gaged in
the Liberal
Professions

1854 to 1855

1.839

1856

511

1857

544

1858

497

1859

658

1860 - - .

571

Total

4,620

During the same time there were sixty-eight thousand nine hundred
and niuetj^-two admissions. If in round numbers we deduct twenty
thousand idiots and cretins, there remain forty-eight thousand nine hun-
dred and ninety-two admissions, of which four thousand six hundred
and twenty represent individuals having received a liberal education.
Clergymen and members of religious orders amount to twelve hundred
and forty-eight; physicians, apothecaries, and midwives, to six hundred
and thirty-three; professors, learned men, and men of letters, one thou-
sand and ninety-three; artists, sculptors, painters, musicians, eight hun-
dred and sixty. The rest of the catalogue are notaries, advocates,
bailift's, and public officers or employes. The other professions are far
from furnishing so large a quota. This is, as M. Brierre de Boismont
has remarked, another argument in favor of the opinion of those who
think that the progress of civilization affects the development of insanity.
It is just to add, Jievertheless, that it is among this class of persons
that the excitements of life are most incessant, that ambition is most
feverish, and that the sensibility to displa}^ constantly kept in exercise
is liable to the greatest extremes. Military and seafariifg men are not
spared; then come, finallj'^, stockholders and proprietors, the manual or
industrial professions, domestics or hired laborers, and farmers. The
inhabitants of towns constitute more than ojie half the annual admis-
sions, and yet the jiroportion of the people of the rural districts to those
of the towns is as three to one. There are many causes which effect
this result. The insane person is more easily guarded in the rural
districts than in towns; his presence in the family does not so necessa-
rily become the occasion of difficulties and embarrassments of all kinds;
there is more room for him, and fewer causes of annoyance; if he is
sometimes noisy, the neighbors are not disturbed b,y his cries, so he may
remain at home a long time if he is inoffensive. The citizen, even if he
were just as docile and easily governed, becomes, from the fact of his
insanity, a source of consant anxiety. The asylum or private establish-
ment which will open its doors to him will give him a material benelit
which he cannot obtain at home, where, for various reasons, he would be
habitually confined to his chamber. On the other hand, in a family
whose means are quite limited the incapacity of one of its members
becomes a source of expense which the entry into an asylum at the
present very moderate charge immediately reduces. These are constant
facts, and if we add thereto the excitements constantly renewed, the

need of luxury and more active enjoyment, the more frequent deception,
the watching, the excess, etc., we shall understand the enormous dispro-
portion which is presented to us in the following figures:

1850 to 18G0.

Inhabitants of towns

Inhabitants of the country
Residence unknown

Tctils

1— 1

aat

3 g)

V 3

: P-

18.228

950

1G,914

1,481

1,317

36,459

2,529

M. Brierre de Boismont ascertained the same facts in preceding statis-
tics, and the reasons by which he supjjorts them remain true in our day.
There is a perfect accordance, just as in the researches made to ascer-
tain which are the departments which fui'nish the most insane. They
are still the Seine, Seine Inferieure, Seine and Marne, the Ehone, Seine
et Oise, the Eure, the Loiret, the Bouches du Rhone, the Cote d'Or, and
the Yonne.

To conclude that which relates to admissions, we still find, as in the
past, that the Summer months are the months of the most numerous
admissions — that the Winter months are less fruitful.

The study of causes presents difiiculties of more than one hind. "We
must not rely upon the very rigid estimates of statistics essentially offi-
cial. There is not a physician liaving lived among the insane who does
not remember the extreme embarrassment in which he has often found
himself when he has tried to analyze the diverse influences which have
produced the development of insanity. It is very rare to find only one
of the number to which we can with certainty ascribe the actual de-
rangement. Be that as it may, there is a portion of truth in the tables
which M. Legoyt has prepared; and as it was not possible for him to
obtain more accurate statements, we will accejit them. Among these
causes hereditary takes the lead. Modern works, those of Baillarger lu
particular, have represented its full importance. Of twentj^-eight thou-
sand six hundred and twenty-one insane of both sexes, of wdiom the
friends have given the necessary information, there are reckoned four
thousand and fifty-six whose father or mother had been attacked by
insanity; and pursuing the analysis still further, of the insane admitted
in eighteen hundred and fifty-nine and eighteen hundred and sixty it has
been found that hereditary transmission is in some degree obedient to
the law of propagation from sex to sex. The insane mother transmits
the insanity to her daughters, the father to his sons. We reproduce the
following table, which relates to fifteen thousand two hundred and thir-
teen insane:

CAUSES.

Males.

Females.

Total.

Issue of an insane father

412
356

83
2,367

4,862

294

403

110

2,132

4,194

706

Issue of an insane mother

759

Issue of an insane father and mother*

199

Issue of a father and mother not insane.

Unknown

4,499
9,056

Totals*

8,080

7,133

15 213

This gives, out of one thousand insane males, two hundred and sixty-
four bearing the liereditary taint, one hundred and twenty-eight from
the father's side, one hundred and ten from the mother's, twenty-six
from both sides at the same time; of one thousand insane females, one
hundred from the father's side, one hundred and thirty from the mother's,
and thirty-six from both sides.

"What is the share of the causes called physical and of the moral causes
in the development of insanity? For a great number, as we have already
said, it is very difficult to succeed in separating them fully. Sometimes
they succeed each other as consequences the one of the other; some-
times they are so closely linked that any distinction becomes impossible;
but what is beyond doubt is that drunkenness presents itself in a great
number of cases. M. Brierre de Boismont tried vainly to diminish its
influence when he wrote: "The man who drinks to divert his thoughts
fi'om disappointment, and becomes insane, has at first acted under the
influence of a moral cause." This reasoning, which justly exhibits the
complications which may exist among physical and moral causes, is only
applicable to a small minority. Now that attention is aroused in this
direction, it is beyond doubt that insanity receives the greater number of
its victims from among persons addicted to the use of ^coholic drinks.
The nature of intoxication may be curious to determine, for if it is true
that, under one form. or another, it is always the alcohol absorbed which
acts upon the cerebral functions, it is no less true that certain jn'ejjara-
tions into which it enters in a highly concentrated degree give a more
rapid progress to the disease, and a peculiarly serious character. A
remarkable fact, and one which our personal researches have presented
in ail statistical tables, is that it is not in wine countries that delirium
tremens is most frequent. It is in the large towns, in cities where indus-
try is most developed and most active, where there is the greatest
agglomeration of population, that delirium tremens is most common. It
is, moreover, more frequently found at the north than at the south; and
we do not consider ourselves guilty of exaggeration in attributing to the
improvements made in the distillation of beet root, potatoes, and grains
a large share of the increase in the number of the insane. One is justi-
fiably startled at finding that more than one fourth of the persons whose
insanity is attributed to physical causes suffer the penalty of alcoholic
excess. Of eight thousand seven hundred and ninety-seven j)ersons,
three thousand and fourteen were drunkards. Even women pay their

* This is a correct copy of the figures presented in the original, but there is evidently
an error, which I conclude is in either the males or females of the third item — eighty-three
for eighty-nine, or one hundred and ten for one hundred and sixteen.

tribute to this degrading cause. They are, however, in much smaller
number — four hundred ajid forty-one out of seven thousand and sixty-
nine. After tliis comes, in order of frequency, advanced age (I'age
avanct'), diseases of various organs, epilepsy, various diseases of the
nervous system, Onanism and venereal excesses, destitution and misery,
accidents and wounds. Among females, disorders of the genital organs,
appearing either at the time when the uterine functions arc most active
or when they cease, are one of the most frequent physical causes of
insanity. The proportion is one thousand five hundred and ninety-two
out of seven thousand and sixty-nine.

Among moral causes, domestic disapj^ointment plays the most impor-
tant part. Of four thousand nine hundred and nineteen men, nine hun-
dred and eighty became insane from this cause; of five thousand four
hundred and thirty-eight women, one thousand five hundred and
sixty-nine under the same influence. This is a little more than one
fourth, especially if we add thereto the disappointments resulting from
loss of friends, and which may, in a great majority of cases, appear
among domestic disappointments (chagrins.) Afterwards come disap-
pointments resulting from loss of fortune (851), from disappointed ambi-
tion (520), excitement of religious feelings (1095), excess of intellectual
labor (358), love (767), jealousy (45(j), pride (368), anger (123), remorse
(102), isolation and solitude (115), simple imprisonment (113), imprison-
ment in cell (26), nostalgia (78), from a total of ten thousand three hun-
dred and fifty-seven of both sexes.

Under this title ("Aggravating Circumstances ") is found one of the
most instructive paragraphs of all M. Legoyt's publication. General
paralysis is there considered as the complication of insanity, and its rela-
tion to the total population of the asj'lums is precisely stated. A com-
parison between preceding and present statistics presents an increase
of one half; and for ourselves, who live in special circle, in a private
hospital where only the insane of the wealthier classes are received, we
do not find this number so great. For ten j'cars we have seen general
paralysis becoming more frequent; it ajipears sooner in the life of man,
and if one considers that this terrible malady attacks without mercy the
most gilted, one cannot help feeling profound pity for the poor creatures
who, in the midst of their insanity, retain the most delusive ambition —
who, with simple credulity, delight in the most deceptive chimeras.
The dementia {demence) which attaclcs them almost unawares, the dimi-
nution of their strength together with that of their intellect, the progres-
sive deterioration, which may be traced, step by step, is one of the saddest
and most heart-rending pictures which can be imagined. ISTothing stays
its victorious march; with scarcely, from time to time, a few periods of
abatement, abruptly broken by the return of cerebral congestion, with
epileptic {epilepti formes) convulsions, and death, after eighteen years or
two months of a purely vegetative existence, coming to end the sad trial
— this is what wq have daily before our eyes. Paralytic imbeciles (les
dements paralytiques) now present, in the admissions, a number relatively
large. From eighteen hundred and Ibrty-two to eighteen hundred and
fifty-three the proportion was: for males, six per cent; for females, three
per cent. From eighteen hundred and fitty-six to eighteen hundred and
sixty the number increases to twelve per cent for males, and remains
three per cent for females. " Cest que la paralysie gencrale semble recon-
naltre pour cause tout ce que siir excite Vappareil enccphalo-rachidicu;" in its
etiology is found excess of all kinds, as well of pleasure as of labor, and
the ambitious delirium which is one of its commonest characteristics is

very often only the incessant preoccupation of those whom it attacks in
the midst of their need of relaxation, of their insatiable desires. It is
only too certain that, in these later years, general paralysis has had many
more victims; what we have ourselves observed is contirmed by general
statistics. Among epileptics the proportion seems to have diminished;
we do not well explain to ourselves from what influences; we state this
result. From eighteen hundred and forty-two to eighteen hundred and
fifty-three it was, for males, eight and eight tenths per cent; among
females, six and four tenths. From eighteen hundred and fifty-six to
eighteen hundred and sixty it is only four and thirty-one hundredths
among males, and three and seventeen one hundredths among females.
Something here has escaped us, and we are inclined to think that in pre-
ceding statistics the number of epileptics under treatment were given;
in the present, that of the epileptics admitted during the period, which
is very different. In both cases the males are represented by a higher
figure than the females.

Hitherto we have considered only a single side of the question. It
remains for us to see what becomes of the insane admitted and treated
in the asylums — that is to say, to study the discharges before or after
recovery, and the deaths.

The proportional number of the insane discharged before or after
recovery was fourteen and fortj'-six one hundredths per cent from
eighteen hundred and fifty-four to eighteen hundred and sixty. This
number is a little less than that of the period eighteen hundred and
forty-two to eighteen hundred and fifty-three, during which it was six-
teen and thirty-six one hundredths per cent. But that which was
proved at that epoch is also found to-day — more males are discharged
than females. Insanity of alcoholic origin, which is generally cured
quickly, being more common among males than among females, will in
part explain this difference, if we do not also find, to the disadvantage
of females, all chronic diseases of the uterus, difficulties succeeding
delivery, irregular menstruation, etc. Depression has not so deep or so
lasting an influence among males. These are all so many favorable causes
which lead to a more certain and speedy recovery. Be this as it may,
the proportion of discharges after recovery seems to have diminished — •
that of discharges before recovery to have increased a little. We do
not think, for our part, that the difference can be very great. Many
patients leave our establishments, public or pi-ivate, reclaimed by their
friends before their recoveiy can be completed. The heads of the office
report them as improved, but not cured. It is necessary, in order that
the estimate may be correct, to know what has become of these con-
valescents, who for the most part, attain perfect health. These docu-
ments are wanting; all correction is impossible, and t"he numbers have
only an entirely relative value. Thus the mean of discharges after
recovery, from eighteen hundred and fifty-four to eighteen hundred and
sixty, was only seven and seventy-seven one hundredths per cent of
patients treated; of discharges before recovery, six and sixty-eight one
hundredths per cent. Brierre de Boismont had good reason to say, in
eighteen hundred and fifty-nine, that it should not be estimated thus.
Too many elements are found in these statistics, and cannot be officially
separated to make the estimate correct. Who does not see at once that
the general paralytics included in the total number of insane (for exam-
ple) fatally condemned to incurability, the epileptics, nearly all in the
same condition, make of themselves alone the iH-oportion of the chronic
insane considerable; the proportion per cent of cures is reduced at once

before them, and to attain a really scientilie, really correct data, we
should take the acute forms ]n'esuined to be curable, and then see the
results obtained. It' we slioubl adopt this course, Avhich after all will not
lead to very i^reat com])lictitions in the formation of tables, Ave shall not
be discouraged by the disheartening tigure of seven or eight ])er cent of
cures. This is the Aveajton of which the ojjponcnts of the hnv of
eighteen hundred and thii-ty-eight most I'cadily make use.

Indeed, to one who has not the j)0wcr to explain it there is something
very sad in these oiticial statements. We are not reduced to a situation
as discouraging as might at first be believed; and M. Legoyt himself
comes to our aid by saying that among the insane treated who are most
certainly cured are military and seafaring men. AVhy? Eecause they
are men in the strength of youth, who arc generally attacked b}'- acute,
curable forms of mental alienation; because they are submitted to a care-
ful examination at the commencement, and because the disease is treated
almost as soon as it appears, (icneral paraij^sis, Avhich we justl}' accuse
of increasing the iiumber of our failures, does not yet appear among
them. It is from thirty-tive to forty-tive years that it commits the
greatest ravages. Let one deduct i'voni the total number of insane
treated the epileptics, the paralytics, the idiots, and the cretins; let him
retain the acute forms, in indicating each year the probable prognostics
of those remaining under treatment, and he will see that the recoveries
are not so rare as he thinks. As to the discharges before recovery, Ave
do not attach any more importance to them than they deserA'e. What
are the}' generally? Fruitless trials Avhich, after short duration, result
in return to the as3lum. They are escapes folloAved sooner or later by
reentry; they are also transfers fi-om one cstablislnnent to another, of
Avhich care had been taken to keep an account. A more correct data,
and conformable, moreoA^er, to the obserA'ations collected by the chefs de
service, is that of length of treatment among the insane cured. Of thir-
teen thousand six hundred and eight3''-seven insane discharged after
recovery, sixteen hundred and sixty-three Avere discharged after a resi-
dence in the public or private establishments of one month or less. The
greater number, eighteen hundred and eighty-seven, Avere discharged
after Iia'c or six months of treatmcjit; fifteen hundred and nineteen after
seven or eight months; scA'cuteen hundred and forty-eight in the second
mouth. It is, then, in the first months Avhich folloAV the attack of insan-
ity that the cures are most numerous; let us add, also, that they are
most certain; yet it might have been important to describe the forms
Avhich are most quickly relicA^ed. All insanity of alcoholic origin,
especiall}' if the habit of drinking is not inveterate (if there has not
been a preA'ious attack), is decided in a i)eriod of from one month to six
Aveeks. An attack of mania or of true melancholy (melancoUe tranche')
runs its course in five or six months; a feAv, ncA^ertheless, have lasted a
shorter time. Here the influence of cause makes itself felt, and the
influence of constitution; and if one could determine the date of the
appearance of the derangement, in vieAv of these speed}' cures, he Avould
see that the insane who are soonest improved are those who haA^e been
most promptly treated. Moreover, avc join Avithout reserve in the idea
Avhich M. Legoyt has thus expressed: "It is CA^dent that it is the
interest of families, and consequently of society, that the insane should
be placed under treatment as promptly as possible." As to the season
of the year at Avhich the recoveries take place, the following has been
observed of one thousand recoA-eries:
11

Months.

December, January, February..

March, April, May

June, July, August ,

September, October, November

Totals

Females.

195
248
283
274

1,000

"We deem it j^ro^jer, also, to show the effects of the seasons on mor-
tality, and for this jDurj^ose insert the following from the Thirteenth
Scotch Eeport:

" Cold increases the mortality among all classes of the population, and
accordingly the deaths in asylums are most numerous in the colder
months. But it is worthy of notice that while the mortality of both
sexes is higher in "Winter than in Summer, there is a difference in the
tendency to death in the two sexes in the two seasons.

" Of e>very one hundred deaths which took place in asylums in the six
years from eighteen hundred and sixty-five to eighteen hundred and
seventy, fifty-three and fifty-four one hundredths took place in Winter,
and forty-six and forty-five one hundredths in Summer. The number of
deaths of both sexes is greatest in "Winter, but the tendency to death is
in Summer greater among females than males. This is shown by the
following table:

Table,

Showing the Mortality in Summer and Winter in the Asylums of Scotland
for six years, 1865-1870.

Summer.
May to October,

»
"Winter.
November to April.

Male Mortality.

Female Mortality.

Male Mortality.

Female Mortality.

620

690

789

721

As to age, it is from twenty-five to thirty-five years that the greatest
success is obtained; bej^ond this age the number of recoveries gradually
decreases, as the activity of the mental faculties also diminishes. The
following are approximately the causes among about one half of the
patients recovered of whom, alone, any jDositive information "could be
-, obtained. Drunkenness, seventeen hundred and thirty-eight; domestic
disappointments, eleven hundred and seventy-one; various diseases,
seven hundred and sixty-one; diseases peculiar to females, seven hun-
dred and twenty-three; religious excitement, four hundred and sixty.
Hereditary tendenc}' has been noted among fifteen hundred and twenty-
two cured — about fifteen per cent.

The mortality appears to have increased slightly in the asylums in

tlu^ l»ei'i(Kl ineludoii lietwooa eighteen hundred and tit'ty-fuur and eigh-
teen hundred and sixty. In the preceding j-ears it was thirteen and
seventy-five one hundredths percent; in these hast seven years it has
been fourteen and three one hundredths per cent. It is unnecessary to
seek for reason other tlian the cholera e])idenuc of eighteen Inindred
and fifty-four. It decreased in eighteen hundred and fifty -nine to thir-
teen and eighteen one Imndreilths per cent, and in eighteen hundred and
sixty to twelve and fifty-seven one hundredths. Of an equal number,
one hundred and thirty-one nuiles die to one hundred females. More
than twelve per cent of the mortality among the insane took place
within the first month of residence in the asylum, and this number, rela-
tively very large, has given rise to explanations which are not in accord-
ance with tacts. It is said that '-'the cause of these speed}' deaths must
be the arrest, the violent agitation, the deep disappointment which
jjatients must experience on being abru])tly separated from their fami-
lies— confined, without knowing the reason, in this violent way.'" This
is not the truth. The insane who die so quickly bring to the asylum
the diseases under which they sink. We have means to prove that there
is onl}" a very small number who have a semi-consciousness of change of
place.

Xot to extend the limits of this rosume, we shall present the figures
for three years onl}-. "We have gathered them ourselves, we know all
the particulars of the disease, and Ave can prove that moral disturbances
have counted for nothing in the rajjidity of the fatal termination. What
we have noticed many ofiicers have also observed, and Brierre de Bois-
mont has devoted himself to refute an opinion which has not failed to
j)roduce a sad impression. Figures seem to err. It is evident that more
than one fourth of the total number of deaths are to be attributed to
the first three months. But why? It is because frequently there are
brought to the asylum poor patients attacked sometimes with cerebral
tumors; sometimes Avith organic diseases of the respiratory, digestive, or
circulatory organs; sometimes Avith pneumonia and fevf-rs; sometimes
Avith alcoholic intoxication Avith complication. They have been cared
for as far as could be at home. They haA-e only been sent aAA'ay when
frightful hallucination, continued shrieks, and ungoA'ernable impulses
haA'e made it dangerous or impossible. A feAv daA's more and they AA^ould
have died at home. They are brought; the journey is A-erj* fatiguing to
them; they arrive exhausted; they sink in the midst of a delirium
Avhich has not even alloAved them time to perceiA-e that they have been
confided to the hands of strangers. The asj'lum, then, should not be
accused; it is the first disease, of Avhich insanity is then only an acci-
dental manifestation.

One may better judge from the following taljle, Avhich sums up our
professional observations.

In eighteen hundred and sixty-four, of fifteen deaths (eleven males,
four females), six died in less than a year after, their admission:

AGE.

Nature of the Disease.

Length of Kesidence.

70 years

33 years

48 j^ears

80 j'ears

31 years

17 years

Delirium tremens, third attack; epilep-
tic (epileptiformes) convul'^ions

Left May 7th, 1863; relapse;
reentered January 9th, 1864;
died the 13th; four days.

Three weeks.

Eight days.

Two days.
Twenty-nine days.
Fifteen days.

2,
3.

Acute delirium, agitation, and constant
shrieks (cris); nervous exhaustion

Consumptive; cavernes aux deux som-
mets; d^lire de persecutions

Sordid avarice; privations of all kinds;
allowing himself to starve in a garret.
Interference of the Commissioner of
Police. Inanition

Typhoid fever, with hallucination and
d^lire de persecutions; pneumonic

Young woman married fifteen days pre-
vious. Acute delirium; proved her-
editary

In eighteen hundred and sixty-five, of eleven deaths (nine males, two
females), five died in less than six weeks after admission:

AOE.

Nature of the Disease. Length of Kes.

1. 45 years

2. 28 years

3. 34 years

4. 36 years

Complete dementia (d^mence) with general paralysis;

cerebral congestion; epileptic convvxlsions

General paralysis a marche galopante; m^ningo enc6-

phalite suraigu6

Meningo enc^pnalite; maniacal delirium; official entrj^:

nervous exhaustion produced by constant agitation....
Dementia, with general paralysis progressing rapidly;

appearance of disease six months before; venereal

excess; increasing debility (atFaiblissement) T.

One month.
Six weeks.
Eight days.

Fourteen days.

5. 54 years

Consumptive; hallucination and d^lire de persecutions;
agitation ; death rather sudden

In eighteen hundred and sixty-six the mortality reached a very high
figure. From January first to September first we had twelve deaths —
ten males, two females. Five males and one female died in the first
month. We have rarely had a year more unfortunate in this respect.
It will be seen in consequence of some sad circumstances, all accidental,
moreover, that the length of residence has been so short.

Nature of the Disease.

Length Residence.

1. 37 years

2. 44 years

3. 28 years

4. 43 3'ears

5. 26 j'ears

6. 39 years

Appearance ten days previous; carried to the City
Hospital, where his stay was impossible from his
excitement and shrieks; acute delirium; pulse fili-
forme | Twenty-four hours

General paral^'sis; complete dementia; convulsed
condition [Six weeks.

Young priest; sick for a month at the seminary; ex-
citement and shrieks which terrified his colleagues
and prevented their keeping him longer; six hours
travel by rail; extreme exhaustion; pulse at one
hundred and twelve; tj'phoid condition

General paralysis, dating three years back; cared for
until now at home, but for some time creating all
sorts of difficulties; intestinal obstructions; oal-
lonnemont 6norme du ventre; asphj'xie par com-
pression

Alcoholic excess having caused two previous attacks
of delirium tremens; sick for fifteen days in a hotel,
where he continued to drink; frightful hallucina-
tion, shrieks, and violence; on entering, coldness
of the extremities; pas de pouls

Woman. Dread; sleeplessness; d61ire lyp^maniaque;
refused food; then acute delirium; maniacal ex-
citement

Three days.

A half hour.

Fifteen hours

Fifteen days.

It may be thought that we have dwelt too long upon this point; but
it seemed to us important to present these facts with some details; it is
not possible to imagine them when one has only figures before his eyes;
but to every impartial mind it will be very apparent that the mental
condition of those persons who died so quickly after their admission
scarcely allowed them to appreciate the new situation provided for them
by entry into the asylum. IN'ot the arrest, then; not excited feelings —
nothing but serious physical conditions, wdiieh of themselves were suf-
ficient to produce death. Thus that sort of accusation which charges
the asylum with a mortalitj^ whose very natural explanation need not
be so far-fetched, falls of itself

There still remain a few subjects of comment. M. Legoyt completed
his work by researches which, properly speaking, only the administration
promotes. We do not stop there; we think we have said enough to set
forth the qualities which characterize his work, at the same time con-
scientious, impartial, and moderate in its estimates. If we do not always
agree with him, it is because we look from a different point of view,
placed as we are in conditions of special observation which allow us. to
go to the root of things. But we are pleased to acknowledge that it
was impossible to have done better; and such as it is, the statistics from
eighteen hundred and fifty-four to eighteen hundred and sixty constitute
one of the most interesting documents of the annals of mental alienation.

Does this important work which we wish to show accuse us of a situ-
ation as fearful as has been represented? We do not think so. It is
impossible to deny an increase in the number of admissions; but it is
just also to acknowledge that if the special causes which we have enu-
merated have favored this increase, there is now a tendency towards an
equilibrium, which we hope soon to see definitely established. Our
regretted colleague, Parchappe, has noticed, with all the authority of a
long experience, a few of these questions, in a discourse delivered last

year before the Medical Psychological Societjy at Paris.* AVe will not
attempt, after him, to rehabilitate our asylums; Avhoever desires to be
enlightened will ascertain very quickly the general movement, which,
on all sides, tends towards progress, towards perfection, and, conse-
quently, towards the amelioration of the lot of the insane. The statistics
themselves prove to what extent everything is regularly conducted,
seriously observed. The documents of Avhich it is constituted were not
obtained by an idle or ill-directed administration. There is in the supe-
rior as in the inferior ranks of administrative hierarchy a unity of aims
and tendencies which should suffice to reassure those who are disturbed
because they do not well understand the subjects upon which they com-
ment; for ourselves, who are witness of these efforts, who heartily unite
in them, we cannot, without regret, see our intentions undervalued; we
regret that we are judged with a frivolity which we should not have
suspected among men whose habits of serious investigation should have
given them an immunity from such deviations. AVe think that, in view
of this formidable scourge, insanity, it were more generous to assist us,
to sustain us in our sad task, than to create obstacles and to discourage
us sometimes by unjust suspicions. Happily, duty accomplished brings
its recompense with it; and if, in later times, we have been the object of
attacks little deserved, this justice Avill at least be done us, that we have
never refused to reply, not upon the ground of delusive theories, but
upon that of facts. It has seemed expedient for our cause to review the
w^ork of a man as enlightened as capable, placed by his official situation
in that quiet region penetrated neither by the spirit of party nor adven-
turous ideas. AYe have made numerous drafts ujDon M. Legoyt, and
when, in some matters of detail, we disagree with him, it is because w^e
have had in our hands documents which he always lacked. The statistics
which he has published, more complete than those which preceded, are,
in our idea, a work of rare value. They are one of the best arguments
which can be presented to those who try to believe that we allow our-
selves to be soothed by that easy quiet which accepts the j^ast for fear
of disturbing the future. •

CHAPTEE VIII.
INSANITY AMONG THE ANCIENTS.

COMPARATIVE VIKW OF THE CONDITION AND TREATMENT OF THE INSANE AT DIFFERENT
PERIODS AND IN DIFFERENT COUNTRIES.

In the time of the Ancients— In the Middle Ages— In the Eighteenth and Nineteenth
Centuries — In England — In France — In Konie — In the Germanic Confederation —
Observations upon Foregoing Subjects — Cruel Treatment tlie Kesult of Ignorance —
New York Poor Houses — Amelioration in' the Treatment of the Insane as compared
with Former Periods — Proof of the Advantage of Moral Treatment.

The ancients regarded insanity as the result of some supernatural
power; a visitation from some God, at whose shrine the person affected
had refused to worship, or as a punishment for irreverance or crime;
but the psychologists of modern times have endeavored to explain its
mysterious effects on scientific principles. Some contend that the mind

*Annals M^dico-Psychologiques, 1865, p. 66.

alono is diseased; others that it is a disease of both body and mind;
while the ,c;reat majority regard it as "a disease of the brain affecting
the mind;" and while the latter theory accords with our views, and is
most readily understood, we propose to enter into no argument with
those who have advanced and still maintain a different view, nor is it a
part of the purpose of this report to enter into any metaphysical discus-
sion on the various theories that have been advanced in this or any
former period of time.

That it is a disease in some shape, all will admit. That it is extremely
curable when properl}' treated in its earliest stage, none will deny. That
it is equally intractable and unmanageable after it has fixed itself upon
its hapless victim, is a fact that those best acquainted with its subtle
nature most deplore. It seems to be an inevitable if not a natural
attendant upon the human race. It has been present among men from
the beginning, or from the earliest records to the present day.

The feigned madness of Ulysses,* immediately j)rior to the Trojan
war, is perhaps the earliest reference in antiquity to the existence of
mental disease — otherwise the madness of Saul claims priority. Ajax
was seized with madness after the arms of Achilles had been awarded
to his rival Ulysses. Orestes is also described as a madman by his sister
Electra. "

The "heaven inspired Cassandra" was regarded by the Trojans as
insane. Plato alludes to the connection of divination and insanity, the
prophetess at Delphi and the priestess at Dodona both being considered
as insane. The Sybil and others being classed in the same category,
they were said to possess the mad art.

Several other allusions are made to madness by Plato and other writ-
ers of antiquity. Euripides makes many allusions to madness, and the
power of Bacchus to produce it. Lycurgus, King of the Edones in
Thrace, refused to worship Bacchus, in consequence of which the God
visited him with madness. The three daughters of Praetus, Lysippe,
Iphinoe, and Ijihianassa, are fabled to have become insane in consequence
of neglecting the worship of Bacchus. They ran about the fields, believ-
ing themselves to be cows. Praetus is represented to have applied to
Melampus to cure his daughters of insanity, but refused to employ him
Avhen he demanded a third part of his kingdom as a reward, reminding
us of the enormous sums received by Willis for his attendance on George
III and the Queen of Portugal. This neglect of Praetus was punished,
and madness became contagious among the Argive women. The persons
affected, however, as also the daughters of Praetus, were restored on
Melampus being feed in a more liberal manner. Athamas, King of
Thebes, and Ino, his second wife, were both said to be insane. Medea,
the niece of Circe, Cambyses, Clomenes, King of Sparta, and many others
might be mentioned. Hippocrates makes many allusions in his writings
to mania, melancholia, and epilepsy. He says that men ought to know
that from nothing else but thence (the brain) come joys, despondency,
and lamentations. By the same organ we become mad and delirious;
and fears and terrors assail us, some by night and some by day.

Diodes '(B. C. 300) and Asclepiades also discuss this subject in their
writings, and the Eoman poets frequently allude to it. Persius and
Juvenal both speak of hellebore as a remedy for madness.

From the foregoing extracts we learn that the causes of insanity were

* See Bucknill & Tuke on Insanity.

supposed to be very ditterent in the olden time and at the jjresent day.
We might therefore very naturally exjDect a different mode of treatment
corresponding with the pathological opinions of the two periods. This,
to a certain extent, is true, yet it will be interesting to the non-profes-
sional reader to learn how this fearful malady was treated by the doc-
tors of that day. It is a remarkable fact, as we learn from Bucknill &
Tuke, that some of them at least Avere as earnestly opposed to the use
of mechanical restraint as were Pinel, Charlesworth, Hill, or ConoUy,
Avho immortalized their names in the seventeenth century by advocating
in theory and carrying out in practice the non-restraint system that has
done so much to ameliorate the condition of the insane in the asylums
of the i^resent day in most of the enlightened countries of the world.
Bleeding, so much in vogue at a later day, was also condemned by one
at least of these celebrated men, as wo will see by the following:

OPINIONS OF ANCIENT MEDICAL WRITERS ON THE TREATMENT OF THE INSANE. *

Music is the first recorded remedy employed, so far as we are aware,
for the relief of madness. That ancient musician of whom it has been
said that he struck tones that wore an echo of the sphere harmonies,
"took an harp and played Avith his hand; so Saul Avas refreshed and Avas
Avell, and the evil spirit departed from him." Music appears to haA'c
been strongly recommended by Asclepiades.

Asclepiades Avas certainly one of the most definite in his directions in
regard to the treatment of the insane. As Ave ha\"e already said, he pre-
scribed music. Ho especially recommended that the patient should
abstain from food, drink, and sleep, in the early part of the day; that in
the evening ho should drink Avater, that then gentle friction should be
applied, while later still, liquid food should bo given, with a repetition
of the frictions. By these means sleep Avas supposed to bo induced. He
regarded as worse than useless the application of narcotic fomentations,
referring specially to hyoscyamus, mandragora, and poppies. Such
reference to those remedies is interesting, as shoAving tteir use prior to
the time in Avhich ho flourished. He directed that the jmtient should be
placed in the light. To employ bleeding, Avas, he thought, little short
of madness. According to Cffilius Aurelianus, Asclepiades ordered his
patients to bo chained. Feuchtersleben in his Medical Psychology,
states that Asclepiades recommends "that bodily restraint should be
avoided as much as possible, and that none but the most dangerous
should be confined by bonds; " referring to Celsus and Cajlius Aurelianus
as his authorities for the opinions of Asclepiades, Avhose Avorks are lost;
but neither of these writers appears to assert so much. Themison,
another disciple of Asclepiades, and who is often regarded as the real
founder of the School of the Methodici, styled " phlebotomotos " by
Caelius, foUoAved, to a considerable extent, in the steps of his predeces-
sor as regards treatment; but prescribed the bath and more liberal
regimen, and ordered astringent fomentations (constrictira fomenta).

The treatment recommended by the celebrated Celsus, in liis chapter
entitled, De tribus insanioi generibus, may next be considered. On the
whole, the directions of this physician are harsh, and scarcely merit the
praise which some authors have bestOAved upoji them. It is true, that
he admits, in regard to those Avho ramble in their discourses or attempt

Bucknill & Tuke on Insanity.

some trifling injury with their hands, that it is unnecessary to employ
any rough, coercive measures. He deemed it proper, however, to subdue
those who were more violent by a very compulsory treatment, "lest
they should injure themselves or others." Their audacity must be
coerced, and they must bo brought to submission by blows, as in the
case of any one else who requires restraint. Excessive mirth must be
checked by scolding. If conciliatory measures fail, patients must be
cured by some kind of torment; thus, should they be detected in false-
hood or deceit, they must be hungered, or bound in chains, or flogged.
By these means, he assures us, they Avill before long, through the influ-
ence of fear, be thoroughly disposed to come to terms, to eat anything;
and even their memory, he says, will thus bo refreshed. For to startle
them suddenly, and greatly to terrify them, is profitable in this disease;
anything, in short, by which the mind is violently disturbed. To close
up all the avenues of pity this humane physician also says that you are
not to believe anyone who thus subdued, while he is desirous of being
released from his bonds, pretends that he is sane, however prudently
and piteously he may converse, since this very deceit is the result of
madness. On which enlightened principle it is difficult to understand
how Celsus himself would have escaped had he once been so unfortunate
as to be suspected of insanity. Celsus by no means, however, over-
looked all medical treatment. He approved of venesection, and of cuji-
ping applied to the head, which, he observes, will have the effect of
inducing sleep. Should any symptom render bleeding unsuitable, the next
best remedy is abstinence, followed by an emetic and a purgative of
white hellebore, and if possible the employment of friction twice in the
day. He is here speaking of those cases in which sadness apjiears to be
the result of black bile, x^o longer under the influence of api^rehension
from the violence of the patient, Celsus directs that fear should be
removed from his mind, and cheerful hopes excited; pleasure being
sought in fables and sports, and whatever else may be conducive to
health. Patients are to be judiciously encouraged in their several occu-
pations, and their groundless fears are to be lightly reproved. Cold
water is also to be poured upon the head of the patient, and his body
immersed in water and oil. In maniacal cases, warm fomentations might
be api^lied to the shaven head; when, in consequence, the febrile symp-
toms abate, we are to have recourse to friction ; but we must use it more
sparingly in those cases in w^hich the patients are exhilerated than in
those in which they are depressed. In the maniacal paroxysm itself,
however, Celsus had not much faith in medical applications; indeed, he
was afraid that by such means the fever would be increased. There-
fore in such cases, says he, do nothing with the patient but confine him.

Severe as was Celsus upon the insane who were guilty of deception,
he had no hesitation in employing similar means towards the patient,
AVe need not quarrel with the direction, that should the patient refuse
to swallow the doctor's favorite hellebore mixture he is to be deceived by
having it mixed in his food; but we may well dissent from the pro-
priety of another direction, namel}*: that should it be necessary to
inspire fear, and should the patient be a rich man, you are to announce
to him the false intelligence of a lost estate.

The good effect of a full diet in some cases of insomnia was very
properly pointed out. Other somniferous remedies prescribed by Celsus
were friction, exercise after food, and by night the sound of a waterfall,

but chiefly the rocking motion of a suspended bed. Nor were the sooth-
ing influences of music in melancholy overlooked. The mind was also
to be called forth in some cases by reading aloud, and occasionally errors
might be made in order to elicit the critical powers of the patient.
Caelius regarded it as essentially necessary to place the maniacal in a
room moderately light and warm, and to avoid everything of an excit-
ing character. Pictures were not to be allowed, nor was the window to
be too high, nor was the roOm to be in the ujjper stor}^, the reason being
added that many when seized with madness have thrown themselves
out. The bed was to be firm, and so placed that the patient could not
be disturbed by the sight of persons entering the room; it was to be of
straw, soft, and well beaten, but not broken. If the patient was in dan-
ger of injuring himself, soil wool moistened was applied to the head,
neck, and chest; thus instead of having a padded room Caelius padded
his patient. The duty of attendants, in regard to deception, is clearly
laid down. They were to beware on the one hand of seeming to con-
firm the patient's delusions, and thus increase his disorder, and on the
other they were to be careful not to exasperate him by too much oppo-
sition, but at one time by indulgent condescension, at another by insinu-
ation, endeavor to correct his delusion. Should the i:»atient attempt to
escape and be with difficulty restrained or exasperated with seclusion,
then, says Cselius, with admirable perception, you must employ more
attendants. Let these, he adds, without the patient perceiving the real
object in view, engage themselves in applying friction to his limbs.
Further: should this treatment fail, and the violence be great, a ligature
may be resorted to, being quietly a^jj^lied, and the limbs protected by
wool. Should the patient have been accustomed to submission and rev-
erence, this, he observes, will not require frequent repetition — for such
repetition would induce contempt, and when patients do not yield to
such a course of treatment, then it becomes necessary to subdue them
by inducing fear or awe. Should the patient's eyes be affected by the
light, they must, according to our author, be shaded; but, he adds, with
great discrimination, in such a way that other parts of the body may
not be deprived of light. Ctelius directed that abstinence from food
might be carried so far as to induce slight hunger, adding that the
strength may be reduced by bleeding, if the malady require it, even
during such abstinence should there be nothing present to contra indi-
cate it. The food was to be light and digestible, as bread softened in
warm water, or a preparation of wheat lightly boiled with honey, etc.
Alternate days of fasting and feeding were likewise recommended.
Benefit also might be derived from clysters, and the application of an
emollient cataplasm to the region of the heart.

Should the disorder become stationary, Ca?lius advises the head to be
shaved, and cupping to be applied, first over the chest, then between the
shoulders ('-for these parts sympathize with the head"), and next to
the head. A restless and sleepless condition was to be relieved by
carrjang the patient about on a litter or in a chair. To this was to be
added the monotonous sound of running water. Fomentations, by
means of warm sponges, were to be applied over the eyelids, with the
idea of relaxing them, and in the hoj^e of exerting a curative influence
over the meninges of the brain. As reason returned, moderate exercise
was strongly recommended — riding, walking, and exertion of the voice.
The patient was to read compositions containing inaccuracies, in order
the better to exercise the understanding; but Cselius adds a caution that
this must not be too difficult, lest the patient be overdone with laborious

mental exercise, which were as dctriinentul to the mind as immod-
erate exertion to the body. Theatrical entertainments were to follow
for those laboring under melancholy, and scenes of a solemn or tragic
character Avere to counteract excessive hilarity and excitement.

Subjects of disputation might be added as the patient recovered, con-
ducted in a low tone of voice, the preference being given to narrative
and demonstrative subjects. Further, individuals known to the patients
were to be employed to converse Avith them, in a manner calculated to
encourage and amuse them. These various mental exercises were to be
followed by rubbing with oil, and a gentle walk. Here, our author
suddenly remembers that much of the ])receding treatment could not be
carried out with the illiterate; for such, he prescribes questions having
reference to their particular callings; as, on farming, for the agricul-
turist; navigation, for the sailor; and for those ignorant even of these,
questions of a general nature must be propounded. Shampooing, as
well as inunction, was an important remedy with Cffilius, including
frictions of the head. The diet was to be improved as the patient's
health returned, Avine being forbidden in the tirst instance, gradually
allowed after the use of fruit, but then only of light quality.

As the mind recovered its tone, the patient Avas allowed to go and
hear the disputations of the philosophers, from |he persuasion that the
passions of grief, fear, and anger Avere thus dissipated. If, on the con-
trary, the patient relaiDsed, the former treatment Avas to be resumed,
adding exposure of the body to the heat of the sun, the head being
eoA'ered. The administration of an emetic made from the root of white
hellebore, was to be added, to Avhich, if the patient objected, vomiting
was to be promoted by tickling the fauces. The ears Avere to be injected
with Avater containing a little nitre, honey, nettle seed, or mustard; the
rationale given being, that even through the channels of the senses,
a restoratiA^e \nrtue may be conA^eyed to the membranes of the brain,
especially as patients are often aifeeted Avith tinnitus aurium. Finall}',
the cure of the patient Avas to be established by travelling and sea
voyages.

After thus stating the mode of treatment which recommended itself
to his judgment, Caslius proceeds to condemn the practice of some Avho
had preceded him. Some of the Methodici, he observes, have recom-
mended close confinement in a dark room, forgetting that the patient's
dislike to it may aggravate his disorder, and that too much seclusion
from the air causes dense bodies to perspire, and that the omission of
ordinary occupations will aggravate cerebral congestion. He then
denounces the extreme abstinence which Avas recommended, in forgetful-
ness of the fact that such a course disorders the bodily powers and is
one which the patient will be unable to bear. The supporters of such
regimen referred to the taming of Avild beasts as analogous and as a
proof that madness may be thus repressed; but Cfelius, anticipating the
"practice of the present day, states that thej' should haA^e knoAvn better
from a consideration of the effect of hunger upon the sane in inducing
rage. He does not hesitate to assert that the starving system AA'ill
induce madness rather than cure it. He then refers to a subject of
especial interest to us in our time, and his observations are calculated to
humiliate us, exhibiting, as they do, a far seeing i^hilanthrophy which
those who have treated the insane have, until very latel}^, failed to imi-
tate. Cffilius observes that they also order the patients to be bound
Avith chains, AA'ithout any consideration that the bound parts must neces-
sarily be chafed, and hoAV much more properly the patients might be

restrained by the care of attendants than by senseless chains. He is
alike indignant against those who would coerce by flagellation, especially
about the face and head, which, so far from relieving the disease, only
induces swellings and sores; in addition to which, the returning con-
sciousness of the patient could not but be hurt by the sense of his
wounds.

In regard to the relative advantages of cold and warm applications,
Cselius sj^eaks of those who endeavor to induce sleep by warm fomen-
tations of poppy, thyme, roses, etc., and observes, in accordance with
the view attributed by Caelius to Asclepiades, that the result is heavi-
ness of the head, but not sleep — constriction being; induced, when relaxa-
tion is required. He then refers to an opposite school who made use of
cold applications, believing the disorder to be caused by heat; ignorant,
he observes, that internal heat is an undoubted sign of congestion, and
not, as they think, the cause of the disease. He condemns the hydro-
pathic treatment as being calculated to increase congestion, and there-
fore to aggravate the patient's disorder. In regard to the important
question of venesection in mania, Cajlius comments upon the practice of
those who employed excessive bleeding from both arms to the extent of
syncope and even death, and observes that the abstraction of blood from
both arms is not to be practiced in consequence of the fearful jDrostra-
tion of strength which "^nay folloAv. Clysters he regarded as worse than
useless, often inducing dysentery in consequence of the active ingre-
dients which they contained. Among the many strange and opposite
modes of treatment to which the insane have been subjected, intoxica-
tion was not overlooked. Some, our author observes, recommend intoxi-
cation, since madness is often caused by it; but without suflScient dis-
crimination, since injudiciously used it may prove injurious. The plea-
sures of love, which were prescribed by Titus and Themison, were
strongly condemned by Cselius, who regards as imj)ious and absurd the
attempt to indulge propensities which required restraint.

In the chapter which treats of melancholy, Calius observes that the
treatment is the same as has been already prescribed for the maniacal.
He would not bleed, nor depress the jDatient by purgifig him with helle-
bore and aloes, but at once soothe and invigorate him by emollient and
astringent apj^lications. The celebrated Galen, of Pergamos, flourished
at a period but little subsequent to Cffilius Aurelianus. He is said to
have died at the age of ninety, A. D. one hundred and ninety-three.
His treatment was based upon the humoral pathology, which was in
such high repute among the ancients, and which exercised an almost
universal influence on their practice. He lays it down that, if moisture
produces fatuity and dryness sagacity, just in proportion to the excess
of moisture over dryness the sagacity will be diminished. Hence, he
advises the practitioner to aim above all things at preserving a just me-
dium between these opposite qualities. He recommends that " should
you be of opinion that the whole of the patient's body may contain mel-
ancholy blood " you are to employ venesection, especially from the median
cephalic vein. He adds, that should the blood flowing from it not apjjear
to be of a melancholy quality, the vein must immediately be closed; and
that should the contrary be the case, you are to abstract as much blood
as the state of the patient and his habit of body shall permit. If, how-
ever, madness arise from idiopathic disease of the brain, bleeding is by
all means to be avoided. In forming an opinion on this subject, regard
was to be had to the patient's constitution and temi^erament. The fat,
the fair, and the flabby were not to bo supposed to possess any melan-

choly humor; but the lean, dark, and hairy, and those in -whom the veins
are large, are the most subject to its accumulation. Ho gives a long
enumeration of the kinds of food whicii induce melancholy, as the flesh
of oxen, goats, but especially asses and camels, and also wolves, dogs,
hares, and snails. Among herbs, the cabbage only is mentioned. Thick
and black wine Avas to be particularly avoided, " as from it the melan-
choly humor is made." This melancholy humor is spoken of by Galen
as a condition of blood "thickened, and more like black bile which, in-
deed, exhaling to the brain, causes melancholy symptoms to atfect the
mind." We frequently also notice, he observes, that when yellow bile
is contained in the stomach, the head is painfully affected; but it imme-
diately recovers when the stomach is relieved from bile by vomiting. In
mild cases of insanit}' Galen prescribed the bath and nourishing food.

IN THE MIDDLE AGES.

We have thus taken a hurried glance at the opinions of the ancients
with regard to the pathology of this mysterious disease, and of the
treatment employed by them for its cure or amelioration, and it is
strange, indeed, that we hear but little more of it until about the period
of the reformation; It is true that an asylum is said to have existed at
Jerusalem about the fifth century, but little seems to be known of its
character, history, or the modes of treatment employed. Again, at a
period assigned by tradition, about eleven centuries ago, the tragic death
of the Irish girl, the Princess Dymphna, who was slain by the hand of
her own father, led to the establishment of a church and altar at Gheel,
in Belgium, where those afflicted with " minds diseased " M^ere carried to
intercede with the spirit of the patron saint for relief; and a number of
these unfortunate victims, more or less numerous, are supposed to have
been kept there ever since; till now it has grown into one of the most
remarkable institutions for the insane that anywhere exists.

The next asylum established, so far as we are able to ascertain, was
that of "Eeinier Van Arkel," at Bois le Due, in Holland. It bears the
name of its philanthropic founder, who established it in fourteen hun-
dred and forty-two, for the care and custody of six unfortunate persons
who had been deprived of their reason. From this small beginning, it
has continued to increase, till it now has capacity for six hundred
patients; but on the first of December, eighteen hundred and seventy,
three hundred of its inmates were removed to a new asylum, just
finished, a short distance from the city. At the time of our visit —
seventh of July, eighteen hundred and seventy-one — there were one hun-
dred and seventy men and one hundred and fifty-six Avomen Avithin its
walls. The old asjdum is immediately on one of the business streets of
the city, and has been so often added to and enlarged that it can be said
to possess no particular plan. It still retains many evidences of the age
in which it was built, and shows more clearly than anything Ave haA^e
elsewhere seen, the Avonderful and beneficent improvements that haA'^e
been made in the character of the buildings for the treatment of the
insane. Small dark cells, Avith high small AvindoAvs, and cribs in Avhieh
to cage the excited patients, may still be seen, and Ave regret to say have
not yet been entirely abolished in this and one or two other asylums
visited on the continent. The douche, solitary confinement, and confine-
ment to the chair, are also used in some cases, not as a joart of the treat-
ment, but for punishment — showing how difiicult it is even yet, in some
countries, to shake off" old habits and adopt new ideas in the treatment

of the iusaiie. The inquiring mind of the young and intelligent physi-
cian, Dr. Frijbank, Avill doubtless soon lead him to discard all of these
old apiDlianccs, and to adopt the more humane and enlightened practice
of the age in which he lives. Indeed, it is but just to say that he has
already done so in most resj^ects.

As another link in the history and treatment of this malad}', the fob
lowing extracts will show the condition of the insane in asylums in the
eighteenth and nineteenth centuries:

IN ENGLAND.

" The reader of Cajlius Aurelianus cannot but feel astonished when he
finds that nearly eighteen hundred years after that humane physician
flourished it could be said in the House of Commons, by the Earl of
Shaftesbury (then Lord Ashley), that the whole history of the world,
until the era of the Reformation, does not afford an instance of a single
receptacle assigned to the protection and care of these unhapp}^ suffer-
ers, whose malady was looked upon as hardly within the reach or hope
of medical aid. If dangerous, they were incarcerated in the common
prisons; if of a certain rank in society, they were shut up in their
houses, under the care of appropriate guardians. Chains, whips, dark-
ness, and solitude were the approved and only remedies.

" It is, indeed, to be feared that the directions of Celsus have exercised
a most prejudicial influence, even till within a very recent period; and it
is not difficult to recognize them in the writings of the classical Cullen,
who did not omit to recommend the emplojnnent of ' stripes ' in the
treatment of the maniacal.

"The kind of treatment pursued by the highest medical men fonr hun-
dred years ago is pretty clearly indicated by what has been handed
down to us relative to the psychological history of King Henry VI, in
whom mental disease was hereditary. Thus we are informed that five
physicians and surgeons were appointed to attend the royal patient, and
were empowered to administer ' electuaries, potions, and syrups, confec-
tions and laxative medicines, in any form that mighir be thought best;
baths, fomentations, embrocations, unctions, plasters, shavings of the
head, and scarifications.'

" It is not a little singular that Bethlem Hospital, which has become on
various occasions so notorious for its ill treatment of the insane, should in
the first instance have provided for their care with benevolent intentions,
and under some favorable auspices. It Avas in the year fifteen hundred
and forty-seven that Henry VIII took possession of the monastery or
hospital of St. Mary of Bethlem, and presented it to the City of London,
with an order that it should be converted into a house for the reception
of lunatics. It was situated in Bishopsgate Ward, without the city wall,
between Bishopsgate street and Moorfields. Stow describes it in his
time as standing in an obscure and close place in the neighborhood of
many common sewers, and as also too small to receive and entertain the
great number of distracted persons, both men and women, who stood in
need of it."

In consequence of the want of further provision for lunatics in London,
a large building was erected in sixteen hundred and seventy-five in
Moorfields, where the hospital stood until eighteen hundred and fourteen.
There Avas, in a short time, accommodation for one hundred and fifty
patients; whereas, in the old building, there were usually but fifty or
sixty. In the rules made March thirtieth, sixteen hn^flred a.n4 eieyept;^'^-

Bcvon, to Avhich it is iutoresting to relcr, it is ordered ititer alia, that such
of the lunatics as arc tit shouhl bo permitted to walk in the yard until
diDuer time, and then be locked up in their cells; and that no lunatic
that lies naked, or is in a course of physic, should be seen by anybody
without an order of the physician. It is further humanely ordered that
no officer or servant shall beat or abuse any lunatic, or employ any force
to them, but upon absolute necessity for the better governing of them.
Dr. Tyson, who was physician to JBethlem from sixteen hundred and
eighty-four to seventeen hundred and three, informs us that^ as to the
care and cure of the patients, here is undoubtedly the greatest provision
made for them of any public charity in the world; each having a con-
venient room and apartment to themselves, where they are locked up
at night, and in it a place for a bed, or if they are so senseless as not to
be tit to make use of one, they are ever}- day provided with fresh, clean
straw. Those that are fit for it, at convenient hours have liberty to walk
in the long galleries, which are large and noble. For the Summer time,
to air themselves, there are two large grass plats — one for the men, the
other for the women; in the Winter, a stove for each apart, where a
good fire is kept to warm them. In the hot weather, a very convenient
bath place to cool and wash them; which is of great service in airing
their lunacy, and is easily made a hot bath for restoring their limbs
when numb, or cleaning and preserving them from scurvy, etc. Their
diet is extraordinary good and proper for them, which every week is
viewed by a committee of the Governors. * * ' * There is nothing
of violence suffered to be offered to any patient, but they are treated
with all the care and tenderness imaginable. If raving or furious, they
are confined from doing themselves or others mischief; and it is to the
credit of the hospital that in so great a number of lunatics that are con-
stantly kept there, it is very rare, in many years, any one patient makes
away with himself. * * * The time of cure is uncertain ; some have
been cured in a month, others in two or three, and some continue dis-
tracted many 3'ears." This was written early in the eighteenth century.*

In seventeen hundred and thirty-four, considerable additions were
made to Bethlem, and, in consequence of its still proving inadequate to
meet the demand. Saint Luke's Hospital was established in seventeen
hundred and fifty-one, by voluntary subscription. It was situate on the
north side of Upper Moorfields, in a locality called AVindmill Hill.

From this period to the latter part of the eighteenth century but
little progress was made in the treatment of the insane, and in the con-
dition of the houses where they Avere received; indeed, as respects
Bethlem it is probable that its state had retrogaded rather than advanced.
In the middle of the century (seventeen hundred and fifty-five) a work
was published the title of which apjDears significant, this was " Folly
Predominant; with a Dissertation on the Impossibility of Curing Luna-
tics in Bedlam." From time to time during this period a work made its
appearance on the subject of insanity. Thus, in seventeen hundred,
Herwig published his "Art of Curing Symijathetically or Magnetically;
with a Discourse on the Cure of Madness;" and, five j^ears later Fal-
lowes enlightened the world with his "Method of Curing Lunatics."

*In the General Regulation of Bethlem Hospital for 1792 we find the following orders:

" No lunatic shall be put in chains without the instructions or approval of the apothecary.

" The feet of the lunatics who are chained shall be carefully examined, well rubbed and

covered with flannels every morning and evening through the AVinter; and if any morbid

symptoms require the pre;enoe of the surgeon, he shall at once be informecl,"--^>Sections 9

and 10,

9t;

Blakcway wrote in seventeen liundred and seventeen ( "Essay toward
the Cure of Eeligious Melancholy,") and Frings in seventeen hundred
and forty-six (Treatise on Phrensy.) Batty wrote his treatise on mad-
ness in seventeen hundred and fifty-seven. But none of these works
deserved or gained much reputation. Perfect, whose first work on the
subject was Ma'itten in seventeen hundred and seventy-eight, made some
valuable contributions to the knowledge then possessed regarding insan-
ity. His treatment appears to have consisted chiefly in venesection,
emetics, setons, digitalis, antimony, and electricity. Dr. T. Arnold pub-
lished the first edition of his excellent " Observations on the nature,
kinds, etc., of Insanity," in seventeen hundred and eighty-two. This
Avork, however, contains little or nothing in regard to treatment. A
few years afterwards (seventeen hundred and eighty-nine), "A Treatise
on the real cause and cure of Insanity," was published by Harper,
which, although it possesses no merit, has, however, the honor of hav-
ing been criticised by Pinel. In seventeen hiindred and ninety appeared
'' Observations on the general and improjier treatment of Insanity," by
Faulkner; and the ''Observations on Maniacal Disorders," by Pargeter,
in seventeen hundred and ninety-two. But none of these writings
appear to have exercised any material efliect in ameliorating the condi-
tion of the insane in England. This, unfortunately, is but too correctly
described in the following graphic sketch from the pen of Dr. W. A. F.
Browne ("What Asylums were, are, and ought to be:") "Let us pass
a few minutes," he says, "in an asylum as formerly regulated, and from
the impression made by so brief a visit let us judge of the eftects which
years or a lifetime spent amid such gloomy scenes were calculated to
produce. The building is gloomy, placed in some low confined situation,
without windows to the front, every chink barred and grated — a perfect
gaol. As you enter a creak of bolts and the clank of chains are scarcely
distinguishable amid the wild chorus of shrieks and sobs Avhich issue
from every apartment. The passages are narrow, dark, damp, exhale a
noxious effluvia, and are provided with a door at every two or three
yards. Your conductor has the head and visage of a Carib; carries (fit
accompaniment) a whip and a bunch of keys, and speaks in harsh mono-
syllables. The first common room you examine — measuring twelve feet
long by seven wide, with a window which does not open — is jierhaps for
females. Ten of them, with no other covering than a rag round the
Avaist, are chained to the Avail, loathsome and hideous; but, Avhen
addressed, evidently retaining some of the intelligence and much of the
feeling Avhich in other days ennobled their nature. In shame or sorroAV,
one of them perhajis utters a cry; a bloAV, Avhich brings the blood from
the temple, the tear from the eye — an additional chain, a gag, and inde-
cent or contemptuous expression — produce silence. And if you ask Avherc
these creatures sleep, you are led to a kennel eight feet square, Avith an
unglazed airhole eight inches in diameter. In this, you are told, fi\^e
Avomen sleep. The floor is coA^ered, the Avails bedaubed Avith filth and
excrement; no bedding but Avet decayed straAV is allowed, and the stench
is so insupportable that you turn away and hasten from the scene."

" From the CA'idence given before the memorable committee of the
House of Commons, in eighteen hundred and fifteen, notAvithstanding
the equivocation and CA^asiou Avhich marked man}' of the replies, it is not
difficult to form an estimate of the condition of the English asjdums
generally, more especially the York Asylum and Bethlem Hospital.
Nor Avas the condition in which they Avere found at that period alone
revealed; their past condition Avas at the same time rendered manifest.

"A miscrablo and empirical routine marked the treatment. To the
question: ' JIus tliore not been a rule in tlie hospital for a ceifuin number
of years that, in certain months of the year, particular classes of tho
patients should be physicked, bled, bathed, and vomited at given peri-
ods? ' the reply from Bethlem was in the affirmative. Twice in the year
the patients, witli few exceptions, were bled. 'After the}- have been
bled,' said the jjliysician, in evidence, ' they take vomits once a week, for
a certain number of weeks; after that, we purge the patients. That has
been the practice, invariably, for years — long before my time.'

"In regard to the means of coercion employed, it was stated that tho
patients ' are generally chained to the wall with manacles.' "When in-
quiry was made regarding the use of strait waistcoats, it was replied, ' I
do not believe there are any strait waistcoats in Bethlem now, or very
few indeed; they generally use irons.' The objection to strait waistcoats
was that the patients ' could not help themselves in strait waistcoats;
they are so exceedingly long in the hospital without being seen by any-
body, in a dark place; in Winter, from four o'clock to six or seven in the
morning. If they were in a strait waistcoat they could not assist them-
selves the least in the world.' When, in the following year, the head
keeper of Bethlem Hospital was asked : ' Was it not the practice in old
Bethlem — not in the late gallery, but in the gallery pulled down — for
eight, ten, or more patients to be fastened to the tables, almost in a state
of perfect nakedness? ' he replied: 'Yes; they used to think they tore
their clothes all to pieces; some of them would do that.' 'In point ot*
I'aet, were they not fastened to the tables, sitting in a state of jierfect
nudity? ' Ansicer — 'Thej^ used to be so at the table; they were chained
all around.' "

With these records of the barbarity and cruelty practiced in the asy-
lums of England, and so forcibly described in the able work of Bucknill &
Tuke, from which they have been quoted, we need not be surprised at their
having been made the basis of a sensational novel by Charles Eead, even
after they had ceased to exist, nor that the prejudices against these in-
stitutions should still hold a place in the minds of the people everywhere.

THEIR CONDITION IN FRANCE.

Esquirol says of the insane in France: "I have seen them naked or
covered with rags; with nothing but a layer of straw to protect them
from the cold dampness of tho ground upon which they lay. They were
kept upon food of the coarsest kind; they were dejirived of fresh air to.
breathe, and of water to quench their thirst, and even of the most neces-
sary things of life. I have seen them given up to the brutal supervision
of jailors. I have seen them in their narrow cells, filth}'- and unwhole-
some, without air or light, chained in such dens as one might fear to
confine ferocious beasts." "Similar to these wei^e the abodes of tlxe
insane throughout Europe."

IN ROME AND LIMERICK.

" In Eome iron rings, armed with chains, and fixed in the wall, Bevve
to confine the furious and turbulent maniacs, who are fastened by tbeir
necks and feet." "In one room were two rings fixed to the wall; one
ring was to embrace the neck, the other the ankle, and tho poor maniac
was doomed to stand or suspend himself by the neck," " The accommo-

dations in the asylum at Limerick appear to be such as we should not
appropriate I'or our dog lienncls." "One victim was confined in one of
the oblong troughs, chained down. He had evidently not been in open
air for a considerable time, for when I made them bring him out he
could not endure the light. Upon asking him how often he had been
allowed to get out of the trough, he said: 'Perhaps once a week, and
sometimes not for a fortnight.' He was not in the least violent; he was
perfectly calm."*

IN THE GERMANIC CONFEDERATION.

In eighteen hundred and forty-five the Journal Psychiatrie and
Psychological Medicine was estabhshed, with Doctor Damerow, of the
institution in Halle, as its principal editor, and Doctors Flemmiug and
Eoller — the latter of the lUenaw Asylum — as associates. Although
printed at Halle, as a matter of convenience to Doctor Damerow, it is
published at Berlin. If an opinion may be formed from the vigor with
which it has been conducted, as well as the long list of collaborators —
men distinguished as physicians of the insane or for their knowledge of
psychical medicine and the jurisprudence of insanity, not in Germany
alone, but in Denmark, Holland, and Switzerland — it will not lack for
material, and is established upon a permanent basis. Its editor in chief
is one of the most prominent advocates of the doctrines of the Psycho-
somatic school, but both his associates are Somatics. Among its col-
laborators are found all the gradations of theory from the somatic to
the psychic.

Since the death of Heinroth, Dr. Ideler, of Berlin, is the acknowledged
leader of the psychic school. But as time has progressed the conflict of
opinion has measureably subsided. The attention of physicians has
been diverted from the comparatively barren field of hypothetical con-
troversy to the more useful domain of practical science, the improve-
ment of hospitals, and the treatment of their inmates.

From the foregoing historical sketch, chiefly of the literature of
insanity, it may be justly inferred that little, if anything, was done
during the last century for the improvement. of the Receptacles for the
insane in Germany. The initiative, however, was taken even in the few
writings which were published, as these were the preliminary steps
which led to more important practical action. The asylum at Vienna,
but of late years not very favorably known as the Narrcnthurm, was
completed and ojiened in seventeen liundred and eighty-four, and was
at that period the best establishment of the kind, as it was the only one
exclusively devoted to the insane, throughout the German nations. As
the eighteenth century was dej^arting, Heinroth, having finished his
studies at Paris, carried the princijiles of his illustrious preceptor within
the German borders, and thus added a new and important element to the
cause of improvement. An idea of the condition of the German asylums
at the commencement of the present century may be derived from the
language of one of their native authors, Eeil, who, in his " Ehapsodies
upon the ai^plication of the Psychical Curative Treatment in Mental
Disorders," published in eighteen hundred and three, Avrote as follows:
" They are mad-houses, not merely by reason of their inmates, but more
especially because they ai-e the very opposite of what they were intended
to be. They are neither curative institutions nor such asylums for the

* Browne's Lectures, Edinburgh, 1837.

incurable as humanity can tolerate; they are for the most veritable dens,
lias man so little respect for the jewel which makes him man, or so
little love for his neighbor Avho has lost that treasure, that he cannot
extend to him the hand of assistance and aid him in rci^aininj^ it? Some
of tiiese receptacle are attached to hospitals, others to prisons and houses
of correction; but all are deticient in ventilation, in the facilities for
recreation; in short, they are wantin<r in all the j^hysical and moral
means necessary to the cure of their patients."*

OBSERVATIONS L'PON FOREGOINQ SUBJECTS.

The foregoing extracts from various avcII known authorities have been
made not only to sho\v the condition of the insane, the character of the
establishments in which they were kept, and the methods of treatment
adopted and pursued in such cases by the most learned and eminent
men in the several countries under consideration, but also to direct
attention to the fact that though sundry efforts had been made by men
of learning and ability to estuljlish journals of mental science in Ger-
many during the latter part of the eighteenth and early part of the
nineteenth centuries, they all signall}^ failed, not from lack of ability on the
part of those who edited and conducted them, but for want of support by
the public. The tirst of these magazines was commenced in seventeen hun-
di'ed and eighty -three, but lived only a short time. The next periodical
devoted exclusively lo the subject of insanity was established by Doctor
Reil, and published at llalle, in Prussian Saxony, in the year eighteen
hundred and five, the philosopher Kayssler having contributed largely
to its pages. It, too, soon shared the fate of its predecessor, and died
for the want of appreciation and support, too little interest as yet being
felt in a class of persons supposed to be possessed by devils. In
eighteen hundred and eighteen Nasse made another effort, and com-
menced his Journal of Psj'chological Medicine, and being conducted with
great ability and unusual zeal, awakened a more lively interest in the
subject and its unfortunate victims. But the time for success had not
yet arrived, and after a desperate struggle for eight years it, too, went
down to join the list of the departed. Still another journal was started
in eighteen hundred and twenty-nine; and yet another, by Doctors
Jacobie and Flemming, in eighteen hundred and thirty-eight, but all
with similar results. Many valuable essays and books have in the mean
time been given to the world by various German writers; but it was not
till eighteen hundred and forty-tive, as already stated, that a journal
was established, with Damerow of Halle as its head, and Flemming and
liollei' — the latter still at Illenaw — as assistants, that a psychological
journal has been able to stem the current and stand the test of time.

vSinco that time many able writers have appeared upon the field of
psychological inedicine and made valuable contributions to science.
Among these, none stood higher either at home or abroad than the
lamented Griesinger, who has left behind him in his works a monument
more grand, beautiful and enduring than any that could be erected of
marble or bronze.

It is also worthy of notice that there was but one public asylum in all

^Institutions for the Insane in Germany, by Pliny Earle, M. D.

100

Germany in seventeen hundred and eighty-four* — the " ISTorrenthurm "
at Vienna — while at the present time, as will be seen in the list of asy-
lums in the German Con federation, j there are ninety-tM'o j)ublic and
forty-nine private iiistitutions devoted to the care and maintenance of
this hitherto neglected class of human beings. And although most of
these do not come up to our ideas of first class asylums, as viewed from
an American or Euglish standpoint; nevertheless, some of them are well
built, conveniently arranged and abl}^ conducted, and would be a credit
to any country. Indeed, it may be said that very nearly all of those
established within the last twenty years are of this class.

CRUEL TREATMENT THE RESULT OF IGNORANCE.

It would appear strange indeed, and, if we did not know to the con-
trary, absolutely incredible, that such cruelties, such barbarous practices
as have been noticed in the foregoing pages could have been tolerated for
so long a time among the refined, intelligent, and highlj' civilized people
of Eiirope without a single elfort — previous to the French revolution —
on the part of humanity to relieve the distresses of this class of their
fellow creatures. Ignorance, in law, is no excuse, and yet ignorance is
the only excuse that mankind can offer for the neglect of these wretched
creatures. They were regarded during these long centuries as being
possessed of devils, as enemies of society, and as doomed forever, so
soon as they were known to be madmen. Even yet this idea has not
been eradicated from the minds of some people, while many still believe
the disease to be incurable from the beginning, and its accession a dis-
grace to the unfortunate victim and his family. It is high time for the
people to lay aside these false notions, and accept the fact that insanity
is simply the eftect of a diseased brain, and that all persons are liable to
its invasion.

NEW YORK POORHOUSES.

But let us look into this matter at home, and see if We cannot find that
these abuses and cruel practices, unfortunately, have not been confined
to English and continental institutions. The following extracts will
show their condition in the poorhouses of New York at a comparativelj'
recent jDeriod. In eighteen hundred and fifty-seven a committee, consist-
ing of Mark Spencer, George Bradford, and 31. Lindley Lee, reported the
results of inquiries and examinations made the Summer before. The fol-
lowing sentence is from that report:

" The poorhouses throughout the State may be generally described as
badly constructed, ill arranged, ill warmed, and ill ventilated. The rooms
are crowded with inmates, and the air, particularly in the sleeping apart-
ments, is very noxious, and to casual visitors, almost insufterable."

In eighteen hundred and sixty-five a Committee of which Dr. Sylvester
D. Willard was Chairman made a report, from which we extract the fol-
io win a;:

*NoTE. — The Alexianer Convent at Aix-la-Cliappelle has been a receptacle for the insane
for tive hundred j^ears; and the " Bloekdick" (private asylum), near Bremen, was estab-
lished in 1750, and rebuilt in 1839.

tSee Appendix B.

101

" It is not without a confession of pain and humiliation that the Com-
missioners announce the deiJloraMe condition of the iuRane poor; the
'notorious and sickening abuses ' which tlioy found in numy of tlu' puldic
establishments known as County Poorliouses. With un([uestionable truth
they affirm that ' the .State has shifted oft" from itself uj)on the counties a
duty which it ought ever to have recognized as imperative and sacred.'
Nearly every county house was visited. As the record of particular
instances is more convincing and more affecting than general statements
and summary conclusions, a few facts are condensed from the report, the
selection being maile from counties in the Hudson River hospital district.
Let us look first at Albany. Here, under the shadow of the State Capi-
tol, were seventy-six insane persons shut up in thirty-one rooms, each of
which was intended and is only large enough for one. A number of
these rooms had three occupants in each; the ventilation in some of
them was very imperfect. Notwithstanding the deficient accommoda-
tions, rendering all classification impossible, recent cases are frequentl}*
received and held for treatment, Avith what probability of improvement
under such contlitions can easily be seen. The insane jDOor of Duchess
County are bestowed in eighteen cells constructed in prison style, with
heavily grated doors and barred windows; board partitions separate
these cells, and wooden bunks serve for bedsteads; for want of proper
appliances the cells cannot be made comfortable in cold weather; two of
the men w^ere loaded with chains. For her insane Hichniond County has
provided four dark cells. One poor creature has spent fourteen years in
a small outhouse — a cripple, bent nearly double — and without a rag of
clothing! The poorhouse in Saratoga Count}' is nearly fifty years old;
the floors and walls of this venerable structui^e are much broken, and
the roof leaks. Though not far from the Ballston Springs, the water is
scarce there. The cells of the insane measure seven and a quarter by
six and a quarter feet, and each contains a wooden bunk, and nothing
else; these cells get all their light and air through gratings in the doors;
in these dungeons individuals have been confined for ten and even for
eighteen successive years, never going outside, except during the short
annual visits of the Board of Supervisors. In one case there had been
an illegitimate birth, under circumstances most distressing and revolting.
Warren Count}' is thus described: 'Insane filthy in their persons, and
stench from the place intolerable. Four cells in the building, all unlit
for use. Eats the only scavengers. No medical attendance. Building
entirely unsuited to the purpose.' "

Very little is said in praise of Franklin, Essex, Washington, Greene,
Putnam, Sullivan, Westchester, and Queens Counties. At the time of
the in.spection the number of insane persons who were shut up in cells
or secured by chains was two hundred and thirteen. In view of the
Avhole picture the Commissioners might well exclaim: " W^ill the people
of New York, when they comprehend the inhuman treatment which the
insane poor sometimes receive, leave a system in unchecked operation
which admits of such enormities?"

We are rejoiced to say that the people of New York have compre-
hended this subject, and have nobly responded to this question in a
manner not to be mistaken, and with a generosity worthy of that great
State. Her legislators, advised and encouraged by her wise executive
officers, have made aiipropriations, provided lauds, selected sites, and
ordex'ed the erection of asylums for the proper care and treatment of
every insane person ivithin her borders.

.102

AMELIORATION IN THE TREATMENT OP THE INSANE AS COMPARED WITH

FORMER PERIODS.

Let US call attention for a moment to some of the causes that led to
an amelioration of the condition of the insane, both in England and on
the continent, and to some of the men who wore conspicuous in directing
public opinion in so important a matter, and instrumental in carrj-ing out
the humane doctrines they proclaimed. A brief review of the life and
writings of Dr. Conolly appeared in the American Journal of Insanity
for April, eighteen hundred and seventy; a few extracts from which will
subserve the purposes we have in view:

Former Coercive Treatment.

Few of us in America know, excejit from history or from travel on
the continent, the extent to which mechanical restraints were used in
Great Britain previous to eighteen hundred and fort}', and are noAV in
the other European countries.

Dr. Conolly found on taking charge of the Asylum at Han wells — ■
eighteen hundred and thirty-nine — each ward provided with a closet full
of restraining apparatus, and every attendant used them at will. Many
patients were ahvays in restraint. Six new restraining chairs had been
recently added to the stock, making forty-nine in all (pp. 53, 54). The
instruments of mechanical restraint were so abundant as to amount,
when collected together, to about six hundred; half of them handcuffs
and leg locks (pp. 18, 20).

This may be assumed as a specimen of the provision in the asylums of
Great Britain and Eui'ope at that time, and these means nearly repre-
sented the ideas of the people at large, the govei'nors or magistrates
who had the outer superintendence of these establishments, and the
physicians who had them under their immediate charge.

Pinel.

Although Pinel had wrought what was deemed almost miracles in set-
ting the manacled maniacs free without evil consequences to those who
were in contact with them, yet ^ew had dared to follow him, and the
lunatic remained in great measure as he was before. The world still
clung t© the faith of ohJen time — that the insane were the devil's pos-
Bessions, and those thus possessed sliould be, if not punished, at least
restrained, to prevent injury to the fearful community.

Treatment in Middle Ages.

Nevertheless, there had been a wonderful improvement upon the cruel
customs of the barbarous ages. In those dark periods the religious
houses were in some sort used as hospitals, and some of them took care
of the insane. At one of these establishments of the Franciscans, who
believed in and practiced on themselves the severest mortifications and
self-chastening, the same rule Avas applied to their patients, and they
gave each lunatic ten lashes a day. In another each patient was bled
every June. Stripes, however, were but one form of cruelty, and the
slightest of the kind. In the old asylums all the most terrible engines
of torture, to carry out the theory of ])unishment, were resorted to.
The inventions to give pain were*^ marvelous. There were chairs of

103

restraint in which the patient could not move limb or body, and whirling
chairs, in wliioh the unfortunate lunatic was M'hirlcd at the rate of one
huiulrod icyrations a minute (p. 47).

These and other practices equally cruel were continuc<l in Germany
as late as seventeen hundred and ninety. In some asylums the patients
were kept in a state of partial famine, chained, covered with dirt and
filth, but half clothed, and their insufficient clothing seUlom changed;
cages of iron were in use, in which some of the lunatics wore koj)! for
years. These miseries were inflicted, not from carelessness, but from
what was believed to be real humanity (p. 48).

In an earlier age, some iron cages were made sufficiently large to
hold one or more patients. These were movable and suspended b}' chains
over water, in tanks or pools, with the patients standing in them; they
were let down into the water, until it reached their chins or mouths,
leavfng them only a breathing place. There they were kept as long as
they could endure the position and the bath. This was an established
part of the treatment or punishment. The Avorst of these practices had
passed away before the time of Pinel and his followers.

York Asylum.

Among the bad, the York Asylum was the worst. A female member
of the Society of Friends being placed as a patient in this institution in
seventeen hundred and ninety-one, died under suspicious circumstances.
They immediately determined to establish an asylum under their own
control, in which there should be no secrecy. William Tuke was the
great founder of this new hospital, and from the first he and his associ-
ates pursued those principles m its management that Pinel wt^^s then pro-
posing, and which have now become the established rule of practice in
Great Britain and the United States. They did not abolish all restraints,
yet they began this work, retaining onl}^ those of the milder kind.

Lincoln Asylum.

Dr. Charlesworth, in the Lincolnshire Asylum, in eighteen hundred
and twenty-one, began his experiments of substituting the milder for the
severe restraints, lie persevered in this great Avork year after year,
regardless of opposition and undaunted by difficulties, and at length
arrived at the total abolition, which he found both a practicable and a
more comfortable and successful method of controlling the patient. Mr.
Gardner Hill was also engaged in the same work, with the same result.

Dr. Conolly at HamceU.

Still chains, handcuffs, and leg blocks were in general use in the asy-
lums of Great Britain and the continental nations when Doctor Conoliy
entered the Ilanwell Asylum as Resident Physician, on the first of June,
eighteen hundred and thirtj'-nine. He was familiar with the writings
and practices of Pinel, Charlesworth, and Hill. He had confidence in
the success of these measures and in their applicability to any other
hospital. At once he determined to try the exj^eriment on the patients
at Hanwell.

He began his work June first. There were then over forty under
mechanical restraint. Immediately he commenced removing the shackles,
fetters, etc., from those who were the most promising, or who suffered

104

most, and proceeded gradually until the whole were removed in less than
four months. In his work on the treatment of the insane he quotes
from the asylum records:

"After the tirst of July, when 1 required a daily return to be made to
me of the number of patients restrained, there were never more than
eighteen so treated in one day. After the thirty-first of July the num-
ber never exceeded eight; after the twelfth of August it never exceeded
one, and after the twentieth of September no restraints at all were
employed."

On the thirtj^-first of October, in his first report to the Quarter Ses-
sions, he said: "Since the twenty-first of September not one patient has
been under restraint. No form of straight waistcoat, no handcufts, no
leg locks, nor any contrivance confining the trunk or limbs, or any of
the muscles, is now in use. The coercion chairs, about forty in number,
have been altogether removed from the wards " (p. 20).

In his eleventh and last report he says: "For ten years no hand or
foot has been fastened in this large asylum, by day or night, for the
control of the violent or the despairing; no instrument of mechanical
restraint has been employed, or even admitted into the wards, for any
reason whatever; no patient has been placed in a coercive chair by day
or fastened to a bedstead by night. Every patient, however excited or
apparently unmanageable, arrivmg at the asylum in restraints has been
immediately set free, and remained so from that time. The results, more
and more seen in every successive year, have been increased tranquility,
diminished danger, and so salutary an influence over the recent and
newly admitted and most recent cases, as to make the spectacle of the
more terrible forms of mania and melancholia a rare exception to the
general order and cheerfulness of the establishment" (p. 33).

Ejfect of Removal of liesiraints.

The effect of this removal of restraints was at once noticed in the
general tone of the whole hospital. The excited were sooner calmed,
the irritable less easily disturbed, and a general quieecence prevailed
more than before. The wards were managed with less difiiculty. The
new system tended to remove, as far as possible, all causes of excite-
ment from the irritable, to soothe, encourage, and comfort the depressed,
to repress the violent by methods that leave no ill ettect on the temper,
no painful recollections in the memory, and in all cases seize every
opportunity of jn'omotiug a restoration of the healthy exercise of the
understanding and the affections (p. 27.) Mania not exas])erated by
severity, and melancholia not deei:»ened by want of ordinary' consolations,
lose the exaggerated character in which they were formerly beheld.
Hope takes the place of fear, serenit}" is substituted for discontent, and
the mind is left in a condition favorable to every impression likely to
call forth salutary efforts (p. 28.)

Effect of Dr. Conolh/s Method on other Physicians.

Many physicians, managers of other institutions in Britain, visited
Dr. Conoll}^, and a few from the continent. These became converts
to his views and strong friends of his plans. One asylum after another
followed him, until, before many j-ears, non-restraint seemed to be the
universally accepted doctrine of the whole psychological profession in
England and Scotland.

105
Proof of the Advantage of Moral Treatment.

As proof of the advantage of moral over mechanical means of treat-
ment, Dr. Broadhurc^t points to " the general quietness and decorum of
his establishment, the cheerful aspect of the patients, the comparative
freedom from acts of destructive violence, the large proportion con-
stantly engaged in uset^il occupation, a decreased mortality, and an
increased percentage of cures." (p. 78.)

Mr. Wilkes, formerly Superintendent of the Stratford Asylum, now
Commissioner of Lunacy, writes: "The eft'cct of the change upon the
old inmates was in marked degree beneficial."

The excitement of the patients generally diminished. They were
less noisy and restless at night; destructive propensities and objection-
able habits were, in many instances, overcome. With greater oppor-
tunities of doing mischief, less occurred. And now, without a window
in any way protected, and a much larger number of patients, there is
probably less breakage of glass than there ever was. (p. 70.)

Reputation of Dr. Conolly.

He was very much consulted in the cases of the greatest importance,
and was considered the chief authority in all matters oi douijt. Ever
affable and courteous, he drew many to his house from his own country
and from abroad, and alienists from the continent and from America
found and enjoyed the most cordial hospitalit3\ Several of the p.sycho-
logical phj'sicians of the greatest power on the continent were among
his visitors and became the strongest friends of his doctrine of non-
restraint. Among these were Doctor Griesinger, of Berlin ; Baron
Mundy and Meyer, of Germany; Morel, of France; and Guislaiu, of
Belgium.

They used their utmost exertion to introduce the practice into their
several countries, but, except in the institutions within their immediate
influence, they made but few converts; and Continental Europe was yet
to accept the new method and to unchain its lunatics.

Doctor Conolly's opinions in reyard to the Management of the Insane.

In the management of the insane he considered the provision of large
establishments, however desirable as a matter of economy, was at the
cost of some of the remedial powers of the institution and of the
chances of restoration of the patients, and that the proper conduct of
lunatic asylums requires the whole power of mind and heart that belong
to the superintending physician; and that whenever the governors or
directors of each institution require their medical officers to leave their
high vocation and sacred responsibility of watching mental disorders
and guiding mental weakness, and give their time and thought to the
Bubordinate^matter of finance and stewardship, to collect bills, and watch
the market, they take from the suttering patients a part of that influence
"upon which their best hope of recovery is founded.

Such were the life and character of Doctor Conolly, and such were
his works, as described by his friend Sir James Clark, and as known, in
part, to most of us. Few men have fulfilled a nobler destiny; few will
be remembered with more aflcction and gratitude.

106

KIRKBRIDE ON RESTRAINT AND SECLUSION, AND THE MEANS OF AVOIDING

THEIR USE.

Restraint and Seclusion.

The use of mechanical means of restraint and the protracted seclu-
sion of patients in their rooms — although the former of them may be,
and as I believe is, occasionally desirable but not absolutely necessary
in the management of our hospitals for the insane — ought both always
to be regarded as evils of no trifling magnitude, and to abate which, as
far as possible, no effort should be left untried. They both tend to
produce a relaxation of vigilance, and it cannot be too often repeated
that whatever tends to make vigilance unnecessary is undesirable about
a hospital for the insane. Besides leading patients into bad habits, the
frequent use of the means referred to in a ward induces attendants and
others to look upon them as a common recourse in cases of difficulty or
danger, to regard them as their grand reliance in every emergency, and
to forget the great power of other measures that are entirely unobjec-
tionable— the value of tact and kindness and sympathy in controliing
the violence and dangerous propensities of the insane. And yet, with-
out a proper force of attendants and an efficient classification the use of
mechanical means of restraint and the protracted seclusion of certain
classes of patients is almost unavoidable.

Objectionable as I deem the use of restraining apparatus in a hospital
for the insane, it cannot be too earnestly insisted on that it is no advance
to give up mechanical means of restraint and to substitute the frequent
and long continued seclusion of the patients. Occasionally an individual
may really be more comfortable and much better oft' in the open air,
with some mild kind of restraining apj^aratus on his person, than he
would be confined to his room without it; for this kind of long contin-
ued seclusion is pretty sure, sooner or later, to lead to habits revolting
in themselves and most unfortunate for the future prospects of the
patient.

The subject is introduced here as a reason why no fa^se notions of
economy should be permitted to influence any Board of Trustees to ask
the Superintendent of an institution to attempt its management with a
force so inadequate as to compel him, against his better judgment, to
resort to means so objectionable, and which are so destructive to the
comfoi't and proper treatment of his patients.

Labor, Outdoor Exercise, and Amusements.

Having referred to the unfavorable results of an habitual use of
restraint and seclusion in a hospital for the insane, it is proper to indi-
cate in more detail some of the means by which those unfortunate effects
may be obviated.

A properly constructed building, admitting of a liberal classification
of the patients, and the employment of an adequate number of intelli-
g,ent and kind assistants, is indispensable for such an object. The
design in establishing every such institution being the restoration and
comfort of the afflicted, the relief of their families, and the protection of
the community, there can be no question but that it is sound economy
to provide everj'thing that will ett'ect these objects jDromptly and in the
most thorough manner.

Without adequate provision for outdoor exercise and occupation for

107

the patients, and a liberal supply of means of amusement, the excite-
ment of the wards and the violent and mischievous projicnsities of their
inmates will be apt to be such as to require modes of manai^ement that
might otherwise be easily dispensed with. The tirst cost of some of
these arranj»-ements will necessarily be considerable, but the ultimate
results can hardly fail to be so gratifying as to satisfy the most rigid
stickler for economy that the only wise course is to jirovide liberally of
everything likely to be benellcial to the patients.

The farm and garden olfer admirable means of useful occupation to
the insane at certain periods of the disease; for, useful as they are to a
large number, no greater indiscretion could be committed than attempt-
ing to set all insane men at work in every stage of their malady.

To those accustomed to such pursuits, as well as to many who have
been differently occupied, regular, moderate labor in the open tields or in
the garden contributes most essentially to their comfort and tends to
promote their recover}'. Labor, then, is one of our best remedies; it is
as useful in improving the health of the insane as in maintaining that of
the sane. It is one of the best anodynes for the nervous; it composes
the restless and excited; promotes a good appetite and a comibrtablc
digestion, and gives sound and refreshing sleep to many Avho would with-
out it pass wakeful nights.

The prorision of adequate and comfortable workshoj^s, in a convenient
position and under the care of competent superintendents, may be made
a source of profit to an institution, and furnish another means of labor
of an interesting kind to a large number of the insane.

The usual means of amusement, which demand active muscular exer-
cise, should not be neglected. A gymnasium, suitable in its fitting up
for insane men, and a calistheneum for insane women, will be found use-
ful. The various games of ball; the exercise of using a car on a circular
railroad; the care of domestic animals, as well as regular walks on the
grounds or in the neighborhood, are also among the kinds of exer-
cise that will be enjoyed by many patients; while means of carriage
riding seem almost indispensable for many, who from physical and other
causes cannot resort to the more active forms which have already been
referred to.

Within doors the means of keeping a comfortable house arc, in addi-
tion to the medical treatment, the constant presence among the patients
of intelligent attendants, active suj)ervisors, and judicious teachers or
companions, always read}^ to check the commencement of excitement, to
separate quarrelsome individuals, and to change the train of thought of
those who seem disposed to be troublesome. The means to eifect the
objects in view are very numerous, and the tact of an individual is shown
in selecting those that are most applicable to a case.

The introduction of regular courses of lectures, interesting exhibi-
tions of various kinds, and musical entertainments in the lecture rooms
of our hospitals for the insane, has done much to break up the monotony
of hospital life, which is so common a source of complaint among the
insane.

Kegular courses of instruction in well furnished school rooms, reading
aloud by the teachers to the patients of the more excited wards, the use
of well selected libraries, the inspection of collections of curiosities, the
use of musical instruments and various games, are all among the many
means which an ingenious 8uperintcndent will suggest for the benefit
and amusement of his patients, and which ought to be jjrovided for in
every institution for the insane.

108

In most of the asylums in the United States the dance is either added
to this list or substituted instead of some of its items. It is a favorite
amusement among the patients wherever it is allowed; and we have been
informed by some of the Superintendents that jiatients will often con-
trol themselves for a whole week with a promise that they may be
allowed the privilege of going to the next dance.

CHAPTER IX.

INSANE ASYLUMS, LOCATION, SIZE, SITES, ETC.

Location — Influence that Distance ought to have on Location — Eifect of Multiplying
Hospitals — Etfects of Railroads and other Facilities of Travel — Hospitals E(;tter
Known to Neighboring People — Observations on Foregoing Topics — New York State
Lunatic Asylums — General Suggestions — Propositions lelative to the Structure and
Arrangements for American Institutions for the Insane — English Lunacj' Commis-
sioners on Sites, Construction, Size, etc. — Suggestions of the Scotch Board — Size of
Hospitals — Quantity of Laud Necessary — Comments upon Kirkbride's Views.

LOCATION.

The location of an asjdum has, perhaps, as great an influence over its
usefulness as any other matter connected with its establishment, and
those to whom this important trust may be delegated, here or elsewhere,
cannot be too careful with the selection they may make. There are
certain general rules that should never be orerlooked nor disregarded by
them, as on their action may depend, in a great degree, the success of
the asylum to be established at the present time, as well as those that
must, in the progress of events, come after it.

The admissions in our Asylum during the last ten years was an
average of three hundred and fifty-eight each year, ana the average
annual increase has been sixty-seven. If we take a shorter period,
these numbers will be augmeiited. We see by the report of Dr. Shurt-
lefi', that "for the past five years the annual admissions have averaged
about four hundred and fifty, and the net increase has been about
eighty." With the increasing j)opulation, we ma}^ estimate with cer-
tainty that no decrease in these numbers will take place, if indeed, in
the providence of God, and the better habits of the people, it be per-
mitted to remain at these figures. This proportion of increase would
give us eight hundred additional insane persons in the next ten years.
But let us suppose that insanity will continue in its present ratio to tbe
population, or one to four hundred and eighty-nine inhabitants, and that
the population increases no more in the next decade than during the
last, and it will be seen that more than eight hundred will be added to
the regiment of insane men and women already in our Asylum at
Stockton. It therefore behooves us, in any present provision we may
make to meet the pressing necessities of immediate demands, to look
wisely to the future, and so shape our action that it may have its proper
bearing on similar provision to be made at some subsequent and not dis-
tant time to come.

109

INFLUENCE THAT DISTANCE OL'GnT TO HAVE ON LOCATION.

That the importance of locating an asylum in convenient proximity
to the greatest number who Will be liUely to require its use may be
thoroughly undei'stood and appreciated, we have made the following
extracts from a Treatise on the Influence of Distance from and Nearness
to an Insane Hospital on its Use by the People, prepared for the State
of New York, by Edward Jarvis, M. D.:

'' An insane hospital is, and must be to a certain extent, a local insti-
tution. People will avail themselves of its privileges in some proportion
to their nearness to it. No liberality of admission, no excellence of its
management, no power of reputation can entirely overcome the obstacle
of distance, expensi^, and of the difficulties of transporting lunatics, or
the objection of friends to sending tiieir insane j^atients far from home,
aud out of the reach of ready communication.

"The operation of this principle, in some degree, seems probable to
any one who gives a thought to the matter; but the facts, the jiarticular
history of those institutions in which the records of the homes of their
patients are kept, show that the objection of distance prevails with all
of them, and that those hospitals have been aud are used by those who
live near by much more than by those who live farther off; aud conse-
quentl}^ they are practically much more local in their usefulness than
they are intended or are supposed to ))e.

" The State Hospital at Utica was opened in eighteen hundred and
forty-three, and oltered to the people of every county, both near and
remote, on the same conditions. The people of Oneida, Schoharie,
Orange, Washington, and Chautauqua, were alike invited to send their
insane on the same terms. Between them there was and could be no
ditterence of advantage after their patients should be placed in the hos-
pital; the only difference was in the distance between their homes and
the institution, in the labor, cost, and burden of traveling to a hospital
with a lunatic. To make this matter more certain and to show the dif-
ference of enjoyment to the eye, the whole State has been divided into
four districts, according to their distance from the hospital.

" The First District is Oneida County, in which the hospital is
situated.

" The Second District consists of eleven counties: Chenango, Cortland,
Fulton, Herkimer, Lewis, Madison, Montgomery, Onondagua, Oswego,
Otago, Schoharie. These are mostly within sixty miles of IJtica.

" The Third District includes seventeen counties, which are from sixty
to one hundred and twenty miles distant: Albany, Broome, Cayuga,
Columbia, Delaware, Greene, Hamilton, Jetferson, Eeusselaer, Saratoga,
Schenectady, Seneca, Tioga, Tompkins, Warren, Washing-ton, AVayne.

" The Fourth District includes the most distant counties, which are
from one hundred and twenty to three hundred and lifty miles from
tJtica : Allegheny, Cattaraugus, Chautauqua, Chemung, Clinton,
Dutchess, Erie, Essex, Franklin, Genesee, Livingston, Monroe, Niagara,
Ontario, Orange, Orleans, Putnam, Queen, Eichmond, Eockland, Schuy-
ler, Steuben, St. Lawrence, Suffolk, Sullivan, Ulster, Westchester,
Wyoming, Yates.

" These four districts include all the counties of the State, except New
York and Kings, which have each hospitals of their own, and therefore
little or no occasion or inducement to send j^atients to Utica.

" The population of each of these districts has been ascertained and

110

calculated for each of the twenty-three years, eighteen hundred and
forty -three to eighteen hundred and sixty-live inclusive, since the hos-
pital was opened. The number of patients sent to the hosj)ital from
each district within that period has also been ascertained.

" Taking, then, the sum of the annual poiDulations for twenty-three
years, and dividing it by the number of patients sent in that time, shows
the proportion of patients which each district has sent out of its whole
number of j^eople. These numbers and facts are j)resented in the fol-
lowing statement;

" For these twenty-three years — eighteen hundred and forty-three to
eighteen hundred and sixty-tive — Oneida County sent one in two thou-
sand seven hundred and seventy-two of their number to the hospital.
The Second District sent one in five thousand eight hundred and twenty
of their number to the hospital; the Third District sent one in seven
thousand three hundred and fifty-one of their number to the hospital;
the Fourth District sent one in eleven thousand five hundred and thirty-
five of their number to the hsopital.

POPULATION AND PATIENTS OP DISTRICTS.

Districts.

Sum of the annual population for twenty-
three years

Patients sent to the hospital in twenty-three
years

Average annual population

Average patients sent to the hospital

Population to one patient sent to the hos-
pital in each year

2,292,643

827

99,680

2,772

10,528,406

1,809
457,756

5,820

16,837,520

2,222

710'327

7,351

28,146,477

2,440

1,223,760

106

11,535

" This shows a great disproportion in the uses made of the hospital by
the people of the near and of the remote counties.

" Taking a basis of one thousand for the extent of the enjoyment of
the hospital by the remotest districts, the proportionate enjoyment of the
districts will be: Fourth, one thousand; Third, one thousand five hundred
and sixty-eight; Second, one thousand nine hundred and eighty-one;
First, four thousand one hundred and ninety-six.

"The advantages of the hospital enjoyed by Oneida County have been
more than double those enjoyed by the counties next beyond, but within
sixty miles; they are nearly threefold those enjoyed by the counties
which are from sixty to one hundred and twenty miles distant; and more
than four times as great as those enjoyed by the people of the counties
which are more than one hundred and twenty miles distant. ,

" It will not be supposed that the insane persons who needed the hos-
pital care or treatment in these districts were in these proportions. It
cannot be sui^posed that the number of lunatics in Oneida County is
twice is great as that in Oswego; Fulton, Schoharie, Herkimer, and the
counties beyond Oneida, but within sixtj^ miles; or four times as great
as that in counties one hundred and twenty and more miles from this
district.

" The State censuses of eighteen hundred and fifty-five and eighteen

Ill

hundred and sixty-five show the number of the insane in the several
couiilie.s of Xow York. Arranging- these in the districts herein described,
according to their distance from Uticu, they were in proi)ortion to the
population:

POPULATION TO ONE LUNATIC IN NEW YORK.

DISTRICT.

183.5.

1865.

First

1,22-1
1,525
1,457

1,788

1,300
1,611
1,396
1 904

Second

Third

Fourth

" This diversity of advantage of an insane hosi")ital enjoyed by the people
of near and remote districts is not an accident, uor a peculiarit}' of New
York alone. It is a general and probabl}^ univer«>al principle — a natural
and necessary law of nature or humanity; for in all other States whose
hospital records of patients' residence have been obtained, the same law
is found to be in operation, and the people send their patients to these
institutions in proportion to their nearness.

" In twenty-six States, for various periods of years, insane hospitals have
been in operation, whose doors are and have been open alike to all of their
people. The reports of most of these institutions state the number which
have been sent to them from each county. From the others, copies of
the records of facts have been obtained, showing the number which
the various parts of the States have contributed to till the wards of these
institutions. In order to determine the extent and application of the
law of distance in the use of hospitals, these other States and two of the
British Provinces have been examined and analyzed in the same way as
ISiew York.

"They have been divided into concentric districts, making the county
in which the hospital is situated the first, and the contiguous counties
the second district, and the others more distant. The populations of
these several districts have been calculated and determined for each of
the years in which the ho8])ital has been in operation, or in which the
records of the residence of the patients were kept and have been ob-
tained, and the comparison made of the proportion of patients to jjopu-
lation of the several districts.

" It should be here stated that, in making these concentric circular
divisions, it has been impossible to make them perfectly regular, with
an exactly equal radius from the cominon centre, or equal distance of
the inner and outer boundary from the hospital, for the counties are very
diversely and irregularly shaped, some of them, as in Maine, being nearly
one hundred and lifty miles long. While, then, a district may be stated
to be within certain specified distances from the hospital, circles drawn
upon the radii would, on both sides, exclude some part of the territory
that belongs to it, and include some that belongs to its neighbor. Never-
theless, these irregularities of border or exceptions to the rule will not
militate with the general plan nor vitiate any calculations made upon or
deductions made from this analysis of the States and hospital receptions.

" Twenty-two States and two Bi'itish Provinces furnish the conditions

112

requisite for the purpose of this report, and are included in the calcula-
tions and statements.

POPULATION TO ONE PATIENT ANNUALLY SENT TO LUNATIC HOSPITALS.

Maine 1840-65

New Hampshire 1842-65

Massachusetts 1833-53

Khode Island 1849-65

New York 1843-65

New Jersey. 1848-66

Pennsylvania 1850-57

East Pennsylvania 1857-66

"West Pennsylvania 1857-66

Maryland 1850-64

Virginia 1828-59

North Carolina 1856-60

Mississippi 18.58

Louisiana 1848-58

Tennessee 1852-59

Kentucky 11^^^24-55

Ohio 1838-66

Illinois 1847-64

Michigan 1859-65

Missouri -1:1851-64

Canada 18,53-66

Nova Scotia 1858-64

Number

of
Years.

Districts.

2,835
2,440
2,229
3,094
2,772
2,253
6,061
5,884
3,650
7,034

■ 5,472
4,875

»15,018
6,653
3,923
3,198
5,060
3,306
3,162
5,910
3,184
467

5,171
3,470

3,872

5,279

5,820

3,714

10,793

10,497

10,585

10,122

10,314

6,433

7,026

15,235

8,318

10,670

7,304

7,865

9,229

12,553

7,227

1,023

5,630
6,280
4,953

7,351

5,905

17,686

17,414

22,382

23,009

21,,570

9,707

13,290

16,645

13,164

12,964

11,712

9,317

11,089

13,989

7,744

1,768

7,890

11,535

23,748
53,629

24,433
10,982
16,151
21,399
20.440
24,132
28,873
11,753
14,208
15,983
12,608
3,057

2.5,105
45,779
21,276
25,822
•15,826
27,801

15,585
58,039
26,933
14,.582

" In all these States the privileges of the ho.spitals are offered equally
to the people of the counties. Tbe patients of Oneida and Allegany
Counties in New York, of Mercer and Warren Counties in New Jersey,
of Dauphin and Venango Counties in Pennsylvania, can enter on the
same terms, enjoy the same advantages, and for the sattfe price. The
only ditference is the burden of cost, care, and labor of travel from
their homes to the place of healing. And yet the actual use oi" the hos-
pital by and the practical value of these institutions to the jjeople of the
remote districts have been only one fourth as great in New York, about
one third as great in New Jersey, and less than one third as great in
Pennsylvania as they have been in the districts near to them.

"Similar discrepancies in favor of the central counties and against the
district counties are seen to have existed in all the other States whose
record has been obtained.

EFFECT OP BIULTIPLYINQ HOSPITALS.

"This principle has been remarkably manifested whenever and wher-
ever a second hospital has been opened in any State and placed in a
district remote from the one previously in operation. The people who

* There is apparently something unexplained in the record of one county in each of these
districts.

t Excluding 1844, 1845, 1846, and 1847.
t Excluding 1861, 1862, and 1863.

113

sent a few patients to the distant institution now sent many to tlie hos-
])ital which was brought to their neis^hhorliootl. The nunihor of luna-
tics tliat found a place of healing was suddenly and pcnnaiiently
increascHi.

" In Massachusetts, the hospital at "Worcester was the onlj- Stale insti-
tution for the insane in the Comnion wealth from eighteen hundred and
thirtj'-three to eighteen huntlred and tifty-four, when the second hospital
was opened in Taunton, Bristol County, for the southeastern part of the
State. The Worcester establishment continued to receive all the patients
from the northern, central, and western counties until eighteen hundred
and fifty-eight, when the third hospital was opened at Northampton,
Hampshire County, for the western district. In both of these districts
there was a sudden and large increase of the insane whose friends sought
and used these new j^laces of healing for them. During the eight years —
eighteen hundred and forty-five to eighteen hundred and fifty-three —
previous to the opening of the Taunton Hospital the people of Bristol
County had sent one hundred and fitty-one patients to Worcester, which
was an annual average of one patient in four thousand four hundred and
thirty-1'our inhabitants. During the eight years after the hosj)ltal was
opened within their borders they sent three hundred and twenty-four
patients to it, which was an annual average of one patient in two thou-
sand one hundred and ninety-four people.

" In the former period the people of Plymouth County sent one in three
thousand seven hundred and nineteen of their number, and in the latter
period one in two thousand seven hundred and seventy-four.

"Barnstable, Dukes, and Nantucket Counties sent in the former period
one in four thousand one hundred and eighteen, and in the latter one in
three thousand five hundred and seventy-three to the hospitals.

POPULATION FOR ONE PATIENT SENT ANNUALLY TO THE STATE HOSPITALS.

1845 to 1853.

1854 to 1862.

C0UNTIE6-

c5'
c

Sum of popu-
lations

: o
: 3

• CD

so
cd'

fr*-
•

o'o

■ O

: '^
• "^

People to one
patient

o
•-^

w
CD

Bristol

151
132

104

669,581
493,215

429,319

4,434

324

810,903
565,981

421,662

2,194
2,774

3,573

102.1

Plymouth

3,719 204

34.

Barnstable ^

Nantucket [

Dukes J

4,118

118

15.2

Totals

387

1,592,115

4,111

646

1,798,546

2,784

42.9

" During the four years — eighteen hundred and fifty-four to eighteen
hundred and fifty-eight — the people of Hampshire County sent thirty-
seven patients to the Worcester Hospital, which was an annual average of
one in four thousand and eight inhabitants. In the four years atlor the
opening of the third hospital in their midst, the same people sent eighty-

114

five persons, or one in one tliousand seven hundred and eighty-seven of
their number to its care.

" Franklin County sent in the former period nineteen patients, or one in
six thousand five hundred and seventy-four people, to Worcester; and in
the latter period fifty-two, or one in two thousand four hundred and
nineteen peojile, to Northampton. Berkshire County is geographically
fifty miles nearer to Northampton than to Worcester. But a range of
mountains lies between, and the roads are difiicult for travelers, who can
use onl}^ private conveyances, except the Western l^ailroad to Spring-
field, and the Connecticut Eiver Eailroad from Springfield to ISTorth-
ampton. This practically reduces the diff'erence of distance between
the two hospitals to thirty miles. And many when once in the cars on
the Western Road find it easier to continue fifty-four miles further to
Worcester, than to change cars and go twenty miles to Northampton,
with their j^atients. Therefore the increase is less in Berkshire County
than in the others. Nevertheless, there was an increase.

" Before eighteen hundred and fiftj^-eight the Berkshire people sent
thirty-three patients, or one in six thousand nine hundred and thirty-
seven people, yearly to Worcester, and after that they sent to Worcester
and Northampton forty-seven patients, or an average in each year of one
in four thousand seven hundred and fifteen people.

"To the towns in the eastern part of Hampden County, Worcester is
nearer and more accessible than Northampton. Most of the peoi)le
must necessarily use the Western Eailroad, whether going to Worcester
or Northampton, and all must change cars at Springfield if they go to
Northampton, but not if they go to Worcester.

" The people of Hampden County sent in the former period one in two
thousand one hundred and eighty-five of the living to Worcester, and in
the latter, one in one thousand nine hundred and eighty-eight in each
year.

POPULATION TO ONE PATIENT SENT TO HOSPITAL BEFORE AND
NORTHAMPTON HOSPITAL WAS OPENED.

AFTER

Western District.

1855 to 1858, four years.

1859 to 1862, four years.

Increase.

COUNTIES,

•o g
►2 3

101

212,437
124,916
148,294
220,680

6,437
6,574
4,008
2,185

116

221,640
125,830
151,897
230,784

4,715
2,419
1,787
1,988

38.6

171.2

Hampshire

Hampden

Total Counties

124.3 •
9.9

190

706,327 3,717

300

730,151

2,433

52.7

" The people of Hampshire County nearly trebled the number and
proportion of their patients in the hospital. The people of Franklin and
Bristol more than doubled them, and the other counties also increased

115

them very greatly, and thus so many more of their lunatics found places
of liealing and protection Avhen the hospital Avas brought to their neigh-
borhood and within their reach.

EFFECT OF RAILROADS AND OTHER FACILITIES OF TRAVEL.

"Facilities of travel, navigable rivers, canals, railroads, public high-
waj-s, pul)lic conveyances, Avhich render communication easy and cheap,
and intercourse familiar, and virtually diminish distance from'the hospital,
increase the ratio of patients that are sent to it. We therefore find that
three counties -which are situated along the course of rivers, canals,
roads, etc., leading directly to the situation of the hospitals, have sent
more patients to these institutions than other counties of equal popula-
tion and at equal distances, but not favored with these facilities of com-
munication. Ten counties in New York along the line of the railroad,
canal, etc., east and west of Utica, with easy means of travel, sent two
thousand one hundred and fifty-one patients to Utica, or one in seven
thousand two hundred and sixty-six. AYhile during the same period ten
other counties, northeast and southwest from Utica, with no easy means
of communication, sent six hundred and forty-seven j)atients, or one in
eleven thousand nine hundred and thirty-four of their number to the
State Hospital. Taking all these facts into view, we have here indis-
putable proof of the effect of distance in diminishing the practical bene-
fits of lunatic hospitals to the people of any district. In all these States
these hospitals are as open and their advantages as freely granted to
the patients from the most remote towns as to those in their very neigh-
borhood. It is not hinted, or even suspected, that the lunatics whoso
friends reside afar oft' are not as kindly, as faithfullj', and as success-
fully treated, and at as small a cost, as those whose friends are so near
as to keep a watchful vigilance over their welfare.

HOSPITALS ARE BETTER KNOWN TO THE NEIGHBORING PEOPLE.

" The idea of the hospital purposes and its management is familiar to
those who live in its vicinity. They know its means, its objects, and
its administration; they know the character of its officers and its
attendants. The}' are frequently witnessing its operations and results
in the many who are going to and returning from it in improved or
restored mental health. Whenever they think of the possibility of their
becoming insane, the idea of the hospital presents itself to their minds in
the same connection almost as readily as the idea of their own chambers,
their own j^hysician, and the tender nursing of their own family is asso-
ciated with the thought of having a fever or dysentery; and when any
one of their family or friends become deranged the hospital occurs to
them as a means of relief, and they look ujion it as a resting place from
their troubles.

" But this ready association of the hospital with lunacy and this
generous confidence in its management diminishes as we recede from it.
The people in the remoter places know the general facts; but distance
lends an obscurity to the notion, and thus the character of the hospital
and its administration do not stand before them as the thought of home
and domestic arrangements, of which they can cheerfully and trustfully
avail themselves in any emergency. To them the hospital seems a
strange place; perhaps a place of unkind restraint, or even of needless
confinement, rather than a home of tenderness. Its officers are to them

116

strangers rather than friends; and its attendants, though good and
honest persons, are not as household comforters and nurses, or even as
neighbors, Avhose ready and aftectionate sj'mpathy is sure, and on whom
they are accustomed to call in time of trouble, and to whom they
unhesitatingly commit the care of their disordered and distressed
relatives or children.

"■ Then the unwillingness to be far separated from their suffering or
weakened friends operates with man3\ This is, indeed, a mere feeling
or sentiment; but it is converted into 2)i*actical facts, and retains some
at home who would otherwise be sent to and cured in a hospital if it
were nearer to them. The State Lunatic Hospital, when it is used, is no
better to the people of Oneida than to those ol' Cattaraugus and Clinton;
but so long as a j^ortion of the people of the remote counties do not feel
so their insane friends are not sent there.

" The difficulties and expense of sending lunatics over long distances,
or unfrequented and indirect roads, or by private conveyances, are per-
haj)s the most eiiectual obstacle in the way, and more than any other
diminish the number of patients with the increase of miles that separate
them from the hospital.

" For these reasons the towns in the neighborhood of the public hos-
pital in this State have enjoyed more than four times as much of its
benefits as the remote towns; and all the other hospitals mentioned in
this article have been compelled to confer their blessings in a similar
and some of them in a much greater disproportion upon the people of
the neighboring than upon those of the distant districts of the State to
which they respectively belong.

'MVe think we have here presented facts enough to establish it as a
general principle that the advantages of any public lunatic hospital,
however freely and equally they may be offered to all the people of any
State, are yet to a certain degree local in their operation, and are enjoyed
by peojile and communities to an extent in proportion to tljeir nearness
to or distance from it.

'• Whenever and wherever the same causes exist the same effects must
be produced, and any hospital that may be hereafter ^tablished must
be subject to the same law. This law of nearness, inviting and increas-
ing the patients, and of distance, preventing and diminishing the number
in hospital, is our very nature, and must oj^erate in the future as well as
the jjast. The people will be influenced bj' the same motives in time to
come, as they have been in the years that have gone by."

, OBSERVATIONS ON FOREGOING TOPICS.

. Thus we are shown, by the interesting gaper prepared with the great-
est care by this able and accurate observer, that insane asylums dispense
their blessings almost in proportion to their convenience to the people.
We also learn from other sources that the proportion of cures from the
nearer counties is much greater than those in the second radius of dis-
tance, and so on with corresponding ratio to the third and fourth. This
^i's what we might naturally expect, as those who live near the hospital
would be sent to it for treatment at the earliest period after the attack,
while those living at the greatest distance Avould defer the separation
fi-om the afflicted member of the family to the latest moment, and too
often till all hope of relief has passed away.

It is interesting to notice in this connection that since the publication
of Doctor Jarvis' paper the State of New York has inaugurated an

117

entirely new policy, and we are informed by Doctor Cliarlcs S. Hoyt,
Secretary of the Board of State Commissioners of PuMic Charities, in a
letter recently received from that gentleman, that it has been determined
to bring ever}' insane i:>erson Avithin its borders under the supervision of
its officers; and that bills have already been passed authorizing the
establishment of first class asylums for the accommodation, care, and
treatment of all the insane in the State.

The following brief description of these asylums, with amount of
appropriation for each, as well as their location, will best convey an
idea of the noble work that has been undertal<en, and may serve to
guide us in the judicious location of our new asylum:

THE NEW YORK STATE LUNATIC ASYLUM, AT UTICA.

This asylum, the only State institution for the insane fully completed,
was organized by the Legislature in eighteen hundred and forty-two,
and opened for patients in eighteen hundred and forty-three.

The buildings consist of a central cditiee, two front and two rear
wings, a cross wing, additional wings, and outbuildings. The front and
centre are constructed of stone, and the other portions mainly of brick.
The central building is four ^tories in height above the basement, and
one hundred and twenty by seventy-six feet on the ground. The front
wings are three stories high, and each has an area of two hundred and
fifteen by thirty-tive feet. The rear wings are of the same height, two
hundred aiul titty feet each in length, and thirty feet in width. The
cross wing is two stories high, tweuty-tive feet wide, and three hundred
and fifty feet long. One of the additional wings is two, and the others
are one story in height. The former has an area of eighty-five by
twenty-five feet, and the latter one hundred and sixty-three by thirty-
four feet. The entire edifice j)i'escnts a front of five hundred and fifty,
and the flanksa depth of two hundred and fifty feet. It is heated by
steam, lighted by gas, and ventilated in the most approved manner.
The outbuiMings are a mortuary, bakery, coal house, work shops, boiler
and engine house, containing also the fans for ventilation, and drying
and ironing rooms, wash house, farm buildings, carriage house, barns,
ice house, etc.

The asylum, as first erected, and until eighteen hundred and fifty-two,
had room for only four hundred and fifty (450) patients. Since that
date, the original buildings have been remodeled, the adtlitional wings
erected, and the cross wing adapted to the insane, by which the institu-
t on has been made to accommodate six hundred (GOO) patients. It
also furnishes apartments for the resident officers and necessary attend-
ants and employes. Cost — six hundred and sixty-one thousand and
sixty-five dollars and fifty-eight cents.

THE WILLARD ASYLUM FOR THE INSANE, AT OVID.

This institution, designed for the chronic pauper insane, heretofore
l^rovided for in the county poorhouses, and for those who may be here-
afcer discharge 1 from the State Asjdum at Utica as incurable, was
established by an Act of the Legislature, passed April fifth, eighteen
hundred and sixty-five. The site, known as the " State Agricultural
Farm," contains four hundred and seventy-five (475) acres, near the
Village of Ovid, on the east shore of Seneca Lake. The erection of the
building was commenced in the Spring of eighteen hundred and sixty-

118

six, and it was so fur advanced as to be opened for patients in October,
eighteen liundred and sixty-nine.

Tlie main asylum building is situated near the lake. The plan of this
edifice comprises a central building for the Superiiitendant's residence
and offices, and a north and a south wing, with extensions from the
extremities of these to the rear, for patients. It is a plain, substantial,
three story brick structure, well planned and arranged, and furnished
with the appliances and conveniences requisite for its purposes.

In addition to the main asylum, there is the " Agricultural College
Building," on the premises when acquired by the State, and now known
as the " Branch." This building, situated about one mile from the main
edifice, was rem.odeled and fitted up the past year, and occupied by
female patients in November last. It is a jjlain, substantial brick struc-
ture, in good preservation, and apj^ears to be well adapted for the pur-
poses to whi(!h it is applied. The Trustees estimate it to have cost one
hundred and fifty thousand dollars.

The cost of the buildings now in use for the insane, and the Trustees'
estimated cost for the completion of those in process of erection and
proposed, is shown by the following statement:

Cost of the main asylum and branch in use, including fur-
niture, out buildings, etc. (as stated above)

For the completion of the south wing, including the amount
already expended (estimated)

For the extension to the north wing, erecting a single group
of detached buildings, furniture, fences, further water sup-
ply, etc. (estimated)

Total

$446,998 44
81,728 67

200,000 00

>728,727 II

The completion of the buildings as j^roposed will give accommodations
for the insane as follows: in the main asylum, five hiftidred (500); the
"branch," two hundred (200); single group of cottages, two hundred
(200); total, nine hundred (900) patients.

The Trustees of this asylum express the opinion that its capacity
may be very propcrl}- extended by the erection of additional groups of
detached buildings similar to the one proposed at difterent points on the
farm, so as to include nearly if not all the chronic pauper insane of the
State not suitably provided for otherwise. In the judgment of these
officers this would prove economical, by lessening the cost of the build-
ings per capita, and utilizing the labor of the insane, and at the same
time secure to them under a single responsible direction and control,
better treatment and care. This subject is one of such great public
importance, not only as aifecting the insane, but as to the cost of pro-
viding for their maintenance, that the Board deems it proper to present
it to the attention of the Legislature.

THE HUDSON RIVER STATE HOSPITAL FOR THE INSANE

Was established by the Legislature March sixteenth, eighteen hundred
and sixty-seven. The site, previously selected by Commissioners ap-
pointed by the Governor, contains three hundred (300) acres. Its loca-

119

tion is on the cast bank of the Hudson River, two miles north of tho
City of Pouiflikeejisie.

The pliin of this hospital comprises a central edifice for administrative
purposes, anti a north and a south wing, composed of four sections each,
for patients. It also includes a chapel, general kitchen, boiler and engine
house, workshops, gas house, etc., to be situated at the rear of tlie cen-
tral structure.

The erection of the building was commenced in September, eighteen
hundred ami sixty-seven. The three extreme sections of the south wing
are nearly tinished and partly furnished, and it is stated, if funds were
provided, could be soon ready for patients. The boiler and engine house
are built and two boilers set; the foundations for the four remaining
boilers re<piired for the entire building are laid; the great chimney, con-
taining Hues for the boilers, kitchen range, bake shop, gas retorts, and
central ventilating shaft, is also built; the underground air duct is made,
and the main sewer laid from the chimney to the river. The reser-
voir for the full capacity of the hospital is two thi^jds completed, and
the arrangements for water are said to be adequate for its present
purposes. *

The hospital is being constructed of IsTorth River brick, with a better
quality for face work. The window heads are of Ohio stone, with blue
stone introduced to increase the artistic effect. The centre building and
a part of two sections of each wing will be three, and the residue two
Btories in height.

The portions of the building erected will accommodate one hundred
and twenty (120) patients, and when the hospital is completed according
to the plans adopted it will furnish room for four hundred (400).

The Medical Superintendent reports that the estimated cost of the
building when the plans were adopted was six hundred and sixty-six
thousand dollars; but in the event of the continuance of the inflated
prices for materials and labor heretofore jiaid it will cost, when com-
pleted according to these plans, twelve hundred thousand dollars. It is
stated, however, by this officer, that this estimate maj"" be modified by
the gradual decrease in prices now taking place, and the advantages to
be derived from the increase of power from the boilers, in the use of the
machinery, etc., but that no great reduction can be anticipated. The
institution is designed for the treatment of cases of acute insanity, and
the buildmg is being constructed with the adaptations and appointments
necessary to carry out its objects.

THE BUFFALO STATE ASYLUM FOR THE INSANE

Was organized under chapter three hundred and seventy-eight, laws
of eighteen hundred and seventy. The site, previousl}' selected by desig-
nated Commissioners, consists of two hundred (200) acres, situated near
Buffalo, and was presented by that city to the State.

The Managers report that the ground plan of the building has been
adopted, and that the plan of the elevation will j^robably be soon ap-
proved, and the work of erection commenced.

The Board had expected information as to the estimated cost of the
building from the Managers, but it has not been received. We learn that
it is to be constructed of brick, with arrangements for the treatment of
cases of acute insanity, and with capacit}' for the accommodation of five
hundred (500) patients. The general estimate of superintendents of in-
sane asylums for the erection of j^lain, substantial bixildings of such

120 •

character, and appropriately furnishing the same, at the present prices
for material and labor, is one thousand six hundred dollars per inmate.
On this estimate it will cost, when completed, eight hundred thousand
dollars.

The following statement shows the capacity and cost of the State
Asylums for the insane in use, and the estimated capacity and cost of
those in process of erection, or for which appropriations have been made,
■^hen completed according to the several plans adopted, as hereinbefore
referred to :

NAMES OP ASYLUMS.

Cost of the
Luildiiiffs.

The New York State Lunatic As3'dum at Utica.
The AVillard Asylum for the Insane at Ovid....
The Hudson lii^er State Hospital for the

Insane at Poughkeejisie ^.

The Buffalo State Asylum for the Insane at

Buffalo

The New York State Homoeopathic Asylum for

the Insane at Middleton

Total !

$G61,0(^5 58

728,727 11

1,20(5,000 00

800,000 00

360,000 00

53,749,792 69

In conclusion, the Board deems it proper to submit a general view of
the present number of the insane in custody, of their condition in res-
pect to recovery, of the present provision made for them, and the
requirements for the future.

It will be observed that there were at the close of the first year, four
thousand four hundred and eighty-four (4,484) insane persons in jDublic
institutions. Of these, nine hundred and twenty-five (925) were in the
State Asylums, and one hundred and forty-eight (148) fn incorporated
institutions receiving State aid. The Counties of New York and Kings
contained one thousand nine hundred and sixty-seven (1,967): and there
were in the County Poorhouses and City and County Asjdums one
thousand four hundred and forty-four (1,444). Thus we see that the
State of New York has not only determined to provide asj'lums for the
reception of all of her insane population, but has wisely chosen locations
in different portions of the State, that they may be easil}^ accessible to
all of her citizens who may be so unfortunate as to require their healing
influences; though while we commend the generous liberality and muni-
ficent appropriations that distinguish this noble act of humanity, wo
cannot advise our legislators to follow her exarajjle in all respects. In
the enlightened policy of providing suitable hospitals for all who require
their use, we most heartily and unequivocally conciir; but we cannot
see the necessity of such lavish expenditure in building palacial resi-
-sdences for a class of persons who can neither appreciate the magnifi-
cence of the edifice, nor pay for the luxury. The Poughkeepsie Asylum,
it appears, will cost three thousand dollars for eacdi patient to he accom-
modated; which, according to our view, is-at least twice as much as any
State institution should cost under any circumstances; and I'or buildings
alone, we are satisfied that one thousand dollars (§1,000) per patient is

121

enough. It is true that all asylums of this class should present an
attractive and cheerful a])pearaHce, its architectural proportions should
be in good taste, plain, neat, and substantial; but uU expenditures simply
for ornamentation should be scrupulously avoided, otherwise charity
may be crij)pled at the expense of pride and vanity.

But this js a digression from the subject under discussion. AVe have
desired to show, and trust Ave have succeeded, that asylums are intended
for the use of the people, and to be most useful they must be accessible.
This being admitted, it will be easy to conclude that our next hospital
for the insane shoukl bo located somewhere on or near the Bay of San
Francisco, and within easy reach of that city. At what particular lo-
calit}', must necessarily depend on many important circumstances and
indispensable conditions; and that the commission to which this respon-
sible duty should be coutided may not, from iuadvertance, overlook or
neglect any of them, we append the following suggestions from the As-
sociation of Medical Superintendents of American Institutions for the
Insane, and of the English and Scotch Boards of Commissioners in Lu-
nac}^ who, from their great ability and long experience, would not be
likely to make unnecessary recommendations on the one hand nor over-
look important matters on the other.

•

PROPOSITIONS RELATIVE TO THE STRUCTURE AND ARRANGEMENT OF AMERI-
CAN INSTITUTIONS FOR TUB INSANE, 1853.

I. Every hospital for the insane should be in the country, not within
less than two miles of a large town, and easily accessible at all seasons.

II. No hospital for the insane, however limited its capacity, should
have less than fifty acres of land devoted to gardens and pleasure grounds
for its patients. At least one hundred acres should be possessed by every
Si:atc hospital or other institution for two hundred patients — to which
number these propositions ajjply, unless otherwise mentioned.

III. Means should be provided to raise ton thousand gallons of water,
daily, to reservoirs that will supply the highest parts of the building.

IV". No hospital for the insane should be built without the plan having
been first submitted to some physician or physicians Avho have had the
charge of a similar establishment, or are practically acquainted Avith all
the details of their arrangements, and received his or their full appro-
bation.

V. The highest number that can with propriety be treated in one
building is two hundred and fifty, while two hundred is a j)referable
maximum.

VI. All such buildings should be constructed of stone or brick, have
slate or metallic roofs, and, as far as possible, be made secure from acci-
dents by fire.

VII. Every hospital having provision for two hundred or more
joatients should have in it at least eight distinct wards for each sex —
making sixteen classes in the entire establishment.

VIII. Each ward should have in it a parlor, a corridor, single lodging
rooms for patients, an associated dormitory, communicating Avith a
chamber for two attendants, a clothes room, a bath room, a Avater closet,
a dining room, a dumb Avaiter, and a speaking tube leading to the kitchen
or other centi'al part of the building.

IX. jSTo apartments should be proA'ided for the confinement of patients,
or as their lodging rooms, that are not entirely above ground.

122

X. No class of rooms should ever be constructed without some kind
of window in each, communicating directly with the external atmosj)here.

XI. No chamber for the use of a single patient should ever be less
than eight by ten feet, nor should the ceiling of any story occupied by
patients be less than twelve feet in height.

XII. The floors of patients' apartments should always be of wood.

XIII. The stairways should always be of iron, stone, or other inde-
structible material, ample in size and number, and easy of ascent, to
afford convenient egress in case of accident from fire.

XIV. A large hospital should consist of a main central building with
wings.

XV. The main central building should contain the offices, receiving
rooms for company, and apartments entirely private for the Superin-
tending Phj^sician and his family, in case that officer resides in the
hospital building.

XVI. The wings should be so arranged that if rooms are placed at
both sides of a corridor the corridors should be furnished at both ends
with movable glazed sashes for the free admission of both light and air.

XVII. The' lighting should be by gas, on account of its convenience,
cleanliness, safety, and economy'.

XVIII.*The apartments for washing clothing, etc., should be detached
from the hospital building.

XIX. The drainage should be underground, and all the inlets to the
sewers should be properly secured to prevent oftensive emanations.

XX. All hospitals should be warmed by passing an abundance of pure
fresh air from the external atmosphere over pij^es or plates, containing
steam under low pressure, or hot water, the temperature of which at
the boiler does not exceed two hundred and twelve degrees Fahrenheit,
and placed in the basement or cellar of the building to be heated.

XXI. A complete system of forced ventilation in connection with the
heating is indispensable to give purity to the air of a hospital for the
insane, and no expense that is required to effect this object thoroughly
can be deemed either misplaced or injudicious.

XXII. The boilers for generating steam for warming the building
should be in a detached structure, connected with which may be the
engine for pumping water, driving the washing apparatus, and other
machinery.

XXIII. All water closets should, as far as possible, be made of inde-
structible materials, be simple in their arrangement, and have a strong
downward ventilation connected with them.

XXIV. The floors of bath rooms, water closets, and basement stories
should, as far as possible, be made of materials that will not absorb
moisture.

XXV. The wards for the most excited class should be constructed
with rooms on but one side of a corridor, not less than ten feet wide, the
external windows of w,hich should be large, and have pleasant views
from them.

XXVI. Whenever practicable, the pleasure grounds of a hospital for
the insane should be surrounded by a substantial wall, so placed as not
to be unpleasantb, visible from the building.

Additional Declarations, 1866.

The following comprehensive resolutions were proposed by Dr.
Nichols, of the Government Hospital for the Insane at Washington, and

123

adopted by the Convention of ^fedieiil Superintendents of American
Institutions for the Insane, in eighteen hunilred and sixty -six, and em-
pliatically reaffirmed in eighteen hundred and sixty-seven. They com-
pi'ise a full and clear declaration of sound principles, tested by expe-
rience :

1. The large States should be divided into geographical districts of
such size that a hospital, situated at or near the centre of each district,
will be i)ractically accessible to all the people living within its boun-
daries, and available for their benefit in case of mental disorder.

2. AH State, count}-, and city hospitals I'or the insane should receive
all persons belonging to the vicinage designed to be acconunutlated by
each hospital, who are affected witli insanity proper, whatever may bo
the form or nature of the bodily disease accompanying the mental
disorder.

3. All hospitals for the insane should be constructed, organized, and
managed substantially in accordance with the propositions adopted by
the association in eighteen hundred and fifty-one and eighteen hundred
and fifty-two, and still in force.

4. The facilities of classification or ward sepai'ation possessed by each
institution should equal the requirements of the difi'erent conditions of
the several classes received by such institution, whether these different
conditions are mental or physical in their character.

5. The enlargement of a city, county, or State institution for the
insane, which, in the extent and character of the district in which it is
situated, is conveniently accessible to all the people of such district, may
properly be carried, as required, to the extent of accommodating six
hundred patients, embracing the usual proportions of curable and incur-
able insane in a particular community.

Mesoluiions offered in the same Association in 1870.

JRcsolved, That this Association reaffirm in the most emphatic manner
its former declarations in regard to the construction and organization of
hospitals for the insane; and it would take the present occasion to add
that at no time since these declarations were originally made has any-
thing been said or done to change in any respect its frequently expressed
and unequivocal convictions on the following points, derived as they
have been, from the patient, varied, and long continued observations of
most of its members: ,

First — That a very large majority of those suffering from mental dis-
ease can nowhere else be as well or as successfuU}' cared for for the
cure of their maladies, or be made so comfortable, if not curable, with
equal protection to the patients and the community, as in well arranged
hospitals speciall}^ provided for the treatment of the insane.

Second — That neither humanity, economy, or expediency can make it
desirable that the care of the recent and chronic insane should be in
separate institutions.

Third — That these institutions, especially if provided at the public
cost, should always be of a plain but substantial character; and, while
characterized by good taste and furnished with everything essential to
comfort, health, and successful treiatment of the patients, should avoid
all extravagant embellishments and every unnecessary expenditure.

Fourth — That no expense that is required to provide just as many
of these hospitals as may be necessary to give the most enlightened

124

care to their iusane can properly be regarded as either unwise, inexpe-
dient, or beyond the means of any one of the United States.

These resolutions came before the Association in eighteen hundred
and seventy-one, and were unanimously adopted, the following Suj)erin-
tendents voting upon the question:

Yeas — Doctors Eay, Butler, Kirkbride, McDill, Shew, AValker, Hughes,
Parsons, Laudor, Eeidle, Compton, Gundry, Clopton, Grissom, Lewis,
Eancroft, Cur wen, Evarts, Dickson, Hoy, Gray, and Eead.

Nays — jSTone.

In the discussion uj)on their adoption. Doctor Eay used this language;

"Mr. President: I feel very much as Mr. Webster did on one occasion
when called upon, as he said, to reaffirm an ordinance of nature. The
oj)inions of the Association on certain points have been so well fixed for
many years that I supposed they would never be altered; that they
were correct from the very nature of tilings. I am not clear now aljout
the necessity of bringing up again the subject matter of these resolu-
tions. It does seem to me like reaffirming the laws of nature. The
questions implied in these resolutions you are aware have come up at
various times before the Association, and have been very thoroughly dis-
cussed. It seems to me we have discussed them until they are thread-
bare. For this reason I do not feel like speaking upon them at present."

In reply to a question asked by Doctor Cook, Doctor Kirkbride made
these remarks:

" Speaking for myself, I should say, without any hesitation whatever,
that I do mean, as the fourth resolution declares, that every State should
j)rovide enough institutions to accommodate all the insane within its
•borders. It is my firm conviction that the poorest State in this country
is perfectly able to provide jtfst as many hospitals as a»e necessary. I
do not believe any Government has the right to say to one family, ' We
will take care of your afflicted one,' and say to another, ' We will not
take care of yours,' simply because one is a more recent case than the
other. If we undertake to provide for a part of the insane, we are
bound to provide for all. One family has just as good a right to claim
the bounty of the State as another."

Doctor Cook — "You Avould not exclude chronic cases?"

Doctor Kirkbride — "I certainly would not."

ENGLISH LUNACY COMMISSIONERS ON SITES, CONSTRUCTION, ETC.

[Sugge«tiqns_and Instnictions in Keference to (1) Sites, (2) Construction and Arrangement
of Buildings, (.3) Plans of Lunatic Asylums, by the Commissioners in Lunacy for
England and Wales.]

-. No. 1 — Sites. — General.

1. The site of an asylum should be of a perfectly hot' ' thy character,
and offer facilities for obtaining a complete system oT drainage. A
chalky, gravelly, or rockj^ subsoil is most desirable; but if a clayey sub-
soil only can be obtained, an elevated position is indispensable.

It should not be near to any nuisances, such as steam engines, shafts

125

of mines, noisy trades, or offensive manufactures^ neither should it be
surroundedj.or overlooked, or intersected, b}- public roads or footpaths.

Proportion of Land.

2. The land belonj^in^^ to the asylum should, when practicable, be in
proportion of not less than one acre to four patients, so as to afford
amide means for agricultural employment, exercise, and recreation; and
should be so situated as to offer facilities for any extension which may
become necessary at a future period.

Form of Ground.

3. The site of the building should be elevated, as respects the sur-
rounding country, and (if to be obtained) undulating in its surface, and
cheerful in its jjosition, and having a fall to the south.

Position and Aspect of Budding.

4. The building should be placed near the northern boundary of the
land; and it is important that the site should afford a jilateau of sutlicient
extent for the structure, and for ready access from the north; the whole
of the southern portion of the land being available for the undisturbed
use of the patients.

Locality.

5. The asylum should be as central as possible to the mass of popu-
lation in the country or district for which it is to be erected, and should
be convenient with respect to its easy access by public conveyance in
order to facilitate the visits of friends and the supply of stores.

Supply and Quality of Water.

6. It is of* the utmost importance that there should be a constant and
ample supply of good water, of which a careful analj'sis should be made
with a view of determining the proper materials for pipes and reservoirs,
and also to ascertain its fitness for the purposes of drinking and wash-
ing. The quantity, exclusive of rain water, should at the drj'est season
be not less than tAventy-five gallons per patient per diem, and the amount
should be accurately gauged.

1^0. 2. — Construction and Arrangement of Buildings. — General Form.

1. The general form of an asylum should be such as to afford an unin-
terrupted view of the surrounding country, and the free access of sun
and air, and be so arranged as to give the principal day rooms on the
lowest and middle stories a southern or southeastern aspect.

Entrance and Offices to the North.

2. There should be no road of approach or public entrance on the
south side of the asylum. The general entrance, the porter's room, the
reception and visitors' rooms, the clerk and steward's office, and store-
rooms, and the other offices, should be i)laced on the north side of the
building.

126

• Character of Building.

3. As the building is intended for the accommodation of pauper
patients, all superfluous external decoration should be avoided; at the
same time it should be rendered as cheerful and attractive as due consid-
eration of economy will jiermit.

Separation of Sexes, and Classification.

4. The accommodation for the male and female patients should be kept
distinct on either side of the centre, and the building should be so con-
structed as to admit of the separation of the male and lemale patients,
resj)ectively, into three classes. As a general rule the numbers in each
class should be such as to require the services of not less than two
attendants.

Stories.

5. The building may consist of three stories, provided the uppermost

story be devoted to sleeping accommodation.

Buildings for Worldng Patients.

6. Buildings of a cheap and simple character, consisting merely of
associated day-rooms and dormitories, without long corridors or other
expensive arrangements, should be provided for the use of working
patients. These buildings should be x>laced in connection with the
w^ashhouse and laundry on the female side, and be conveniently situate
in reference to the workshops and farm buildings on the male side.

For Idiotic and Epileptic Patients.

Provision of an equally simple and inexpensive description should also
be*inade for a portion of the idiotic and ejiileptic jjati^ts, and also for
chronic cases.

Size of Chapel and Offices.

7. The chapel and all offices and parts of the building common to the
establishment — such as the kitchen and sculler}-, the washhouse and
laundry, the workshops and storerooms, should be sufficiently spacious
to meet the prospective wants of the asylum in case of an increase in
the number of patients.

Position of Chapel.

8. The chapel should not be placed over the kitchen. It should be
capable of comfortably accommodating at least three fourths of the
patients. It should have the usual character and arrangement of a
church, and contain no special or peculiar provision for the separation of
the sexes.

General Dining Hall.

9. A general dining hall, conveniently situate with reference to the
kitchen, and capable of being made available for the purposes of recrea-
tion, should be provided for the patients of both sexes.

127
Officers' Residences.

10. A good residence should be provided for the Medical Superin-
tendeut, with kitchen and other necessary domestic offices. Suitable
a]Kirtnients of moderate extent should also be provided for the Assistant
Medical Officer, the Steward, and the Matron, but for these officers a
separate kitcheu is not required.

Domestic Servants.

There should also be sleeping accommodation for the domestic servants
of the institution, with whom might conveniently be associated those
patients who habitually work in the kitchen.

Proportion of Single Booms.

11. The proportion of single rooms throughout the Asylum need not
exceed one third. The single rooms should be chiefly in the wards
appropriated to the excited and the sick. A few should be available for
Sjjccial cases in the other wards.

Arrangement of Upper Stories — Passages and Corridors.

12. In the upper stories passages of communication of moderate width
should be adopted in lieu of wide corridors, and the dormitories should
be placed to the south. Generally, long, wide, and expensive corridors
should not be constructed, but only so much passage or corridor pro-
vided as may be absolutely necessary to connect the several parts of the
building.

Stairs.

13. The stairs should be built of stone, without windows or long,
straight flights. The well should be built up, and hand rails should be
provided.

Staircases.

14. The staircases should be so arranged that the medical officer,
attendants, and others may pass through from one part to another with-
out necessarily retracing their stej^s.

Material for Floors — Provision Against Fire.

15. All the corridors and day and sleeping rooms should have boarded
floors, and it is desirable that the boards should be tongued. It is indis-
pensable that they should be of the best wood, and thoroughly well
seasoned. The floors of the sculleries, lavatories, and water closets
need not be of wood. There should be a disconnection of the floor and
joists at all the internal doorways, by means of a stone sill; and in all
cases where a fireproof construction is not adopted similar sejiarations,
at not greater distances apart than fifty feet, should be made in the floors
and joists of the galleries or corridors. Provision should also be made
for a complete fireproof sejiaration of the timbers of the roof at the
same distance, and the parapet should be carried through the roof one
foot above the slating. Oak floors, capable of being cleaned by dry
rubbing, are preferable for the corridors and day rooms.

128

Plastering.

The walls of the galleries and rooms generally should be plastered.

Number of Beds in Dormitories.

IG. No associated bedrooms should be designed to contain less than
three beds.

Height of Each Story, and Dimensio7is of Rooms.

17. The general height of each story should not be less than eleven
feet. The associated dormitories should not contain less than fifty feet
superficial to each bed or patient.

Dormitories.

The separate sleeping rooms generally should be of not less than the
following dimensions, viz: nine feet by seven superficial, and eleven feet
high. Those appropriated to sick or bedridden patients should be of
somewhat lai'ger dimensions, and some of these should be provided with
a fireplace.

Size of Day Booms.

18. The day rooms, of which there should be at least one in each
ward, should contain not less than twenty feet superficial for each
23atient, and should be calculated for the whole of the patients in each
ward, exclusive of corridors or galleries.

Position of Day Booms.

19. The day rooms should be so arranged as to afford ready commu-
nication with the grounds, and those appropriated to the aged and infirm
should be on the lowermost stories. •

Attendants' Booms.

20. Eooms should be provided for two or more attendants to each
ward, and single attendants' rooms should not be of less dimensions
than one hundred and twenty feet, and whenever ijracticable, these
should be placed between two dormitories, with glazed doors of com-
munication.

Windoivs.

21. The windows of the day rooms and corridors should be large and
of a cheerful character, and every one be made to open easily, and so as
to allow a free circulation of air, but not so far as to expose patients to
danger. The wall below should not be sloped or splayed, but recessed,
to admit, if requisite, of a seat. In the dormitories and single rooms the
windows should, as a general rule, not be placed more than four feet
from the floor.

Shutters.

Sliding shutters should be provided for a majority of the single sleep-
ing: rooms.

Door.i.

22. The doors of the single rooms shouhl open outward, and be so
hunj/ that when open the}' will fold hack close to the wall.

Lavatories, Baths, and Water Closets.

23. In each ward there should be conveniences for washing the person,
a slop room containing a sink, a store room or closet, water closets, and
a bath. (In many instances the bath room may be so arranged as to be
available for two or more wards. ^ It is very desirable that all water
closets, lavatories, etc., should be placed in projections.

Infirmaries.

24. Suitable infirmaries, in the proportion of at least one tenth of the
M'hole, should be provided in which the cubical contents of the sleeping
rooms should be greater than in other parts of the building; and every
room, including the single rooms, should have an open fireplace. A
small day room in each infirmary is also desirable.

Warini?ig.

25. All the day rooms and galleries should be warmed by means of
open fireplaces, or open fire stoves, and in large rooms two fires should
be provided. Fireplaces should also be built in all associated dormi-
tories. In large rooms, such as the chapel or general dining hall, and
in the corridor, further provision for warming may be necessary by
means of some simjDle system of hot water pipes in connection Avith the
open fire stoves or fires.

\''entilation.

26. The ventilation generall}' should be provided for by means of flues
taken from the various rooms and corridors into horizontal channels
connecting wdth a perpendicular shaft, in which a fire box should be
placed for the purpose of extracting the foul air.

Smoke Fbies.

27. In all cases where descending or horizontal smoke flues are used,
they should be entirel}^ constructed of brickwork, rendered or pargetted
inside and out; and flues from any of the heating or other furnaces,
which are carried up through any of the main walls, should be con-
structed with a hollow space round them to prevent the inconvenient
transmission of heat into the building during the warm periods of the
year, and to allow of a moderation of the temperature of the building
at other periods, when, owing to a change in the atmosphere, it may
become inconveniently hot.

Ventilating Flues.

28. Whenever ventilating flues are constructed of inflamable material,
such a quartering, lathed and plastered a distance of at least twenty

130

feet from their point of connection with any shaft, furnace, rarifiying
chamber, or smoke flue, jnust be constructed entirely of brick, stone, or
other fireproof material. The rarifying chamber for ventilation,
together with the adjoining I'oof, must be entirely fireproof; and a com-
munication should be made with it by means of a slate or iron door
frame.

Drainage.

29. The best and most approved system of pipe or tubular drainage
should be adopted, with a suliicient fall, so as effectually to carry off" to
a sufficient distance from the asylum the soil and all other impurities;
and the sewerage should be collected in closed tanks, and so placed and
constructed as to render the contents available for agricultural j)urpose8.
Means of flushing should be provided.

Airing Courts.

30. The inclosed airing courts need not be more than two in number
on each side, and should be of ample extent, so as to afford projier means
for healthful exercise. They should all be planted and cultivated, and
any trees already existing within them should be preserved for shade.
The walls should be sunk in a haha.

Rainwater.

31. The whole of the rainwater from the building should be collected
in tanks suitably placed, for the purjioses of the washhouse, and if pos-
sible, at such levels as will dispense with the labor of pumping. Lead
is an objectionable material for pipes and reservoirs, as adulterating the
Avater.

Lightning Conductors.

32. Lightning conductors should be placed on thg most elevated parts
of the building, and they may be connected with the stacks of iron rain
water pipes, which in that case should be fixed so as to ansAver the double
purpose of rain water pipes and lightning conductors.

Farm Buildings.

33. Farm buildings, with suitable stables, etc., for visitors' horses,
should be provided.

iVb. 3 — Plans Required.

1. One or more sheets of the ordnance map containing the county,
borough, or district, in respect to which the asylum is to be erected, or
some other large map, in which the situation of the proposed asylum and
all the public roads and footpaths in the vicinity thereof are fully de-
fined.

Scale of 100 feet to an Inch.

2. A general plan of the land (with the block of the buildings and
offices) and of the exercise grounds, garden, and road of approach, with
the levels of the surface of the ground at the quoins of the building,
offices, and fence walls figured thereon.

Scale of 20 feet to an Inch.

.;. Plans uf the basement, ground, and each other floor of the building
and ofliecs, also of the roofs and gutters and of the principal elevation.

Scale of 10 feet to an Inch.

4. Elevation of portions of the principal front, and also of any other
parts in which any variation therefrom takes place.

Scale of 5 feet to an Inch.

5. Transverse and longitudinal sections or sufficient portions thereof
to shoAv the construction of every portion of the building.

Scale of 1 foot to one half an Inch.

G. Plan and section of one se^jarate sleeping room, dormitory, and eat-
ing or day room respectively, or of part of the same, showing the method
of warming and ventilating each; also, of the baths and Avashing rooms
and water closets, and the construction of the apparatus for each.

7. An abstract of the draft, contract, and specifications, giving a con-
cise statement of the Avhole of the inteiided work, and also a detailed
estimate of the building, and the prices at which the different materials
and workmanship have been calculated in making the estimate.

8. The thicknesses of the walls, and the scantlings of the timbers of
the floors and roofs to be figured.

9. The general system of heating and ventilation proposed to be
adopted throughout the asylum, to be full}' described in the drawings
and specifications.

10. Each plan to show the several classes and number of patients to
be accommodated in the wards, day rooms, dormitories, cells, galleries,
and airing coui-ts, respectively, to which each plan relates.

SUGUESTIOXS OF THE SCOTCH BOARD.

The following suggestions and instructions b}' the Scotch Board of
Commissioners are the only ones differing from those by the English
Commissioners :

Suggestions and Instructions in Reference to (1) Sites; (2) Construction and
Arrangement of Buildings; (3) Plans of Lunatic Asylum^; by the GommiS'
sioners in Lunacy for Scotland.

LocalHy.

(First part of description same as for England and Wales.) The
asylum should be within such distance of a town as to command the
introduction of gas, water, etc., and of one of sufficient size to afford
the means of amusement and recreation for the medical staff, the attend-
ants, and such of the patients as might derive benefit from a change in
the asylum routine.

Supply and Quality of IVater.
(First part, same as for England and Wales.) The quantity, exclusive

of rain water, Avhich should be collected in cisterns on the roof, should,
at the dryest season, he not less than forty gallons per patient per diem,
and the amount should be accurately gauged.

No. 2 — Construction and Arrangements of Buildings — Mitrance and Offices

to the North.

2. There should be no road of approach or public entrance traversing
the grounds.

The general entrance, the porter's room, the reception rooms, the
committee room, the store rooms, and the other offices should be so
placed as not to interfere with the amenity of the buildings occupied by
the patients.

Buildings for Working Patients — For Idiotic and Epileptic Patients —

Cottages.

6. (First part, same as for England and Wales.) Provision of an
equally simple and inexpensive description might also be made for a
j)ortion of the idiotic, imbecile, and fatuous patients, and also for chronic
cases; or cottages might be erected for the accommodation of a large
projDortion of the Avorking and inoffensive j^atients, who might be placed
either under the care of the families of the attendants, or of cottage
tenants of the asylum.

Position of Chapel.

8. The chaj)el should be of easy access, and it should bo capable of
comfortably accommodating at least three fourths of the patients.
(Remainder of description same as for England and Wales.)

General Dining Hall, Library, and Heading Boom.

9. A general dining hall, conveniently^ situated A'^ith reference to the
kitchen, should be provided for the patients of both sexes; and also a
library and reading room, capable of serving for the general purposes of
instruction and recreation.

Arrangement of Day Booms and Dormitories.

12. Passages of communication of moderate width should be" adopted
in lieu of Avide corridors, and the day rooms and dormitories should be
placed on one side, and to the south. Under certain circumstances
the day rooms and dormitories may occupy the Avhole breadth of the

building.

Cottages.

32. The cottages, if adopted, should be of different sizes, each calcu-
lated to accommodate from three to fiA^e j)atients, in addition to the
family of the occupier. The male patients should be placed either in
single rooms or in dormitories for three or four, and each cottage should
contain a water closet.

Farm Buildings.

33. Farm buildings, with suitable stables, etc., should be provided, and

133

also workshops, suitable for the employment of the patients according
to the prevalent occupations of the district.

English Commissioners on Si~e of Hospitals.

The English Commissioners of Luuac}' are of opinion that an asylum
to contain four hundred to five hundi*ed patients is the best size, but
that on an emergency they may be enlarged to contain six hundred to
seven hundred patients without sacrificing the special characters which
all modern asylums should possess. When there are more than seven
hundred patients, the expenses increase, and all individual treatment
vanishes. The Superintendent can only know the patients en masse, and
not individually, and the establishment grows out of effective super-
vision, although the number of attendants may be increased. This
opinion may be found in the rej^orts of the Commissioners again and
again stated during the last ten years. Thus, in eighteen hundred and
fifty-seven they state:

"It has alwaj's been the opinion of this Board that asylums beyond
a certain size are objectionable. They forfeit the advantage — which
nothing can replace, whether in general management or the treatment of
disease — of individual and responsible supervision. To the cure and
alleviation of insanity few aids are so important as those which may be
derived from vigilant observation of individudl peculiarities; but where
the patients are so numerous that no medical officer can bring them
within the range of his personal examination and judgment, such oppor-
tunities are altogether lost, and amid the workings of a great machine
the physician, as well as the patient, loses his individuality. When to
this also is added, what experience has of late years shown, that the
absence of a single and undivided responsibility is equally injurious to
the general management, and the rate of maintenance for the i^atients
in the large buildings has a tendency to run higher than in buildings of
a smaller size, it would seem as if the only tenable plea for erecting
them ought to be abandoned. To the patients, undoubtedly, they bring
no corresponding benefit. The more extended they are, the more
abridged become their means of care; and this, which should be the first
object of an asylum, and by which alone any check can be given to the
present gradual and steady increase in the number of pauper lunatics
requiring accommodation, is unhappilj^ no longer the leading character-
istic of Colney Hatch or Hanwell."

The Scottish Commissioners are equally opposed to large asylums.
They consider that no asylum should contain more than three hundred
and fifty patients; that the individual treatment of a larger number is
impossible; and that cost increases with anything above that number.
These opinions they repeatedly expressed in their various reports.

M. Parchappe, lately Inspector of Asjdums in France, says:

"After taking every consideration into account, I think the minimum
of patients ought to be fixed at two hundred, and the maximum at four
hundred. Below two hundred the economical advantages rapidly decline
without compensatory benefit; above four hundred, although the
economical advantages augment, it is at the detriment of the utility of
the institution in its medical character."

134

M. Guislaiu, the eminent Belgiun authority, in his largo work on
insanity, which is quoted by Doctor Arlidge, says:

"It would be absurd to bring together, in the same ])lace, a very large
population. It would tend to foster an injurious degree of excitement,
would render the management difficult or impossible, Avould destroy the
unity of plan, and neutralize all scientific effort. The maximum number
ought not to exceed three hundred or thi-ee hundred and fifty insane
persons."

Doctor Arlidge, in his work on " The State of Lunac}'," mentions the
opinions of Eoller and Damerow — two of the most eminent of German
alienist physicians — on this subject, both of whom consider that asylums
for acute cases should be limited to two hundred and fifty, but that those
for both acute and chronic cases may admit from four hundred an'd fifty
to five hundred inmates, but no more; and at page one hundred and
eighteen states his own opinion that six hundred " represent the maxi-
mum which can economically and with just regard to efficient govern-
ment and sujiervision, and to the interests of the patients, be brought
together in one establishment."

OBSERVATIONS ON FOREGOING PROPOSITIONS.

We have preferred the suggestions of associations and the recom-
mendations of bodies of men high in authority to anything we might
have said on these subjects, for the reason that they will be justly
regarded as the results of wisdom and experience, worthy of attention
and thoughtful consideration; whereas the same suggestions from us
might be considered as the exjsression of individual opinion, carrying
with it no weight of authority. The good of the cause is what we desire
to promote, and for this reason have not hesitated in any instance to
make free use of the ideas or words that the wisdom of others have
given to the world. With no experience of our own, we have endeavored
to carry out the instructions of our mission — to collect, compile, and
report the result of other men's experience. We have, of course,
exercised our own judgment in drawing conclusions, after listening to
the arguments and observing the particular operations of theories; and
all of our deductions have been made upon this basis. When we say,
therefore, that the next asylum should be established for the accommo-
dation of the City of San Francisco and the counties around the Ba}^,
and on this account should be located in that vicinity, we are only carry-
ing out the ideas of others, and obeying a law of common sense and
universal experience; and w^hen we suggest that another asylum will be
necessary in the northern and still another in the southern portion of
the State, ere many years shall have clasped, it is in obedience to the
dictates of the same ideas and natural laws. It will be seen from the
foregoing suggestions that the English Board of Commissioners in
Lunacy regard hospitals that will accommodate 'from four to six hun-
dred as the best size for the pauper class of patients; while in Scotland,
■" owing possibly to the fact that both private and pauper patients are
more generally received in the same asylums than in England, the Board
expressed the opinion that three hundred and fifty should constitute the
largest number that could be properly accommodated in one institution.
The best authorities at this time in France, Germany, Switzerland, Italy,
and Belgium have placed the limits at four hundred,i^and in the United

135

States, until very recently, the Superintendents, in their collective
capacity, declared that two hundred and tifty should never be exceeded.
But in eighteen hundred and sixty-six they so far moditied this
expression as to say that under certain peculiar circumstances the
number might be carried to the extent of accommodating six hundred
patients.

This concession was made, as we have been informed by most of those
giving their consent to its utterance, more to what seemed to be a
necessity, than from convictions of propriety, most of them still adher-
ing to the correctness of the original deeluration — such too, as will be
seen from the Massachusetts Eeport on Insanity and Idioc}', page one
hundred and thirtj'-four, a copy of which will be found in our" State
Librar}', was the opinion of most of the Medical Superintendents in
Europe and America at the time that report Avas Avritten.

PRESENT CUSTOM IN ALL COUNTRIES.

Notwithstanding the modifications that have been made in this respect,
and notwithstanding the further fact that most of the asylums being
erected at the present time are intended for the accommodation of from
four hundred to six hundred, both in the Old World and the New, our
observations of the practical workings of asj'lums of all sizes, compels
the conviction that all things taken into consideration the smaller num-
ber— two hundred and fifty — is the best; and that under no circum-
stances should this number be exceeded under one roof. If this should
be deemed too small, it might with propriety be supplemented by addi-
tional separate buildings for the accommodation of one hundred and fifty
more; one with a capacity for fifty patients of the convalescent class, for
both sexes, and two others of equal size — one for the inoffensive and
quiet males, who may or may not labor on the farm, in the garden, or
shops, and the other for females of the same class, who may work in the
laundry or sewing room. Such buildings may be seen at many of the
asylums in England and Scotland, as well as on the Continent, and are
not only pleasant features, but are considered of so much value in the
treatment of the patients, and the general management of the asylums,
that we were assured by the Superintendents that they would not dis-
pense with them on any account. They are by no means uniform in
the proportions which they accommodate, nor as to the classes we have
specified above. They are usually more cheaply constructed than the
main buildings, and free from the grated or barred windows and other
necessary arrangements made use of in the main building as precautions
against escape or injury. They are warmed by open fireplaces, and are
surrounded by their own little gardens, redolent with flowers and beau-
tified with shrubs cultivated by the patients. Of course they are never
left to themselves, as it is a universal law that no ward of a hospital
should, under any circumstances, be left without an attendant, even for
a short time; otherwise serious accidents might be the result.

DINING HALLS IN EUROPEAN ASYLUMS.

In Great Britain and Ireland, as well as on the the continent, the pa-
tients take their meals in a common dining hall, the males occupying
seats on one side the hall and the females on the other. When the num-
bers are too great for this arrangement to be practicable, two dining-^
halls are provided, one for either sex, and are situated on either side of

136

the kitchen. At Neweastle-iipou-Tyne they not only dine in the game
hall, but sit where they please; and it was interesting to observe that
while the first tables on the female side of the room were occuj)ied
exclusively by them, and so with the males on their side, that the next
set of tables had a sprinkling of the opposite sex, and so on till the cen-
tre tables were reached, which were occupied by about an equal number
of either sex. Doctor Wickham informed us that this was always the
case, and that he had never experienced the least excitement or trouble
on this account. For these reasons the patients occupying the detached
buildings of Avhich we have spoken resorted to the common dining halls
for their meals, with the exception of the convalescent patients, who
were in some instances provided with meals in their own establishment.

ASYLUM SHOULD NOT BE ENLARGED.

When an asylum of this size has received its intended complement,
instead of building still further additions, another should be established
in another district of the State, where the population most strongly indi-
cates its need, whether at some other point upon the Bay — should San
Francisco still continue to pour its hordes into the new asylum as it has
done into the old — or in some more distant part of the State, in the
great north or the mild and genial south, must be deternjined by the
condition of things as they may exist at the time. Of one thing we are
positively certain, that so long as the habits of our people remain as
they have been; so long as the proportion of the foreign population
remains the same; so long as the causes of insanity remain unchanged,
just so long will insanity continue to be produced and hold its present
ratio to the inhabitants of the State.

ONE INSANE TO POUR HUNDRED AND FIFTY OR FIVE HUNDRED PERSONS.

We may as well make up our minds now as at any future time that
every community of four hundred and fifty or five hundred persons will
have to support or provide for the treatment and care of ^ne insane per-
son. When this becomes to be a recognized fact among the people, the
whole subject will have been stripped of more than half its difficulties
and embarrassments, the system for Avhich we have labored will have
been established, and the just and regular provision for the insane will
be made for their support, as it is now for the common schools or the
ordinary and inevitable expenses of the State Government. Until this
has been accomplished the constantly recurring and ever renewing ques-
tion of provisions for the insane will be brought before our Legislature,
to occui^y its time and perplex its members.

ASYLUM AT STOCKTON OVERCROWDED.

But there is another question that must not be overlooked, in our so-
licitude for the establishment of a new asylum, and which is a matter of
equal concern. It is the present crowded condition of the asylum at
Stockton. With accommodations for not more than six or seven hundred
patients, there are packed in its wards about eleven hundred — or four
hundred more than it can properly accommodate. Doctor Shurtleff" tells
us in his report, "that beside two patients in the rooms intended for but
one, in eight out of the eleven wards, two hundred and twenty-seven
patients are sleeping on beds nightly prepared for them in the halls."

137

Two of those wards, the second and tenth, intended for thirty patients
each, now have about eighty each. These wards are poorly ventilated,
low, and uncomfortable in the extreme, and should be erased from the
face of the earth and the memory of man. They never were fit recep-
tacles for any human being, and have been tolerated altogether too long.

INCREASED MORTALITY.

To the crowded condition of these wards and the hospital generally
must be attributed the increased mortality of the last four years; and
should it be our misfortune, which God forbid, to«be visited with cholera
or other epidemic, there is no place to which these patients could possibl}^
be removed, and they would consequentl}' be swept away like sheep with
the rot. Let any member of the Legislature visit these wards at bed-
time, and if he does not conclude that it is a sin and a shame not to do some-
thing for their immediate relief, we will be willing to acknowledge that we
ourselves have lost our reason and our heart, and a fit subject for the
very wards that we bave described, or that he himself is in such condi-
tion; for no two sane men could ever agree to the policy of "doing
nothing," after having visited them.

How Dr. Shurtleff and his assistants have managed to get along so
well, under the disadvantages with which they have been constantly
beset, is a matter of wonder and surprise, and the untiring energy
and constant watchfulness that has been displayed by them are wor-
thy of the highest commendation, as well as the gratitude of the com-
munity at large.

NEW BUILDINGS SHOULD BE TINISHED.

The new" building at Stockton is of the most creditable character, and
when completed would be considered a first class asylum anywhere in
the world; indeed, with a few modifications, we know of none that
would be better suited to the climate in which it is located. The press-
ing demands for further and immediate room, make it of the greatest
importance, nay, an absolute necessity, that it should be completed by
the immediate construction of the north wing, and thus finish the work
that has been too long delayed. It is not necessary to stop to discuss
the question as to whether Stockton is or is not the proper place for the
location of an insane asylum. One has been located there, and has been
in successful operation for the last twenty years. It could not be
removed, even if such an event were desirable. We therefore heartily
indorse all that Dr. Shurtleff has said with regard to the necessities of
the institution over which he has so long presided, with such marked
ability and success.

OTHER PROVISIONS NEEDED.

The strongest reasons and the plainest motives of sound policy would
indicate the propriety of providing for the improvements at Stockton,
and for a new asylum in the same bill. The past experience of Doctor
Shurtleff", aided by his Board of Trustees, would insure the completion
of the work there in the shortest time and best manner; when it would
only remain for the Governor or the Legislature to make a judicious

138

selection of the men who are to choose the site, decide upon the plan,
superintend the erection of the new building, and control its subse-
quent management.

COMMISSIONERS.

As great power is commonly j)laced in the hands of these individuals,
it will readily be understood how important it is that they should bo
men of high character, stri,ct integrity, active benevolence and business
habits. They should be willing to inform themselves of the character
and responsibility of the high trust confided to them, and should heartily
avoid taking any step that might mar to a greater or less extent the
usefulness of the institution as long as it may exist.

SITE.

Great caution should be observed in the selection of a site, as the best
style of building and most liberal organization can never compensate
for the loss sustained by a location that deprives the ji^tients of valuable
privileges, or subjects them to annoyances; nearness to manufacturing-
establishments, houses of correction, penitentiaries, or other public insti-
tutions calculated to disturb the quiet or unpleasantly affect the mind
of the patients should be esjiecially avoided. Great stress is laid ujJon
all of these matters both by the Commissioners of England and the
Superintendents of our own country. As has been observed by Doctor
Kirkbride, than whom no better authority can be found: " It is now
well established that this class of hospitals should always be located in
the country not within less than two miles of a town of considerable
size, and they should be easily accessible at all seasons. They should,
if possible, be near turnpikes or other good roads, or on the line of a
railroad. While two or three miles from a town might bo named as a
good distance on the former, the facilities afforded by a railroad might
make ten or twelve miles unobjectionable; for it is the time spent in
passing and ease of access that is most important. Proximity to a town
of considerable size has many advantages, as in procuring supplies,
obtaining domestic help, or mechanical workmen, and on account of the
various matters of interest not elsewhere accessible to the patients. In
selecting a site, facility of access from the districts of country from
which the patients will be ijrincijjally derived should never be over-
looked."

SHOULD BE IN A HEALTHY LOOALITY.

The building should be in a healthful, pleasant, and fertile district of
country; the land chosen should be of good quality and easily tilled; the
surrounding scenery should be of a varied and attractive kind, and the
neighborhood should possess numerous objects of an agreeable and inter-
esting character. While the hospital itself should be retired, and its
privacy fully secured, it is desirable that the view from it should exhibit
life in its active forms, and on this account stirring objects at a little
distance are desirable. Eefcrence should also be made to the amount of
wood and tillable land that may be obtained, to the supply of water, and
to the facilities for drainage, and for inclosing the pleasure grounds.

QUANTITY OF LAND NECESSARY.

While it is the duty of the State to provide for and take care of every

13t>

citizen who inny be afflicted with iiisanit}-, on the other hand it is no
more than right that they shouhl make the burden as light as possible;
and although we do not believe in making patients work for the profits
of their labor, yet when they have been accustomed to labor on the
farm, in the garden, or in shops at home, and when they are well enough
to perform this labor at the asylum, not only without detriment but with
advantage to their healtli and improvement in their mental condition, it
should be exacted from them; the Superintendent in all cases being the
judge as to the results. In most of the asylums in our country too little
employment is given to the body, and too little occupatioJi to the mind,
to prevent a state of ennui that naturally follows the occupation ''of
doing nothing."

Many cannot labor for medical reasons; others, on account of previ-
ous occupations and jjrofessions, have not been taught to labor, and
require other forms and methods of emj)loyment; yet all in whom there
exists no special reason contraindicating it should be employed in some
way during a portion of every da}'.

Hence every State Asylum should have at least half an acre of land
for each patient intended to be accommodated, not only for farming and
gardening purposes, but for pleasure and exercise grounds as well, as
the latter are the most beautiful and attractive features of every asylum
where they exist, and in which the English Asylums especially, so far
excel those of all other countries as a rule, and those in our country
more particularly, where this feature has been too much neglected.

t>upply of Wafer.

An abundant supply of good water is one of the necessaries of every
hospital, and should be secured wdiatever may be the cost or trouble
required to Effect it. A very extensive use of baths is among the most
important means of treatment, and the large number of water closets
that are indispensable in the wards, the great amount of washing that is
to be done, as well as various other ai'rangements requiring a free use
of water, and above all, abundant means for extinguishing fire, in case
such an accident should occur, make it of the utmost importance that
the supply should be permanent and of the most liberal kind.

The daily consumption for all purposes in an institution for two hun-
dred and tifty patients will not be much, if any, less than ten thousand
gallons, and tanks to contain more than this amount should be placed in
the dome, or highest part of the building.

Drainage.

All the drainage should be under ground; and in selecting a site, facil-
ities for making this very important arrangement should never be over-
looked. All the waste water from the kitchen, sculleries, baths, water
closets, etc., should be carried off beneath the surface, and to such a
distance as will prevent the possibility of its proving an annoyance to
the hospital.

All the entrances to the culverts should be trapped, and the culverts
should be made so large and with such a descent as will obviate all risks
of obstructions. If the rain water from the roof and the surface drainage
are taken in another direction, that from the hospital may be made to
add greatly to the fertility of the farm; but it is much better to carry
all off through the same culvert and lose this advantage, than incur the

140

slightest risk of having the air in the vicinity of the hospital contami-
nated by these fertilizing arrangements.

Inclosures.

It is desirable that the pleasure grounds and gardens should be securely
inclosed, to protect the patients from the gaze and impertinent curiosity
of visitors, and from the excitement occasioned by their presence in the
grounds.

This inclosure should be of a permanent character, about ten feet
high, and so located that it will not be conspicuous, even if it is at all
visible from the building. The site, as well as the position of the building
on it, should have some reference to this arrangement. If sufficient ine-
qualities of surface exist, the walLor fence, as it may be, should be placed
in the low ground, so as not to obstruct the view; but if the country is
too level to admit of this, the same end may be attained by placing the
wall in the center of a line of excavation of sufficient depth to prevent
its having an unpleasant appearance, and yet be entirely etfective.
Although the first cost of a wall will be about double that of a fence of
the proper kind, still, its durability and greater efficiency in every re-
spect will make it cheaper in the end. The amount of land thus inclosed
should never be less than thirty acres, while forty or even fifty acres
will be a more desirable amount, so that the pleasure grounds of the
male and female patients, which, as before observed, should be entirely
distinct, may be sufficiently extensive. Important as I regard the per-
manent inclosure of extensive pleasure grounds and gardens, in the
manner suggested, as protecting the patients from improper observation,
keeping out intruders, enlarging the liberty of the insane generally,
securing various improvements from injury, and permitting labor to be
used as a remedy for more patients than could otherwise be done, still it
is proper to add, that high walls around small inclosures, and in full
view from the buildings, are even less desirable than a simple neat railing,
which would neither keep determined visitors out nor active patients in.
The first of these objects — keeping the public out — it must not be for-
gotten, is the prominent one thought of in recommending a wall to be
placed around the pleasure grounds of a hospital. The presence and
watchfulness of intelligent attendants must still be the grand reliance
to prevent the escape of patients, and I regard any arrangement that
does away with the necessity of constant vigilance undesirable about a
hospital for the insane.

Patients' Airing Courts.

Although it does not seem to me desirable to have a large number of
private yards in immediate connection with a hospital for the insane, it
will still be found convenient to have two for each sex, of a large size,
well provided with brick walks, shade trees, and such other modes of
protection from the sun and weather as may be deemed useful. These
yards enable many patients, who at certain periods wish to avoid the
greater publicity of the grounds, to have the benefit of the open air, and
to take exercise at hours when the attendants cannot conveniently leave
the wards; but most of the patients should have a more active and
longer continued kind of exercise than these yards afford. They should
look to the walks in the open fields and about the grounds, Avhich can
readily be made a mile long for each sex for their principal exercise.

141

Four tifths of all the patients Avill, under proper regulations, be able to
take -walks of this kind for at least a coui)lo of hours, morning and
afternoon, at all seasons; and in Avarm weather, when proper summer
houses and seats are provided, they may thus profitably spend one half
the entire day in the open air. It is always mueh better for patients to
be comfortably seated in a pleasant parlor or hall at any season of the
year than to be lying on the ground, or otherwise soiling their clothes,
and exposing themselves to the risk of taking cold, as is very apt to be
the case when certain classes are allowed to consult their own pleasure
as to the mode of passing their time while in the small yards adjoining
the building.

Size of the Building.

A suitable site having been selected, it will next become necessary to
decide upon the size of the institution. Whatever difference of opinion
may have formerly existed on this i)oint, I believe there are none at
present. All the best authorities agree that the number of insane con-
lined in one hospital should not exceed two hundred and fifty, and it is
very important that at no time should a larger number be admitted than
the building is calculated to accommodate comfortably, as a crowded
institution cannot fail to exercise an unfavorable influence on the welfare
of its patients. The precise number that may be properly taken care of
in a single institution will vary someAvhat, according to the ratio of
acute cases received, and of course to the amount of personal attention
required from the chief medical officer. In State institutions, when full,
at least one half of all the cases will commonly be of a chronic char-
acter, and require little medical treatment. Even when thus propor-
tioned, two hundred and fifty will be found to be as many as the Medical
Superintendent can visit proj^erly every day, in addition to the perform-
ance of his other duties. AVhenever an existing State institution built
for two hundred and fifty patients contains that number and does not
meet the Avants of the community, instead of crowding it, and thereby
rendering all its inmates uncomfortable, or materially enlarging its
capacity by putting up additional buildings, it will be found much better
at once to erect an entirely new institution in another section of the
State, for under any circumstances the transfer of acute cases from a
great distance is an evil of serious magnitude, and constantly deplored
by those who have the care of the insane.

Position, Form, and General Arrangements.

The size of the building having been determined, its form and general
arrangements Avill next require attention; and no plan, however beauti-
ful its exterior may appear, nor how apparentl}^ ingenious its interior
may seem, should be adopted without having been first submitted to the
inspection and received the approval of some one or more physicians who have
had a large,practical acquaintance with the insane, and who are thoroughly
familiar with the details of their treatment, as well as Avith the advan-
tages and defects of existing hospitals for their accommodation. So
different from ordinary buildings or other publi^ structures are hospitals
for the insane, that it is hardly possible for an architect, however skill-
ful, or a Board of Commissioners, however intelligent and well disposed,
unaided to furnish such an institution with all the conveniences and
arrangements indispensable for the proper care and treatment of its pa-
tients. No desire to make a beautiful and picturesque exterior should

142

ever be allowed to interfere with the internal arrangements. The inte-
rior should be first planned, and the exterior so managed as not to spoil
it in any of its details.

A hospital for the insane should have a cheerful and comfortable appear-
ance; everj^thing repulsive and prison-like should be carefully avoided,
and even the means of effecting the proper degree of security should be
masked, as far as possible, by arrangements of a pleasant and attractive
character. 'For the same reason the grounds about the building should
be highly improved and tastefully ornamented; a variety of objects of
interest should be collected around it, and trees and shrubs, flowering
plants, summer houses, and other pleasing arrangements should add to
its attractiveness. No one can tell how imjjortant all these may prove
in the treatment of patients, nor what good effects may result from first
impressions thus made upon an invalid on reaching a hospital — one who,
perhaps, had left home for the first time, and was looking forward to a
gloomy, cheerless mansion, surrounded by barren, uncultivated grounds,
for his future residence, but on his arrival finds everything neat, tasteful,
and comfortable.

JSTor is the influence of these things on the friends of patients unim-
portant. They cannot fail to see that neither labor nor expense is spared
to promote the happiness of the patients, and they are thus led. to have
a generous confidence in those to whose care their friends have been
intrusted, and a readiness to give a stead}^ sujDport to a liberal course of
treatment.

Great care should be observed in locating the building, that every pos-
sible advantage may be derived from the views and scenery adjacent,
and especially from the parlors and other rooms occupied during the day.
The prevailing winds of Summer may be also made to minister to the
comfort of the inmates, and the grounds immediately adjacent to the
hospital should have a gradual descent in all directions, to secure a good
surface drainage.

PROPOSITIONS RELATIVE TO THE ORGANIZATION OF HOSPITALS EOR THE

INSANE. •

I. The general controlling powers should be invested in a Board of
Trustees or Managers; if of a State institution, selected in such manner
as will be likely most eftectually to protect it from all influences con-
nected with political measures or political changes; if of a private cor-
j)oration, by those properly authorized to vote.

II. The Board of Trustees should not exceed twelve in number, and
be composed of individuals possessing the public confidence, distin-
guished for liberality, intelligence, and active benevolence, above all
political influence, and able and willing faithfull}^ to attend to the duties
of their station. Their tenure of oflice should be so arranged that Avhen
changes are deemed desirable the terms of not more than one third of
the whole number should expire in any one year.

III. The Board of Trustees should appoint the Physician, and, on his
^nomination, and not otherwise, the Assistant Physician, Steward, and

Matron. They shoul^, as a Board, or by committee, visit or examine
every part of the institution at frequent stated intervals, not less than
semi-monthly, and at such other times as they may deem expedient, and
exercise so careful a supervision of the expenditures and general oi3era-
tions of the Hospital as to give to the community a proper degree of
confidence in the correctness of its management.

143

IV. The Phj-sicinn should be the Superintendent, and chief executive
officer of the establishment. Besides being a m'cU educated ph^'sician,
he should possess the mental, physical and social qualities to tit him for
the post. He should serve during good behavior, reside on or very
near the premises, and his compensation should be so liberal as to enable
him to devote his whole time and energies to the welfare of the Hospital.
He should nominate to the Board suitable persons to act as Assistant
Phj-sician, Steward, and Matron. He should have entire control of the
medical, moral, and dietetic treatment of the patients, the unrestricted
power of appointment and discharge of all jJersous engaged in their
care, and should exercise a general supervision and direction of every
department of the institution.

V. The Assistant Physician, or Assistant Physicians where more than
one are required, should be graduates of medicine, of such character
and qualitications as to be able to represent and to perform the ordinary
duties of the Phj'-sician during his absence.

VI. The Steward, under the direction of the Superintending Physi-
cian, and by his order, should make all purchases for the institution,
keep the accounts, make engagements with, jiay, and discharge those
employed about the establishment, have a supervision of the farm,
garden, and grounds, and perform such other duties as may be assigned
him.

VII. The Matron, under the direction of the Superintendent, should
have a general supervision of the domestic arrangements of the house,
and, under the same direction, do what she can to promote the comfort
and restoration of the jjatients.

VIII. In institutions containing more than two hundred jDatients, a
Second Assistant Pliysician and an Apothecary should be employed; to
the latter of whom other duties, in the male wards, may be conveniently
assigned.

IX. If a chaplain is deemed desirable as a permanent officer, he should
be selected by the Superintendent; and, like all others engaged in the
care of the patients, should be entirely under his control.

X. In every asylum for the insane there should be one supervisor
for each set, exercising a general oversight of all the attendants and
patients, and forming a medium of communication between them and
the officers.

XI. In no institution should the number of persons in immediate
attendance on the patients be in a lower ratio than one attendant for
every ten patients; and a much larger proportion of attendants will
commonly be desirable.

•XII. The fullest authority should be given to the Superintendent to
take every precaution that can guard against fire or accident within an
institution, and to secure this an efficient night watch should always be
provided.

XIII. The situation and circumstances of different institutions may
require a considerable number of persons to be employed in various
other positions; but in every hospital, at least all those that have been
referred to, are deemed not only desirable, but absolutely necessary to
give all the advantages that may be hoped for from a liberal and enlight-
ened treatment of the insane.

XIV. All persons employed in the care of the insane should be active,
vigilant, cheerful, and in good health. They should be of a, kind and
benevolent disposition; be educated, and in all respects trustworthy;

144

and their compensMtion ehould be sufficiently liberal to secure the ser-
vices of individuals of this description.

COMMENTS ON KIRKBRIDE's VIEWS.*

The foregoing views of Doctor Ivirkbride on some of the most impor-
tant of the many subjects connected with hosjjitals for the insane, their
location, site, and organization, should be carefully considered. No
man in America is better or more favorably known, and but few have
had so successful a career or so large an experience. His opinions have
been accepted b}'' all as the best authority, and if not alwaj's concurred
in, certainly always command attention. If we have imbibed some of
his ideas it may not be regarded as strange or unexpected, since they
are supported by reason and confirmed by experience. Others more
experienced and able than we are have done likewise. If we differ with
him on some points of importance, it is because other men of abilitj^
have impressed us with their views, and our observations have led us to
different conclusions. We think, for instance, that no Board of Trustees
for the management of an asylum should consist of more than seven
members — five being still better than seven. Small Boards seem to be
more efficient than large ones. They do not leave matters so much to
each other, and thus neglect their duties. We believe that detached
buildings for the j^urposes that we have suggested are desirable features
in an asylum; he does not. But ip most of his views we heartily concur,
and only regret they are not as well known by the peoi3le as by the
profession. Let us hope, at least, that they may be carefully weighed
and duly considered by our legislative committees and Boards of Com-
missioners. The subjects of ventilation, warming, lights, water closets,
comparisons between the asylums of different countries, and many other
matters of more or less interest, have been so completely and minutely
noticed and discussed by Doctor Manning, and his conclusions ordina-
rily so just as to challenge our approval on most subjects, that we are
induced to incorporate the following sketch of his able and interesting
report into our own.

CHAPTEE X.

INSANE ASYLUMS— DO CTOK MANNING'S llEPOET.

Synopsis of Doctor Manning's Eeport— Comments upon tlie same.
SYNOPSIS OP DOCTOR MANNING'S REPORT.

Doctor Manning commences his report, made in eighteen hundred and
sixty-seven, to the Government of New South Wales, by considering
^^ briefly the various existing methods of providing for the insane, which
he divides into five classes:

Ist. Indigent — supported mainlj^ or w^holl}' by local or General Gov-
ernment.

•a Jf OTB. — See Kirkbride on Hospitals for the Insane.

145

2J. Non-pauper — supported by friends or from their o^nti estates.

3cl. Criminal.

4th. Idiots.

5th. Inebriates,

He speaks first of the provision made for them in private dwellings,
especially in Eiighmd, SeoLhmd, France, and Bcl<,num; thinks that even
in .Scotland, Avhere there are peculiar advantages (from the character
and sparseness of population) ibr this method of treatment, the fact that
the number of insane thus accommodated has steadily diminished since
the visitations of the Board commenced, is worthy of note; and alludes
to the evils of this method (see p. 9). In a new country such a plan is
altogether impracticable. Describes Gheel (pp. '9 to 14).

Next treats upon farm asylums, and describes Clermont (p. 15), and in
conclusion says: "A full examination of the system of farm asylums
shows that it is 'economical, and calcuh^ted to promote the comfort and
happiness, and be beneficial to the mental health of the inmates."

Next, close asylums; speaks of the poorhouse wards, and quotes from
Doctor Willard, of their miserable condition in the United 8tates; then
contrasts them with the State asylums; considers it "remarkable that
proprietary asylums for pauper patients are unknown in America."

Page 22 — Describes general construction and organization of asylums
for paupers.

1. Elevation of position;

2. Aspect;

3. Distance from town.

Table of amount of land owned and cultivated by several asylums, p. 25.
Before treating of asylum construction, considers the two questions:

1. Separation of the acute and chronic cases;

2. The size of asylums.

Arguments for and against separation are presented on pages twenty-
eight to twenty-nine. Dr. Manning says : " Upon the whole, it must be
considered that the balance of argument is strongly in favor of one asy-
lum, to contain both classes in such j^roportion as they occur in each
district."

In regard to size, he saj^s: " For the new institutions on the continent,
wherever placed, the maximum number is fixed at six hundred; and in
many cases a much smaller size is preferred;" then presents two tables
(p. 30) of asylums in England and of a few in Scotland, France, Ger-
many, and United States, showing number of patients and rate of main-
tenance.

Treats of Construction under four heads:

Form of building;

Number of stories;

Material;

Architecture.

Form — 1. Corridor, or ward form;

2. House form;

3. Block, or piavilion form;

4. Cottage form.

liis objections to the corridor form are "that the asylum is spread over
an immense area, is costly in construction from the immense length of
corridor and roofing required, and from the absence of all those social
and domestic arrangements which characterize an English home."

146

The advantages of the house form are "that the condition of the
patient is assimilated to that of ordinary life by the separation of the
sleeping accommodation from that required for the duties and employ-
ments of the day, the supervision of the patients by -the attendants is
more complete, ventilation is more easy, since the windows and doors
of the sleeping rooms from which the jDatients ai'e removed can be kept
fully open all day, and those of the day rooms, all night; Avhilst the
cleaning, always a matter of difficulty in the ward plan, is rendered easy
from the fact that the floors are in use at tlifferent times."

The block or pavilion plan is " a still further develoiDment of the house
plan."

" As supplementing an ordinary asylum, the cottage system has worked
admirably, but when fully employed the system has not, on the whole,
been found to answer. The inconveniences which havg been felt in this
arrangement have been chiefly from difficulties of sujDcrvision owing to
the large space over which the asylum extends. The best Ibrm of
cottages, whether for a complete asylum or as adjunct to an existing
institution, are the ' conjoined cottages ' designed by 3Ir. Stack and
Doctor Campbell, at the Essex Asylum," (see p. 33 for descriptio^i, and
App. G, Nos. 10 and 11 for plans.)

Page 34 — Water supply. This inquiry includes:

1. The source and mode of supply;

2. Quantity;

3. Storage;

4. Precaution against fire.

As supplementary to this question are considered arrangements for
the cleanliness of patients:

1. Baths;

2. Lavatories;-

3. Sinks;

Their situation, material and fittings, and their number. The propor-
tion of baths in English and American Institutes, about one to twenty
patients; on the Continent, less.

Page 38 — Drainage. ^

Page 45 — Warming, by:

1. Open fires;

2. Hot air;

3. Hot water;

4. Steam.

Page 47 — Lighting:

1. Windows;

2. Lamps.

Examining windows is noted:

1. Position and proportion to loall space:
•2. Matericd and method of opening;

3. Size of panes;

4. Guards and accessories, as shatters, etc.

Page 52 — Ventilation, either artificial — by propulsion or extraction; or
natural — by doors, windows, and fireijlaees only, or by openings in addi-
tion to these.

Doctor Manning says; "it is noteworthy also that those with windows,
doors, and fireplaces only, and those with the more simple accessories in
addition to these, seem as well ventilated as those in which there is an
elaborate arrangement of ventilating shafts."

147

Page 54 — Cubic space. — In the new asylum at ^fadras fifteen hundred
cuhic feet is the space tixed for European jjatieiits.
Day and night acconunodatiou:

1. Day or sitting rooms.

2. Dining rooms.

3. Dormitories.

4. Airing grounds.

Considers the question of single rooms or common dormitories quite an
important one. It is universally agreed that violent, noisy, dirty
patients should be accommodated in single rooms, but it by no means is
decided what pro2)ortion of patients it is necessary to isolate thus.

Page 59 — Floorings, fittings, and furniture of rooms.

Page G4 — Staircases and stairs, bells.

Page 65 — Treats of the different provisions iiiade in asjdums for co7i-
valescents and quiet' patients, for the sick and infirm, and for the violent and
e.rcited. " The proj^ortion of violent patients for which provision is gen-
erally made \voiild ai)pear to be about one tenth."

Kitchens, laundrj-, chapel, dead-house and cemetery, amusement room,
library, are each considered separately in turn, followed by a brief
notice of the provision made for emploj'os of all classes.

Page 75 — Organization and government, which Dr. Manning considers
"even of greater importance than asylum construction;" reviews briefly
the method in use in difl'erent countries, and concludes:

' " On examining closely the general condition of asylums, those are
almost always found to be best managed in which the physician is the
Superintendent, one and supreme; in which the committee of visitors act
only through him and with his advice, and in which the appointment
and dismissal of all attendants are delegated to him; and those are found
to be least satisfactory in which the responsibility is divided; in which
the committee of visitors or controlling Board meddle in the internal
management of the institution, and direct, themselves or through other
officers, any part of it, appoint or dismiss attendants, or clip in any way
the authority of the Medical Superintendent."

Page 80 — Gives a table of the salaries of Superintendents in some
English asylums and the number of assistants.

Then follows a consideration of each of the classes of subordinate
employes.

Page 84 — Table of proportionate number of attendants to patients in
the principal asylums of England, France, Germany, Holland, and the
United States. Ages of attendants (in English asylums), from eighteen
to thirty-five; generally deemed advisable that they should not be under
twenty-one. Discusses the desirability of placing attendants in uniform,
but expresses no decided opinion. Diet of attendants and the privileges
allowed them follows.

Page 88— Artisans and servants.

Page 91 — Hospital dietary, followed by considerations as to clothing
of patients; next, labor — several tables relative thereto being given;
then follows amusement and school; classification of patients; animals^
kept at asylums; system of supply (commissariat); provision for relief
of patients on discharge; asylum reports.

Page 108 — Statistics.

Page 116 — Eestraint and seclusion. — Doctor Manning quotes from
Doctors Bucknill, Wilkes, Ewerts, Meyer, Kirkbride, and Gray, and

148

shows the practice in many asylums. lie says: "During the last few
years there has been a certain reaction in the feelings of Superintendents
of asylums on this subject. In quite half of the asylums visited,
although restraint was not practiced, its advantage in certain cases was
distinctly admitted, and it does not now meet with the all but wholesale
condemnation which was accorded to it some few years ago." After
speaking of the use of the shower bath, he concludes as follows:

"It is not a little curious that owing more or less to popular clamor,
and to a fear of the abuses to which they are liable, mechanical restraint
has been virtually abandoned in (liroat Britain, and the shower bath has
ceased to be used in America, and so a mode of treatment useful in a
certain number of cases is lost to the physician in each country."

Page 122 — Accommodation for patients paying for their maintenance.
Page 125 — Criminal lunatics; which are divided into two classes:

1. Those who whilst insane commit criminal acts.

2. Those ^\\\o become insane while undergoing punishment.

He treats of the distinction made between these classes and the man-
ner in which they are provided for; thinks that Scotland is broader in
principle and has been more successful in her treatment of this class;
then describes at considerable length the Broadmoor Criminal Asylum
and the Criminal Lunatic Asylum at Perth, Scotland.

Page 139 — Asylum for idiots.

Page 148 — Asylum for inebriates. '

Page 154 — Suggestions, from which are quoted the following para-
graj)hs:

" The moral and material advantages which follow the system of pro-
vision for the insane in private dwellings are undoubted."

" It is necessary that population should so increase as not only to
form aggregate bodies, towns, and villages, but to form a united, related,
fixed, and settled people; and that the masses shall have received a cer-
tain education on lunatic matters, by public papers a^d by the existence
of well conducted asylums, before the separate system is adopted. An
attempt to place any large number of the insane in private dwellings
must necessarily fail in a new country, colony, or State. Neither the
Belgian system nor the Scotch is possible in New South Wales at present,
but the advantages of these should be ever kept in view, and the whole
asylum organization should tend towards the development of such sys-
tems in the maturer age of the colony."

"The close asylum, however, has been in long years past, and must be
in the years yet to come, the chief method in which the insane of all
countries, in the acute stages of their maladies, are provided for."

Page 157 — Doctor Manning quotes from Doctor Wilson, the Catholic
Bishop of Ilobart Town, in reference to locating a hospital near a large
city, as follows:

" The advantages of having a hospital near a large city are incalcula-
ble. Here are a few:

" 1. The securing judicious visitation of a properly selected Board of
Commissioners for the general management of so imjJortant an institu-
tion, a measure absolutely necessary for its permanent well working.

149

"2. The means of procuring the best medical and surgical assistance
Avhou required.

'•3. The opportunity afforded almost daily to convalescent, cpiiet, and
orderly patients or" visiting the city tor amusement, going through the
markets, sometimes strolling through the ])iil)lie pleasure grounds, and
obtaining that change so beiieticial to them, both mentally and phy-
sically.

"4. Affording facility to humane and well qualified persons of grati-
fying in the asylum, not unfrequently of an evening, patients whose
minds are ii» a state to profit by such kind ofiices, with music, instru-
mental and vocal, recitations of short and cheerful pieces, or appropriate
readings, and such like friendly acts.

"5. Of affording patients likely to profit hy such visits the means of
attending such public exhibitions in the city as offer from time to time
suitable for them. Many other advantages might be mentioned."

On page one hundred and sixty-six Doctor Manning says:

" The site to be chosen for an asylum is a matter of primary impor-
tance. On it must depend in no small degree the comfort, happiness,
and health, both mental and bodily, of the inmates, as well as the cost of
the institution and the whole work.ng of its intei'nal economy.

"An elevated jiosltion is desirable, because more healthy — command-
ing, as a rule, more extended views, both from the rooms and airing
grounds, and affording greater facilities for drainage and ventilation.

"In the suggestions and instructions to architects, issued by the Com-
missioners for England and Scotland, it is suggested that ' it should not
be near to an}' nuisances, such as steam engines, shafts of mines, noisy
trades, and offensive manufactories; neither should it be surrounded, or
overlooked, or intersected by public roads or footjDaths;' 'that the site
of the building sliould be elevated as respects the surrounding country,
and, if to be obtained, undulating in its surface and having a fall to the
south.' "

Doctor Manning continues:

"The subsoil should, if possible, be calcareous, gravel 1}', or rocky;
but if the position is elevated and the drainage good, a chij^ey subsoil,
such as is occupied by more than one of the best English asylums, is not
objectionable."

The advantages to be derived from proximity to a large town are:

1. Facility of access for patients and tlicir friends, Commissioners, Inspec-
tors, atUl other Government ojjicials, medical ojficers, etc.

2. Diminished cost of conveijance of coal, stores, and provisions.

3. Facility for amusement of patients.

4. .Supply of gas and icater.

5. Increased facilities for procuring good attendants and for inducing them
to remain for a longer time.

The special need of the attendants (who are always with the insane)
for change and amusement away from the institution is spoken of at
considerable length.

In reference to land, Doctor Manning recommends " the projiortion of

150

one acre to every two patients," "instead of the minimum of one acre
to every four patients, suggested by the British Commissioners." " The
full amount which will be required for the institution, according to its
estimated eventual extent, should, if possible, be acquired at once. It
might either be cultivated b}^ the patients in the institution, if sufficiently
numerous for the purpose, partly cultivated by hired labor, or let on
short lease till the number of patients was sufficient to work it; but as
much as possible of it should be brought under cultivation — fruits, root
or cereal crops, grown according to the nature of the soil, the wants of
the institution, and the capabilities of the inmates. The more an asylum
is-self supporting in this respect the greater will be the economy of
expenditure.

"It has been calculated that the labor of the insane is only equal to
one fifth of that of the sane, so that one hundred patients are equivalent
only to twenty healthy field laborers. In most asylums there will be
found one inmate in every five suitable for field labor, so that in an asy-
lum of five hundred patients, there will be about one hundred inmates
capable of such employment. But if it is supposed that only half this
number c n be so employed, it will be equivalent to the constant labor of
ten healthy men; and what these are capable of efi:ecting in agriculture
and horticulture can be estimated by all those conversant with the
matter."

In regard to the question of the separation of acute and chronic cases,
Doctor Manning says: "The solution of this, like many other practical
questions regarding asylums, depends very much upon the poi)ulation
of the district, upon the nature of the existing huildings, ancl upon the
special aims which it is intended to combine Witli then* erection (e. g.,
clinical instruction). "Wherever a large population is crowded within a
small space, and two asylums can be made fairly accessible to the whole
population of the district, the greatest argument against the separation
of acute and chronic cases ceases to exist."

In regard to the size of asylums. Doctor Manning quotes the opinions
expressed by many eminent authorities, and concludes as follows:

•

" Weighing well all the opinions of eminent men on this subject, and
the arguments with which they are backed, and judging from personal
inspection of existing asylums, the opinion may be expressed that from
four to five hundred is the jjreferablo size for an asylum, and that six
hundred should never be exceeded. The asylums which are working
smoothly and w^ell, with every care for the treatment of patients, and
effective supervision, are, as a rule, below this number; and" "for eco-
nomical reiisons, fi'om four to five or six hundred is the preferable number.
The maintenance rate generally increases where the jJopulation is below
or above it."

151

Table,

Giving a List of certain American and European Asylums, iciih the Amount
'of Land about them and the Amount used for Pleasure Grounds {Airing
Courts included).

[Manning's Roport.]

Acres of Pleasure
Land. Ground.

"Worcester County

Sussex County

Essex County

Three Counties

New Surrey

Middlesex County (Colncy Hatch).

Gloucester County

Derby County

Lancashire County

Leicester Count}'

Stafford County (New)

Stafford County (Old)

Lincoln County

Bristol Borough

Cotton Hill Lunatic Hosj^ital

Northampton Hospital

Eetreat, York

Elgin District Hospital

Perth Hospital ,

Haddin o-ton Hosj^ital

Fife Hospital

Montrose Eoyal

Government Asylum, Washington..

Pennsylvania State ,

Northampton (Mass.) State

New Jersey State

New York

Evreux, Departement Eure

Quatre Mares, Departement

Seine Inferieure

Sainte Anne, Departement Seine

Ville Evrard, Departement Seine

Vaneluse, Departement Seine ,

Colony of Fitz James, at Clermont.

Meerenberg, Holland

Guislain"s Asylum, Ghent

Hamburg.

Illenau

Frankfort

Gottinc'en

100

200

252

150

100

' 32

110

230

130

200

120

200

150

100

"li

750

700

1000

152

Table,

Shoicing Number of Patients and Assistants in certain Asylums, with the Sala-
ries of the Superintendents in certain of the English and Scotch Asylums.

[rrom Manning's Eeport.]

ASYLUM.

•-^

o
>
2

: cs

ASTLTIM.

p
o

1^
o

Bristol

206
342
391
469
502
510
534
540
554
590
650
836
962
1,124
2,026
220
213
380

Quatre Mares

715
950
600
600
500
450
600
350
200
300
450
380
500
380
420
608

Derby

1
2
2
2
2
1
1
1

£500 "

'eso"

550
550
600
800
500
600
600
750

"ooo

350
300
400

St. Yon

I/eieester

St. Anne

Stafford

Ville Evrard

X/incolu

E vreux

Sussex

Guishiin's Asy., Ghent
Meerenberg

Three Counties

Worcester

Hamburg

Essex .'

Frankfort

Gloucester

Gottingen

New Surrey

Illenau

Lancashire, Lancaster

Washinifton

Lancashire, Prestwich

York, West Eiding

Colney Hatch

New Jersey State

Pennsylvania State....

Northampton

iNew York State

2
1

Perth District

Cupar

•

Montrose

CONSTRUCTION.

To make the lunatic as much " at home " as possible, to make the
household arrangements of an asylum resemble those of a large i^rivate
dwelling house so far as is consistent with salubrity of structure, economy
of expenditure, and facility of sui^ervision and management, should be
the leading principle in the construction and internal arrangements of
asylums.

Asylum construction must depend somewhat on the classification of
the patients which is considered necessary.

The classification recommended is: •

■^ 1. Recent cases.

2. Sick and infirm. •

3. Violent and noisy.

4. Ordinary patients.

In an asylum for five hundred patients, at least si^^ divisions for each
sex are necessary; and in this case the "ordinary" patients may be
placed in two divisions; but with a smaller number, three or four will

153

suffice; the "recent" and "ordinary" cases being amalgamated or not.
Thirty to Ibrty patients arc a sufficient average number lor each division.

For a small arylum the maximum population of which is never to
exceed two hundred, the modilied' cottage plan is the one to be most
recommended.

For an asylum built originally for one hundred and fifty or two hun-
dred patients, but intended for enlargement, so as eventually to contain
four hundred, the "house" plan or the pavilion plan arc most fitted for
the original structure.

For an asylum built originally to contain five hundred patients in six
divisions, the pavilion or block plan may be mainly adopted and supple-
mented by cottages; or plans may be so modified as to embrace the
house, pavilion, and cottage plan, blended into one harmonious whole, as
in the Xew Surrey Asylum.*

If the three plans are combined to form one asylum the two classes
who require most constant care and attention (the sick and the acute
oases recentl}' admitted) should be j^laced in the part built on the
" house " plan, which will be under one roof with the administrative
dei^artment, and so within easy access of the Resident Physician.

The ordinary patients and the violent class may be placed in detached
blocks, two or three in number for each sex; and the small asylum town
thus built be supplemented by cottages for idiotic and convalescent
patients.

The cottage plan is i">artieularly fitted for patients of good education.
It adds vastly to their comfort to separate them from the other inmates.
For convalescent patients also, the association with sane people is very
beneficial, and they by this means are allowed greater libert}", and a]"e
able to resume gradually their accustomed life, instead of passing at
onee from the asylum ward and its artificial existence to the realities of
actual life abroad.

The S2)ccial block for violent and noisy patients, which should be the
smallest division of the house, should have connected with it and open-
ing from it, a one-storied building, capable of containing four or five
patients. It should consist of corridor and single rooms, and should
have one or more small airing courts, opening either from the corridor
or the rooms.

The question as regards the number of stories in an asylum must
depend chiefly on the uses to which the rooms on the ground floor are
applied. If the ground floor is to be divided into day room and dining
rooms, and so the patients occupy only half of it at once, the numler
for which it will serve vfill not be greater than can be contained in one
dormitory floor; but if the dining room accommodation is provided else-
where, the space for sitting or day room accommodation will be doubled,
and made sufficient for the number of patients who can be accommodated
in two stories built over it. The space required for sitting and day
room in asylums is reckoned to be about half that required for the
night.

The material to be selected for asylum construction may fairly be that
which is most readil}^ procurable, so long as it is durable and not porous.
So long as the windows are of large size, the particular stjde may fairly
be left to the architect entrusted with the planning of the building.

A full supply of pure water is an important requisite in an asylum,

* See Appendix F, plates 5, 6, 7.
20

154

and no site should be chosen where this cannot be obtained. If the
asylum be near the town, the town supply will be found cheaper and
altogether more convenient than any other arrangement; but when at a
distance, the supply from a well or spring, especially if this is close to
the buildings, is the best method, since the steam engine which will
alwaj's be necessary to pump and fill tanks, may be made to serve other
purposes also, as turning machinery, either at the laundry or farm build-
ings, whilst the boilers which supjjly it may be used also for heating hot
water for baths and lavatories, the kitchen and laundry. No supply
from a running stream should be used without careful filtration, and if
water is procurable in any other way, surface drainage should not be
resorted to, since, with this method in use, high farming is almost
impossible, Avithout running risk of dire illness to the inmates from
animal poison contained in the water. The quantity required for the
use of an asylum, even Avhen earth closets are used, is not less than
fifteen to twenty-five gallons per head per diem.

For safety in case of fire. Dr. Manning says: "Eeliance should be
placed mainly on hj^drants, for which j^roper hose should be kept always
at hand, placed both outside in the grounds and inside on the staircases.
These should be connected both with the ordinary water supply and
with the tank; and where a steam engine exists, the pipes should be so
arranged that the water may be j)layed by steam power. Fire drill, at
which attendants and patients should assist, should be j^ractised at fixed
intervals, and the hose and other appliances kept always in order. In
asylums in which force of water sufiicient to play the hose cannot be
obtained, ordinary hand fire engines should be kept at the asylum, and
the patent contrivance called 'L'Extincteur ' may be also kept at hand."

Every asylum should be lighted throughout with gas, which is at
once the safest, cheapest, and most efteetive mode of lighting. If gas
cannot be conveniently obtained from a company's works, it may be
made on the premises without difiiculty, at a cost which will render it
cheaper than any other kind of illumination such as it is necessary to
have in an asylum.

Dr. Manning gives it as his opinion that open fir-^places, especially
when built with air-chambers, as in use in English asylums, form the
best, simplest, and cheai)est mode of warming asjdums in a moderately
cold climate; but in America the elaborate system of heating by steam,
which has been almost universally adopted, is perhaps the best Avhich
could be used.

Natural ventilation, with such accessories as may be deemed expe-
dient— and the simpler these are the better — can alone be recommended
for an asylum in a temperate climate.

The height of twelve feet, proposed by the American Association of
Medical Su^^erintendents, seems amj)le for all the purposes of an asylum
room.

Every room should have its cubical contents painted on its door.

In all asylums separate day and diningroom accommodation should
be provided. It will be well that one diningroom should be provided
for each sex, and that they should be placed on each side of the kitchen.
Day room accommodation should be provided for each section of the
asylum, at the miiumum rate of five hundred cubic feet for each person.
A general dining hall, or two dining halls — one for each sex — should be
built conveniently situate with reference to the kitchen, capable of con-
taining three fourths of the entire number of inmates. Experience has

155

sliown in English asj-lums tluit this number may with safety and advan-
tage be aliovsed to dine in common.

Two airing coiu'ts for each sex are all that arc absolutely necessary
for an asylum. If a third is added for the use of the sick, inhrm, and
for special cases, such as epilepsy, it will be Ibund frequently useful. It
may save the more feeble among the patients from the accidents which
might hajjpen to them in the large general court.

In ever}' airing court there should be a sunshed and a verandah or
covered walk, to alibrd shade and allow patients so inclined to take exer-
cise in wet weather.

The floorings of all the day and dining-rooms and dormitories should
be of wood. The boards should be tongued; and the English and Scotch
Commissioners suggest that there should be a disconnection of the floor
and joists at all internal doorways, by means of a stone sill. In all
cases where a fireproof construction is not adopted, similar separations,
at not greater distances apart than fifty feet, should be made in the floor
and ceilings. There is but little necessity for oiling or polishing the floor
except in rooms devoted to dirty patients.

The walls should be plastered or cemented, and subsequently painted
or colored so as to make the rooms as cheerful and bright as possible.

All rooms devoted to dirt}' patients should be whitewashed.

The kej's for the male and female side of the house should be diff"erent,
and each attendant provided with one key which will unlock all the
doors on his or her side of the house. A simple railway key will serve
for each attendant to turn on or ott' water, gas, or to chock the window
sashes, close or oj^en shutters, etc., so that each attendant will have two
keys 0:1 1}'.

Asylum stairs should be of stone or iron; the flights short and
straight. Wooden or iron handrails should be jjrovided for all stairs,
and let into a groove in the wall.

One kitchen, in a central position, is all that is required for an asylum,
and in it, if properly arranged, all the food for patients, officers, and
attendants can be cooked.

The laundry should be detached from the main buildings, and may be
placed at some little distance, if water supj^ly is thus made more easy.

The arguments for a special chapel in connection with every asylum
need not be repeated here. The best argument is the existence of such
a chapel in the Avell ordered institutions of all countries.

For minor amusements, the day rooms of the institution are sufficient,
but a room where the majority of the inmates can b6 collected for
dances, concerts, theatrical j^crformances, gymnastics, lectures, etc., is
absolutely necessary in an asjdum.

It is sctireely necessary to provide a special room for a library.

The building for the reception of the dead should consist of two
rooms at least. One of these should be the reception room, fitted with
shelves for the dead, in which they may be seen by their friends. The
other, a room for post mortem examinations, in which eveiy convenience
for the purpose should be supplied — a central table, hot and cold
water, etc.

It is desirable that the dead should be buried in the ordinary cemetery
of the town or district.

The balance of the report is devoted to " Organization," " Dietaries,"
forms for asylum reports, and architectural plans.

156

ORGANIZATION.

A Board of Control should be appointed by the Government for each
asylum, or for each district, and should consist of not less than five
members, one or two of whoni should be medical men, and the remainder
men of high social standing, residing in the district in which the
asylum is situated. The necessary expenses of the Board should be
paid, and such remuneration made to the professional members as may
be deemed fair, but the other members should not receive salaries, the
position being entirely an honorary one.

The members of the Board may either retain their seats permanently,
or one or two members may retire annually, and be eligible for veiip-
pointment.

The duties of the Board should be:

1st. The control of the finances of the institution, and the preparation
of the necessarj' estimates for the consideration of the Government.

2d. The appointment and dismissal of all officers, viz: Superintendent,
Assistant Medical Officers, Secretary, Chajjlain, and Housekeej^er, sub-
ject to the apj)roval of the Government.

3d. The visitation of the asylum and inquiry into its management and
the general conduct of officers and attendants.

4th. The inspection of the forms of admission sent wuth all jjatients,

.and the ordering of the discharge of all such as are recovered, or for

whom their friends promise to make provision, one medical member of

the Board being always present to examine the patient and afiix his

signature to the certificate of discharge.

The Board should also be charged with the presentation of an annual
report to the Government, in which the general and financial condition
of the institution under its care is set forth.

On the appointment of a Board of Control, asylum government will
be thus divided:

Superintendence and Management.

•
The whole internal economy of the asylum will be under the conti o^ of
the Superintendent, and with him should rest the patronage, so far as
the appointment of attendants and servants is concerned.

Legislation.

The making of all general laws for the conduct of the asylum, and for
the guidance of all officers and attendants, will be the duty of. the Gov-
ernment. A general code of laws will serve for the government of all
the asylums of the country; and all marked alteration in such laws
should be made, or at least appi'oved, by the General Government;
whilst minor alterations, which are not contrary to their general spirit,
may be made by the Superintendent or Board of Control.

Financial Adm inistration

Will be under the Board of Control, exact accounts of the financial con-
dition of the asylum being submitted to the Government, with the esti-
mates for each year. The estimates should include a sum for incidental
expenses, tb be spent at the discretion of the Board, and not exceeded.
(The sum placed under the control of the Board is fixed, in the case of

157

the English county asylums and the State asylum, Broadmoor, at four
hundred pounds for each year.)

Patronage.

The appointment of the Board of Control (and the Board of Inspec-
tion, to be hereafter considered') will rest with the Government. The
Board of Control will appoint all the ofticers, who are immediately re-
sponsible to it, the (lovernment approval lieing necessary to ratify the
appointments. The Superintendent will appoint the attendants and ser-
vants who conic immediately under his directions.

There remains to be considered the duties of

Inspection and Supervision.

Doctor Manning then speaks of the way in Avhicli this is managed in
the United States, Great Britain and Ireland, France, Belgium, and Hol-
land, and then gives his opinion of what it should be in Xew South
Wales:

The duties of such a Board of Inspection should be:

1st. The inspection of all asylums, public and private, at fixed periods
not less than twice a year. At such inspection inquiry should be made
as to their management; as to the regularity of admissions and dis-
charges; the number of attendants; the dietary, and the general conduct
of the institution.

2d. The frequent inspection of the criminal asylum, which it is recom-
mended in a subsequent part of this report should remain under the
immediate control of the Government, without the intervention of a
Board of Control.

3d. (Is of local application, referring to the" Eeception House at Dar-
linghurst.")

4th. The examination of all criminal lunatics, either acquitted on the
ground of insanity or found to be insane, in prison; and the direction as
to their maintenance in the prison for observation, or their transfer to
an ordinary or criminal asylum.

5th. The transference of patients from one asylum to another for any
reasons that may be considered good.

6th. The registration, visitation, and official guardianship of all luna-
tics under certificate residing with friends or with persons paid for their
maintenance, with power of inquiry in all cases of detention and ill
treatment b}'' relatives of any insane person, whether under lunacy cer-
tificate or not.

7th. The examination of all certificates in lunacy, to see that they are
in proper form and that all necessary particulars concerning the histoiy,
circumstances, social and mental condition of the patient are given.

8th. Inquiry into all cases of comjDlaints in asylums, and all cases in
which the Lunacy Acts have been* infringed.

Superintendent.

The Physician of every asylum should be Superintendent and chief
executive officer of the establishment. He should have entire control of
the medical, moi*al, and dietetic treatment of the patients; the power
of appointment and discharge of all attendants and servants, and exer-
cise a general supervision and direction of every department of the insti-

158

tiition. He alone should be responsible to the governing bod}'^ for the
state and condition of every part of the iustiiution. and he should be the
recipient of all their orders.

Assistant Medical Officers.

The Assistant Medical Officers of asylums should be qualified medical
practitioners, whose duty consists in assisting the SuiDerintendent in the
medical and general duties of his office, and rejjresenting him in his
absence.

Doctor Manning is of opinion that " the medical staff of an asylum
containing acute and chronic cases in the usual proj^ortion, should never
consist of less than one to every two hundred and fift}' patients; that
whenever the asylum population exceeds two hundred and fifty, an
Assistant Physician should be aj^pointed; and that when the number of
five hundred is reached, an additional assistant is necessary."

COMMENTS UPON DOCTOR MANNING'S REPORT. *

We are of the opinion that no asylum should be without an Assistant
Phj'sician, and that an asylum of five hundred patients should be jjro-
vided with an additional assistant, as suggested by Doctor Manning. The
Guislain Asjium, as well as many others in the Old World, are greatly
at fault in this respect, and the bad eftects of such policy are ever appa-
rent.

We have thus given a brief sketch of this exhaustive and admirable
report, and can only again exj)ress a regret at our inability to obtain a
copy for the State Library, and still hope an order sent to JSTew South
AVales, through Messrs. Triibner &. Co., ]?so. GO Paternoster PiOW, London,
maj* succeed in procuring one.* In most of the conclusions arrived at
by Dr. Manning, as well as suggestions made to his Government, we
heartily concur. But, as we cannot do so in all, we deem it due to our-
self and what appears to be the interest of the insane in our midst to
point out a few of the most imjjortant j^oints of difterenq^:

1st. For reasons already stated elsev\-here, we think that two hun-
dred and fifty patients as large a number as can he treated in the best
possible manner in one asylum, and that this number should never be
extended beyond four hundred. We admit, however, that the practice
of the present day is to build asylums for four hundred, five hundred,
and six hundred patients, as he has suggested.

2d. We are satisfied that the number of single rooms for one third of
the patients is too small to insure the best results. His conclusions
coincide with the custom in Great Britain and the continental countries,
where one third is the greatest number jjrovided with single rooms, even
in the best asylums; whereas we agree with the custom in our own
country, where the best asylums are never j^rovided with single rooms
for less than two thirds of their patients, and many of them a larger
proportion. Under no circumstances should this be reduced to a less
number than one half We are fully aware of the advantages to be
■^derived from the association of patients, but think this can be done
to best advanta^^e during the day, in large and pleasant airing courts,
sitting rooms, and pleasure grounds.

* XoTE. — Since the above was written the report of Doctor Manning has been received,
and we recommend its perusal to the committees, Commissioners, and others especially
interested in the subject.

159

3d. The recommendation for six divisions for each sex, in an asylum
for five hundred patients, seems to be too small, and is two less than
i:)roposed by the Superintenilents in the United States; eight divisions
for either sex is a better number.

4th. Dining halls for three fourths of the patients of either sex, one
on each side of the kitehen, does not commend itself to our mind as the
best method. The system in the United States of having each division
take their meals in their own wards is preferred, as classification is best
preserved in this way. Here we must also admit that in all the asylums
in Great Britain and on the continent where we witnessed the patients
of hospitals taking their meals in common dining halls, and often where
males and females ate in the safhe room, no inconvenierxe or excitement
was observed; but it must not be overlooked, that in all or nearly all of
the instances referred to the patients were paupers, and the asylums
almost exclusively occupied by them. This custom does not prevail in
the asylums intended for the independent classes. In our country, all
are accommodated in the same asylum, with veiy rare exceptions. The
rich, the poor, the educated, and the ignorant, ttie refined aiid the vulgar,
are all in one and the same institution, hence greater attention to classifi-
cation and separation is an absolute necessity.

Separate Asylum for Fatients ivho Pay.

Some eminent men in all the countries we have visited have given as
their decided opinion, that patients "vvho pay and those who do not
should never be kept in the same asylums nor placed under the same
administration, as the jjrivileges that will be allowed the one begets
jealousies on the part of the other, while the necessities of a crowded
asylum often enforces associations that would not be recognized at
home, and with all the sensibilities sharjiened by insanity, as sometimes
happens, disgusts and dissatisfactions are engendered, and detrimental
results the consequence.

What is best to be done and what can be done are two very different
propositions, and in a majority of cases we have to accept the latter. If
it were possible, howevei', there is no question it would be best for each
State to furnish one asylum for the accommodation of all of its citi-
zens who desired to pay for accommodations superior to those that can
be given to the indigent. These should be charged a sufiicient sum to
detray all the expenses of such an establishment, including ofiicers' fees,
repairs, and other expenses, the State only furnishing the buildings. All
other asylums should he free to every person belonging to the State who
might elect to enter them, without the payment of fee of any kind. If
this system could be adopted, many economical changes might be made
in the construction of our asylums, without detriment to any class of
patients. An asylum for one hundred pay patients would probably be
sufficitnt for all of this class now in our asylum, or likely to be com-
mitted during the next ten years. It should be as much under the con-
trol and watchful supervision of State officers as the others, and all
cliarges should be regulated by State authority, in ord«r that no i^erson
should profit by its operations save and except the patients who jmid for
the privilege of having more quiet, more comfort, and more attention
than the State could aftbrd-to give.

This idea, we fear, is in advance of American notions of propriety;
yet believing it to be supported by- sound policy, and with no injustice to

160

any, we hope to see it carried out in our State at some no distant period
in the future.*

5th. The common batli house on the ground floor, one for each sex, is
another European custom adopted in nearly all as^dums, many of which,
admirable in all other respects, haye not a singde bath tub on the second
or third flo*or. This is certainly a great defect,* and must suggest many
inconyeniences to all who are acquainted with as3dum management. "We
found in one asylum in Austria only one bath room for all the patients,
the men using it one da}^ and the women the next. One bath in four-
teen days was all that could be obtained by each patient. This asylum
was new, neat, comfortable, and well managed in all other respects, but
the Medical Director could not preyaii on his Board of Managers to
supply eyen one other. We could but conclude that economy in this
instance was a poor financier.

6th. We cannot see any special adyantage to accrue from a law requir-
ing one of the Board of Coutrol to sign certificates of discharge, as sug-
gested by Doctor Manning. Surely the Superintendent must first say
that the patient ma}' be discharged without detriment ere the Trustee
aftixed his name; hence it would only seem an additional complication
without corresponding benefit. Let us giye the patient every protection
and throw around him eyery neeessarj' guard, but at the same time
incumber our rules with no useless requirements.

Widi these few dilfereinces with Doctor Manning, and some of them
may be influenced by prejudice engendered by long habits of thought
that observation has faded to remove, we most heartily indorse what he
suggests, and commend his remarks Xo all readers. It has been our
desire to ^jresent the ideas and opinions of others with quite as much
freedom as our own, that our people may have the benefit derived from
the experience of many observers.

* Note. — Statement of the yumber and N^ativity of Pay Patients in the Itisane Asylum
of the State of California, January \st, 1872.

NATIVITY.

Mfites

Females.

Total.

Germaiij^

Ireland

England ,

Scotland

Mexico

France

Chili

Denmark

New Brunswick.

United States.
Totals

•>

•1.1

The foregoing table shows how small a proportion of the patients in our asylum pay for
their support and treatment. There are a few others, no doubt, who would" gladly avail
themselves of asj-lum care and the benefits to be derived from the skill and experience of
its medical officers, if proper accommodations could be offered them, but who shrink
from tlie disadvantEjes and discomtbrts of the overcrowded wards of our asylum, and are
thus kept at home till all hope of recovery is passed or the means of sujijiorl have been
exhausted, w^heii they are sent to the asylum, to become life burdens upon the rublic
Treasury. Until the system suggested can be carried out, we think it would be far better
to abolish all charges, so tar as they relate to citizens of the State.

It is scarcely iieccssiiry agiiiii to call attention to ventilation, warm-
ini,^, lii^hts, water closets, Avindow i;uards, lloorinii;, ntalrs, infirmaries,
kitchens, laundries, cliapels, dead houses, amusement halls, theatres,
dances, employes, attendants, airin-^ courts, keys, etc., as we have done
so to a suthcient extent in the sketch from Doctor ^Eanning's rcj^rt, and
especiall}- as we must neeessarily touch upon some of them in speaking
ot" the character of asylums which we think best adapted to the nature
of our climate and the characteristics of our people.

CHAPTER XI.

CEIMINAL INSANE.

Another question connected with the care of the insane should not bo
passed b}' without notice. In England, Scotland, Ireland, and some of
the continental countries, and in ISTew York, in this country, asylums
have been erected for keeping the criminal insane separate from the
others, and strong arguments have been advanced in favor of the uni-
versal adoption of this system. These have been divided into two classes:

1st. Those who have been convicted of crime, and become insane while
serving out their sentence of punishment.

2d. Those Avho have committed criminal acts during their insanity.

We can see no good reason why those of the latter class should be
deprived of treatment in an ordinary asylum. In the eyes of the law
they have really been acquitted of any criminal intent, and cannot be
punished; nor should they be disgraced by being confined in an asylum
with those whose crimes have led them to insanity.

"With the first, or convict class, the case is entirely different. Though
thc}^ have become insane, and are thereby entitled to every consideration
of sympathy-, and cver}^ effort at restoration, they have not been cured of
their immoral ideas, low cunning, gross vulgarity, and vicious habits.
On the contrary, these are often whetted by insanity, and exhibited in
an intensified degree. They have no power to conceal the real hideous-
ness of their character, nor restrain the debased vulgarity of their nature.
They arc not only unfit associates for the unfortunate people w^ho occupy
the wards of an asylum, but have a detrimental influence upon their
recover3^

But this whole subject has been so ably and forcibly argued in the
report of the Worcester Hospital, we cannot better bring the matter to
the favorable notice of the Legislature than by quoting from its pages :
•

PROM THE WORCESTER REPORT, 1862.

Criminal Insane.

The experience of nearly thirty years operation of this hospital, and
the careful observation of the successive Boards of Trustees, of the
iSuperintcndents, and others engaged in the management of this institu-
tion, all go to establish and to strengthen their conviction that it is
impolitic and wrong to place insane criminals in the same rooms, wards,

162

or even establishments with the honest and untainted patients, and
require them to live together.

No one will assert that the prison is a proper place for a lunatic; and
it is equally clear that the hospital, created for and occupied by patients
from general soeiet}^, is not a proper place for a criminal. Admitting
that the insane convict should be removed from the one, it by no means
follows that he should be carried to the other. Whether viewed in the
light of humanity or of economy, it is better that he be detained in his
prison than be admitted into the hospital, for, at the worst, if he be not
removed, he may remain insane for life for want of the means of heal-
ing, while if he be placed in a ward filled with other and respectable
patients, he may be an obstacle to their restoration, and prevent some,
perhaps many, from ever regaining their health. The question is not
simply whether the insane convict shall or shall not have an opportu-
nity of being healed, but whether an attempt shall be made to save a
criminal and worthless citizen, by the peril and perhaps the sacrifice of
the restoration of some, possibly many, honest and valuable men who
must live and associate with him in the hospital.

Insanity disturbs the mental health of its victims in various Avays.
Among the most common of these morbid conditions, is the exaltation of
sensibility, which makes the patients timid, anxious, suspicious, irrita-
ble, and even sometimes quarrelsome. Some are depressed in spirits,
and almost crushed with a sense of imaginary sinfulness, or an intense
consciousness of unworthiness. To meet these morbid conditions of the
patient, the hospital Managers endeavor to bring the most favorable
influences to act upon him; they surround him with everything sooth-
ing, gentle, and acceptable. They provide everything to cheer, encour-
age, and elevate him, and inspire him with confidence that his new
position in the hospital is all for his good. They arrange all the circum-
stances, select his associates, and control the conversation; they deter-
mine the scenes that may be visited and the ideas that may be presented,
according to their influence on the over sensitive and disordered mind.

It is among the best established iDrincii:)les of the treatment of insanity,
that a patient should be opj)osed or interfered with as Jittle as possible,
consistently with his good; that his notions and arguments should not
be disputed, his wishes and inclinations indulged, so far as they can be
safel}^, his opinions and tastes treated with respect, when they are
projDcr, but always with tenderness, and that everything should be done
to encourage his self resj^ecf.

Among the patients in the hosj^ital £re always the members of our
own families — our parents, our brothers and sisters, our sons and
daughters. From their childhood they have been taught to love virtue
and abhor vice, to avoid even the apijcarance of wickedness, to associate
with good and shun evil company. They have been accustomed to run
from the base, the degraded, and the corrupt. Their sensibilities, their
tastes, and their consciences have been cultivated and shaped in accord-
ance with their education and their habits. They lose none of these in
their disease. Insanity tends to exalt and intensify them. The}^ become
-> morbidly sensitive, and even irritable, in respect to them.

To put a convict among such jDatients as these, to compel them to
associate with him in the same halls, to eat at the same table, to hear
his coarse and offensive conversation, his vulgar slang, his jjrofanity,
his curses at religion and honesty and religious and honest men, his
contemptuous jeers at what they have been taught to regard with rev-
erence, his tales of cunning and crime, of successful and unsuccessful

163

villainy — nil this is in contnivontion of the best i)i'ineiple8 of managing
mental disorders, and diminishes if it does not counteract the influence
of the curative measures that may be used.

It is at least a singular view of governmental ros])onsibility that, look-
ing for the highest good of the community and the moral and spiritual
welfare of all its members, educates children and youth to walk in the
waA's of holiness, and encourages all of every age to associate only with
the pure and the upright, when they are Avell and al>]c to choose for
themselves, but gives them felons for familiar companions when they
are broken down with mental disease and too M'cak to choose their
company.

The hospital is provided for all the families of the commonAveath. In
the chances of life any one of us may be exposed to the accidents or
influences that cause insanity, as Avell as to those that cause fever. Any
of our children may be afllicted with disease of the brain, as well as
Avith disease of the lungs.

A daughter, the idol of her parents, becomes insane. Her anxious and
almost agonized friends take her to the hospital and leave her there,
in confidence that her intensely sharpened sensibilities will be soothed
by the gentlest associates, the tenderest language and most refined man-
ners of those that surround her; but she is shocked to find in the same
hall with her, perhaps sitti]\g next to her. at table, a convict from the
House of Correction, a woman that had previoush^ been the keejier of a
brothel, and still retains her vulgar obscenity and her lascivious ways.
Or a son, trained in the same way, ma}' become deranged on the subject
of religion. Self chastening and downcast, he enters the ward and finds
among the inmates a burglar from the State Prison, who has been edu-
cated and practiced in all manner of wickedness, and takes a pleasure in
the display' of his own corruption and in offending the sensibilities of
such as he considers to be over nice and fastidious.

Among the insane there are always some whose recovery is doubtful,
whose chances of mental life or death hang like a balance so evenly
adjusted that the slightest weight will turn the scale, the least disturb-
ing cause will decide the issue against them. These are watched by the
officers and attendants in the hospitals Avith the tenderest solicitude, and
guarded with anxious vigilance to protect them from every unfavorable
Influence. To such as these, standing on the verge of mental death, the
jiresence and companionship of a felon from the prison may be sufficient
to overthrow them and determine the fatal course of their disease.

These are cogent reasons, strongly put, and mufet carry conviction to
the mind of every man as to their propriety and justice. The convict
insane in California are not sufficiently numerous, however, to justify
the establishment of a separate asylum for their accommodation, but it
Avould be an easy matter to erect a suitable buildhig in conjunction with
the hospital at S^an Quentin, to be devoted to this class of patients. The
hospital physician could give them the needful medical attention, and
they Avould cost no more to take care of them there than at Stockton,
where there is no suitable place to keep, or retain them, to say nothing
of the cost of transj)ortation.

164

CHAPTER XII.

CHRONIC INSANE.

Provisions for Curables and Incurables in Separate Institutions.
SEPARATIOX.

This is a question that has excited some attention in all countries.
And though it has been practicably decided as unwise and improper by
the Association of Medical Superintendents of American Institutions for
the Insane, and most of the bodies of a similar character in other coun-
tries, still it finds individual advocates in some of them. In Italy it is
by no means uncommon, while in Austria and some of the German States
it is rather the rule than the exception. It was one of the subjects to
Avhich we directed especial attention in our inquiries, and the opinions of
every Superintendent with whom we met during our investigations was
solicited. About one fourth of those in Italy, one half in Austria,
Moravia, Bohemia, Saxony, and a few other of the German States, per-
haps a tenth in other continental countries, and one in twenty of those
in Great Britain and the United States, were in favor of separation,
while all the rest were opposed to the principle and the practice.
Economy seemed to be the leading argument of those who favored its
adoption, though a few placed it upon higher grounds, and contended
that while the chronic and incurable cases were quite as well cared for,
and could be better emploj^ed, and allowed more liberties than in a cura-
tive establishment, that their removal increased the chances of recovery
in the more recent cases; while another class seemed to favor the erec-
tion of different buildings for the two classes in proximity to each other,
and under the same administration, in order that transfers might be
made from the one to the other, as might in the judgment of the Super-
intendent be deemed expedient.

On the other hand, it is contended that all such institutions are more
liable to degenerate into negligence, inattention, and decay; that they
are cruel to the patients who are thus told of their hoj^eless condition
and raust therefore spend the rest of their days within asylum walls;
that instead of being a disadvantage to the more recent and curable cases,
the reverse of this is actually the case; that by their habits of obedience
and order, others submitted more readily and cheerfully to the rules and
requirements of the institution; and that by their example and willing-
ness to labor and to take jiart in other occupations and amusements, the
acute cases more readil}' joined in these necessary and healthful jjur-
suits; with man}^ other arguments familiar to all who have paid any
attention to the subject, and which might bo introduced here if deemed
of the least importance. Candor compels us to say that our observations
of the results of the two systems forces us to the conclusion that sepa-
ration is wrong in principle and detrimental to the best interest of the
insane. While this is decidedl}' our opinion, however, we most cheer-
full}' admit that some of the asjdums for the chronic insane were
admirably managed in every respect, and their Superintendents intelli-
gent, zealous, and attentive men, devoting their whole time and all of
their energies to the unfortunate patients under their charge; and that
this is true of some of these institutions in all the countries we visited.
That atjOvid, on Lake Seneca, in the State of New York, with its

165

splendid location and beautiful and picturesque surroundings, especially
impressed us most favorabi}-, and was such a paradise in comparison to
the miserable wards of the poorhouses from which they had been taken
that we cannot but rci^ard its establishment as a boon to the insane poor
of the State. We failed to discover, however, even the shadow of a
reason why a person becoming insane in the neighborhood of tliis beau-
tiful asylum should be sent to Utica because he was considered curable,
and that one in Utica should be sent to Ovid because the reverse of this
was true. It would seem infinitely better that each asylum should
admit all of either class occurring in their respective vicinities. They
should be as successfully treated at the one asylum as the other; while
it is too plain a proposition to require argument that economy of trans-
portation and convenience to family and friends would bo best subserved
by keeping them at the asylum nearest their homes.

With regard to the results of treatment, the facts dieted are altogether
in favor of non-separation; the percentage of cures being less and that of
deaths greatest in those couiitries where the .system of separation is most
generally pursued.

CHAPTEE XIII.
TEEATMENT OF INSANITY.

Treatment in English Asylums — Mania — Epilepsy connected with Insanity — Paralysis
coimected witli Insanity — Melancholia — Observations on present Treatment of insanity.

TREATMENT IN ENGLISH ASYLUMS.

In the further report (1847) of the Commissioners in Lunacy for Eng-
land and Wales will be found a circular letter, addressed to the proprie-
tors or Superintendents of Asylums, containing several questions in
reference to their methods of treating cases of insanity, and the disor-
ders complicated with it.

These questions referred especially to the treatment adopted:

First — In mania.

Secondly — In epilepsy connected with insanity.

Thirdly — Paralysis connected with insanity.

Fourthl}' — In melancholia.

Eeplies were received from fifty-three physicians in charge of these
establishments, from which we extract the following as a fair specimen
of the whole, as elucidating the most approved methods of treatment
adopted at that time by the most learned men of the day.

MANIA.

First — in regard to Mania:

The Practice pursued at the Devon County Asylum, as described hyWoctor

Bucknill.

With hot scalp, full pulse, etc., from six to twelve leeches to the tem-
ples or behind the ears; the head shaved, and evaporating lotions applied;
a warm bath for half an hour at bedtime; the bowels open, by one dose

166

of calomel and jalap, folloAved, if neeessaiy, by salts and senna; then one
fourth or one third of a grain of tartar emetic in solution, every three
or four hours. The patient is nut kept upon low diet; he is clothed
warmly, and in the open air as much as jiossible, and the opi^ortunity of
muscular exertion and fatigue is allowed. If he does not sleep, two
drachms of tincture of henbane, with camphor mixed, are given at bed-
time; if this docs not succeed, one drachm of laudanum, with one drachm
of sulphuric aether, are given Avhen the acute symptoms have yielded.

"When the head is cool, the face pale, the pulse compressible, I give
warm baths, with aether and ammonia, and sometimes fether and lauda-
num, or Hoffman's anodj'ne, Avith aloetic aperients. When these symp-
toms are accompanied by great unsomnolence or restlessness, with illu-
sions, and when I can ascertain that the patient has been a drunkard, I
give wine, aether, and large quantities of opium, the indications of treat-
ment being the same as in delirium.

When the patient, with the ordinary symptoms of mania, presents
those of t^'phus fever, with sordes on the teeth, picking the bedclothes,
etc., 1 give warm negus, frequently ammonia, camphor, aether, with occa-
sional doses of calomel. I have fortunately never lost a patient suffering
under acute mania.

Bemarhs.

General bloodletting I never use, and cannot, therefore, give an opinion
upon.

Local Bloodletting

I use frequently, by leeches, to the groin, temples, or neck; or by cupping
the nape of the neck. In inflammatory diseases within the chest, I find
that free cupping between the shoulders, followed by the use of anti-
mony or mercurials, is sufficient, and that bleeding is not required.

Emetics •

I have given, with benefit, where exacerbation of melancholy is accom-
panied by foetid breath, or discharge of gluey mucous from the stomach;
also in incipient dementia with lethargy and indigestion, and for chronic
cough.

Purgatives.

Patients are often admitted with obstinate constipation, and for them
the stronger purgatives are necessary; but afterwards, this condition is
not allowed to prevail, and an occasional, or, if need be. a small daily
dose of compound rhubard pill, or castor oil, or decoction of aloes, or
house medicine, is all that is requisite. Five or six grains of calomel are
given when the state of the liver requires it, but I have now discontinued
the use of drastic purgatives. I have used them with decided benefit in
^maniacal cases, but have made up my mind that antimonials are more
manageable and safe. The house medicine above mentioned is made of
the sulphate of magnesia and soda, Avith senna, and extract of liquorice,
decocted, and peppermint water added, when cool ; the patients like it,
and a dose, to produce two or three dejections, will often cut short be-
ginning excitement.

1G7

Antimonials.

1 use tartar emetic frequently in acute and recurrent mania, dissolving
three or four grains in mint water, Avilh simple syrup, and giving one
twelfth part every three, or four, or six hours. After a few doses the
medicine does not usually produce sickness, the appetite is not dimin-
ished, and the patient often gains flesh during its use. Two or three
gamboge colored evacuations are generally passed in the day. I believe
that this medicine acts less by its depressing agenc}' than by some influ-
ence upon the congested capillaries of the brain, enabling them to con-
tract. I find that rejDeated doses of ipecacuana, though more nauseat-
ing, are not equally useful.

Opiates and Anodynes

I use sparingly. In the cases before referred to as resembling delirium
tremens, opium is given in large quantities. It is not given if there is
heat of the scalp and a strong pulse. In other cases of sleeplessness,
where it is not thus contra-indicated, it is usually combined with sul-
phuric ether, or with camphor. Hyoscyamus, in combination -v^ith ammo-
nia and camphor, is often given as a sleeping potion, but sleep is more
frequently induced by warm baths, cooling lotions to the head, or some
food in the middle of the night, than by means of narcotics. A plaster
of extract of belladonna is sometimes used to the epigastrium or peri-
cardium as an anodyne. Other narcotics have been tried without encour-
aging results.

Antispasmodics.

The compound galbanuni pill and mixture, containing the foetid spirits
of ammonia or the tincture of assafcetida, are sometimes given to females
Avith uterine derangement; but the only antispasmodic in frequent use is
the spirits of turpentine, given to epileptics with a view of reducing the
number and the severity of the fits.

2''onics.

Vegetable bitters, with ammonia and aromatic stimulants, or with
mineral acids, or with liquor potassie, or with small doses of iodide of
potassium, are frequently used; also, chalybeates, in the form of steel
wine or compound steel pills, or iodide of iron dissolved in simple syrup,
which prevents its decomposition, are given in numerous cases with ben-
efit. The only tonic not in general use which has been given is the sul-
phate of strychnia, in doses from the thirtieth of a grain upwards. It
is never given to produce nervous twitchings. It requires occasional
doses of aloetic medicines, and is useful in some cases of melancholia in
old people.

Stimulants

Are frequently used medicinally. Those preferred are rether and ammo-
nia, strong beer, porter, and wine. They are mostly given to patient-}
who are admitted in a reduced condition, or to those whose strength is
failing from general decay, paralysis, or other cause.

168

Bathing.

Tepid, warm, shower, and vapor baths are used. A tepid bath is given
to all the patients once a week in Summer and once a fortnight in
Winter, for the sake of cleanliness. Warm baths are constantly used to
allay excitement and to induce sleep. Shower baths are used as a tonic
to dysjjeptic and hysterical young patients, but not to old ones. The}'
are also sometimes given to the refractory as a penal remedj'. Vapor
baths have been tried upon some old persons suffering from melancholy,
with dry and harsh skin, it is thought with benefit, but further experi-
ence is required.

Practice pursued at Middlesex (or Jfanivell) County Asylum, as described by

Doctor ConoUy.

A kind and soothingrecej^tion, immediate removal of restraints, a warm
bath, clean clothing, comfortable food, encouraging words, a medical
treatment first directed to any manifest bodily disease which may
occasion fhe cerebral disturbance, as of the uterus, stomach, etc., or the
general loss of strength; and if such disease or debility is not manifest,
attemj)ts to allay the irritation of the brain more directly by leeches
occasionally applied to the head, gentle aperients, moderate doses of
tartarized antimony, sometimes combined with sedatives, cold applica-
tions to the head, blisters behind the neck, shaving the head, and friction
of the scalp with the tartarized antimony, the warm bath, or in violent
cases the cold shower bath eflSciently applied; tranquility, occasional
exercise in the open air, exercise and occupation in chronic cases, clean-
liness, order, good diet, attention to relieve heat and thirst, particularly
in the night, a careful avoidance of everything that can irritate the
brain, including the avoidance of the strait waistcoat, etc. Antimony
and all sedatives are of uncertain elfeet, and sometimes of none, time
seeming alone to effect a cure, provided proper and constant care be
taken of the patient. •

General Remarks.

It will be observed that I consider the direct treatment of any form of
insanity by mere medicinal aiDplication to be very limited; but the indi-
rect treatment of mental maladies by innumerable means acting upon
the body and mind of immeasurable importance. These means can, 1
believe, seldom be efliciently applied, except in well constructed and
well conducted asylums, superintended by well educated, men, aided by
benevolent and active attendants. By such means I believe many insane
persons to be capable of cure, and all, however incurable and hopeless,
capable of imjirovement and relief.

I will merely add, that I am convinced that general bloodletting is
rarely admissible, and generally dangerous in insanity, and that local
^bleeding by leeches is safe and serviceable in most cases. I have no
faith in emetics. I think purgatives are often needlessly employed.
Antimony is often of temporary service; sedatives, though occasionally
most efficacious, are also most uncertain in their effects. The acetate of
morphia, the hyoscyamus, and the cannabis indica, have appeared to mo
to be the most frequently useful. Tonics and stimulants are frequcntl}^
of service, and every form of bathing in different instances. I have
ceased to employ the douche bath, as it occasions more distress to the

169

patient than the showcv bath or tlmn cold affusion, without correspond-
ing benefit.

A liberal diet, moderate use of malt liquor, exercise out of doors,
employment, recreation, mental occupation, friendly intercourse, and
judicious religious attentions, are all important auxiliaries to amend-
ment.

Practice in the Surrey County Asylum, as described by Sir Alexander Morison.

If the patient is brought under mechanical restraint, this is removed
and the warm bath is generally employed. The hair, if considerable, is
thinned, and in some cases removed; and recourse is had to laxative
medicines, as jalap, rhubarb, seima, calomel, sulphate of magnesia, cro-
ton oil, castor oil. Nauseating medicines ^re sometimes given to allay
excitement — in particular, small doses of tartrate of antimony; also
sedatives, as hyoscyamus, morphia, camphor, nitre. Cooling lotions are
applied to the head. Topical bloodletting by cupping or by leeches
(general bloodletting has not been employed). Blisters to the nape of
the neck. Animal food daily. Porter or wine have in some cases been
given. Few recent cases of mania have been received, owing to the
vicinity of the public hospitals of Bethlem and St Luke's.

Practice pursued at Stafford County Lunatic Asylum, as described by

Mr. James Wilkes.

In the medical treatment of the cases of mania sent to this Asylum
the first indication is sought in the careful examination of the patients'
general condition, in ascertaining how far the cerebral excitement
depends upon increased vascular action, and in detecting the nature
of any bodily disorder that may be present. Although the latter is
often obscure, still soBie derangement of the thoracic or abdominal
organs, either functional or organic, is a constant comf)lication of mania,
and remedies directed to their relief are often sufficient to cure the men-
tal disorder.

In many instances the patient when brought' to the asylum is in so
prostrate a condition, either from exhaustion, produced by the disorder
itself, from having refused food, or from the extent to which bleeding,
purgatives, and low diet have been carried, that the course of treatment
is at once clear, and good nourishing diet, stimulants, and tonics often
restore the patient, unless, as is too frequently the case, the symptoms
of sinking have already set in.

The injurious effect of active medical treatment in cases of mania, and
the tendency there is to exhaustion and sinking is so fully established
that the general practice in this asylum is chiefly directed to supporting
the vital powers, subduing the cerebral irritation, and correcting the
existing physical derangement, not by any peculiar or specific mode of
treatment, but ujjon ordinary principles.

In pure cases of mania, however great the excitement may be, general
bleeding is never employed. The cerebral irritation is often materially
relieved and every advantage gained by local bleeding, without mate-
rially depressing the patient's strength. For this purpose, leeches to the
temples or belvind the ears, and cupping on the same parts or on the
nape of the neck, arc the means usually employed, due regard being had

170

in using these to the amount of vascular action and condition of the
patient.

Any obvious derangement in the patient's general health, or in the
function of any particular organ, is attended to, and appropriate reme-
dies prescribed; but the usually defective state of the digestive and
assimilative organs renders attention to them of much importance. The
bowels, when torpid, are freel}' acted upon, and if there is nothing to
contra-indicate such a course, the morbid and accumulated secretions are
removed by a dose or two of calomel, either alone or combined with colo-
cynth; and if the patient refuses medicine, croton oil and enemata are
employed. If there is much exhaustion, an enema alone is i^rescribed.

The various narcotics and sedatives are constantly used in this asylum
in the treatment of cases of mania, both acute and chronic, and though
thej' are uncertain, and no Very precise rule can be laid down for their
employment, thej^ are, on the whole, found to be highly serviceable.
They appear to be of the most benefit in cases attended with great ner-
vous excitement, and are of little use and often positively injurious when
there is much febrile disturbance, especially in typhoid symptoms or vas-
cular determination to the head. The description of narcotics to be used,
and also the dose, can only be determined by experience in individual
cases. The free action of the bowels should be previously obtained, and
then either solid opium, the tincture, Battley's sedative solution, or mor-
phia, are prescribed, combined in some cases with antimony or ipecacu-
ana, hyoscyamus, camphor, or aether. In cases of great excitement
any of these, in small doses, rather increase it, and it is important to
prescribe it in full doses and frequently to keep up the narcotic action
by repeating it every four or six hours. The Indian hemp has latterly
been used here, and, when genuine, is a valuable and powerful remedy.
In several cases in which I have emj)loyed it the excitement has been
subdued and sleep obtained, when largo and repeated doses of opium and
morphia only added to the restlessness of the i:^tient. Its after effects
also seem to be less injurious than those of opium; constiijation is not
produced, and the constitutional disturbance is often relieved.

When there is much febrile disturbance, with heat of skin and thirst,
the saline mixture (composed of liq. amnionic, acet. vin. antimon., pot.
tart., tinct. hyoscyami, potassa) nitras, and mixtura camphorse) is fre-
quently prescribed with good effect, the action of the skin being pro-
moted by it and the restlessness relieved.

In certain cases of acute mania, and also in the chronic form, the
employment of tonics is found to be of much use, especially in enfeebled
constitutions with weak pulse and depressed vital jjowers. Quinine,
iron, and the vegetable bitters, combined with stimulants and aromatics,
are prescribed in these cases.

The exitement in mania is rather increased than relieved by Ioav diet,
and the usual difficulty is to get the patients to take sufficient food. The
diet used here is ample and nutritious, and the principle of sui)porting
the patient's strength and making up for the waste and exhaustion which
are going on in the system, by an abundant supply of nutriment, is hero
^ fully acted upon.

Thus, patients who are laboring under much excitement are not
restricted to the ordinary dietary, but are supplied with meat daily,
soup, milk, eggs, sago, arrow root, etc., and often with wine, brandy,
ale, and other stimulants; and daily experience proves that in many
chronic cases life may be prolonged by a liberal diet, and that in recent

171

cases it alone often cures the patient and eron supersedes medical treat-
ment.

The use of the -warm and .shower l)ath is found here to he of mucli
importance in the treatment of mania. The warm hath seems to exert
a sedative influence in many cases of excitement, ami nuiy generally he
employed in safety. The tepid or cold shower hath, when cautiously-
employed, is also a powerful means of suhduing the paroxysm, and many
])atients acknowledge that it alone has cured them. It seems to be of
the greatest ])enefit in cases of mania attended with heat of scalp and
increased vascular action, and when unattended with much general dis-
turbance of the system or symptoms of thoracic or abdominal disorder.
In the latter complications the use of the shower bath is at once contra
indicated, and the warm bath may be substituted for it.

Cold lotions, ice, and cold aftusion to the head are constantly employed
whenever heat of scalp, suffused eyes, and increased arterial action indi-
cate fullness of the cerebral vessels.

In acute cases of mania, blisters are not often used here, as they serve
to add to the excitement by the irritation they produce. In cases of
chronic mania they are employed, and especially when there is evidence
of slow mischief going on in the brain.

Eemarhs.

Emetics. — These, as directed to the treatment of insanit}'', are never
employed in this asylum, nor are the depressing doses of tartarized anti-
mony which some practioners recommend. In cases of gastric or bihary
derangement, in which emetics would be indicated under other circum-
stances, they are occasionally employed.

To the observations on general bleeding I may add that not only is
there a want of proof of relief having been obtained by this popular
remedy in any of the cases brought to this asyluirf in which it has been
practiced, but its injurious effects have been so rej^eatedly and decidedly
witnessed, either in producing fatal exhaustion or reducing the patients
to a hopeless state of imbecility, that in cases of simple mania, uncom-
bined with inflammation, its adoption cannot be too strongly deprecated.

In reference to the diet of the insane, daily observation increases my
conviction that a liberal supply of good, nutritious food both adds to the
recoveries and diminishes the mortality in institutions for the insane,
being an important means of cure in recent cases and of prolonging life
in the chronic and incurable.

Practice pursued at Brislington House, as described by Doctors F. and C. Fox.

In cases of mania, which, we must observe, seldom come under our
notice in the incipient stage, we have rarely seen benefit derived from
general bleeding. Small quantities of blood are often abstracted by the
cupping-glasses from the nape of the neck; the bowels are evacuated
freely by aloetics combined with nauseating doses of tartar emetic taken
each night, and succeeded by castor oil in the morning. The cold plunge
or shower bath is usually taken each morning, and it is repeated with
much advantage in the evening in cases of sleej)lessness. In the more
protracted cases of mania, the principal medical treatment has consisted
of eounterirritants to the scalp or to the pit of the stomach, with atten-
tion to the state of the skin and bowels, the maintenance of a warm at-

172

mosplicre in the sleej^ing apartments, a plain and nutritious diet, and the
use of much exercise, unattended with violent bodily exercise.

Remarks.

"We have found it impossible to comprise under either of the foregoing
heads a large proportion of the cases which have been in this asylum, or
to describe any uniform mode of treatment as applicable to the cases in
either of the divisions. In those cases of moral perversion which occur
without the existence of any delusion, we have seen much benefit de-
rived from the system adopted in an asylum. In this form of insanity
we have generally discovered a propensity to excess in diet and to
intoxication, or to the indulgence of lascivious habits; and we have
found a spare diet, cold bathing, saline purgatives, early rising, and
active exercise, with a prolonged separation from the scenes and habits
of former excitement, most useful to such jjatients. We believe that
such a S3''stem can be enforced only in an asylum, and that moral treat-
ment and the services of a chajjlain are of much importance in these
cases.

General bloodletting is only resorted to by us in those cases of mania
in which the ^Jhysical condition of the patient induces the apprehension
of apoplexy, and never for the jDurpose of quieting a paroxysm of
excitement. Previously to admission, most of our patients have been
under medical treatment, and we have often had reason to suspect that
the general bloodletting to which they have been subjected has been
detrimental, and that it has in some cases induced permanent fatuity.
We have found general bleeding useful in some cases of melancholia.
In most forms of insanity, we find benefit derived b}^ the local abstrac-
tion of blood from the head or nape of the neck; in some cases, by the
application of leeches to the pit of the stomach, and in females, to the
groin. ?

We value antimonials in the treatment of insanity much less for their
emetic action than the change which they effect in the circulation, and
we find that this object is gained hj nauseating doses, which tend to
allay maniacal excitement and to procure sleep.

We consider that the use of purgatives is indicated in almost all
forms of insanity in the incipient stages, and we find them esjiecially
useful in melancholia, until th.Qj can be dispensed with by attention to
diet and exercise. Opiates and anodynes have frequently been resorted
to by us, with a hope of success which has but rarely attended their
use. In paralysis and epilepsy we have derived benefit from the use of
antispasmodics, tonics, and stimulants, and in some cases of melancholia
dependent upon uterine disturbance, but we have not found these reme-
dies in the treatment of mania.

We attach much value to the use of hot and cold bathing. In mania,
we chiefly use the cold plunging and cold shower bath, and we find the
warm bath and the cold shower bath, with the feet of the patient
immersed in hot water, more aj^plicable in cases of melancholia.

We are of opinion that maniacal and melancholic patients almost
invariably require a generous and nutritious diet; this we find to be
equally necessary in cases of chronic insanity. In epilepsy and paral-
ysis, connected with insanity, we often find it necessary to place the
patients upon a very restricted S3^stem of diet.

173

EPILEPSY IN CONNECTION WITH INSANITY.

iSceomlly — in regard to cpilcpBy, wc quote:

Eemedics used in Cases of Epilepsy at Devon County Asylum, as described

by Dr. Bucknill.

The i)atients are placed on a wholesome and nutritious diet and
regimen. Indigestion is treated by tonics and other appropriate reme-
dies; costiveness is removed by small daily doses of co. rhubarb pills,
decoct, of aloes, castor oil, or house medicine; when the fits are severe,
one drachm of spt. of turpentine, with mx. of liq. of potass, every four
hours; sinapism to the legs and feet, and three or four ounces of blood
from the neck by cupping.

Turi)entine undoubtedly diminishes the strength and frequency of the
fits, and I have only seen it once produce bloody urine. In young
patients, the frequent application of croton oil to the scalp, and the long
continued use of mercurial alteratives (hyd. chloria. is preferred) have
apparently" effected cures.

Remedies used in Cases of Epilepsy at the Middlesex {or Hanwell) Asylum,

by Doctor Conolly.

Cases of epilei')sy being generially associated with occasional mania,
are treated on the principles before mentioned. In the fit, care is taken
that the patient sustains no injury. Epileptics should sleep on low beds
or cribs, or beds on the floor. In the excited or maniacal state nothing
is done to irritate the patient. When restraints were resorted to the
epileptics were often furious, and generally dangerous; since their dis-
use, the epileptic ward has become the quietest in the asylum. I have
never seen a case of epilejisy in an adult permanently cured by any
medicine whatever. Attention to the general health, the occasional
application of leeches to the head, blisters behind the neck, and, in some
cases, an incision in the scalp, have served to lessen the cerebral conges-
tion. Setons appear to me to be useless, as well as issues, and all other
modes of severe counter-irritation.

Remedies used in Cases of Epilepsy at the Surrey County Lunatic Asylum, by

Sir A. Morison, M. D.

Many cases of this description have been admitted. In them attention
is given to the general health by remedies tending to improve the state
of the digestive organs.

Leeches, in some cases, have been of service; also, rubefacients, coun-
ter-irritants, and blisters, and tartrate of antimony, externally applied.

Preparations of silver and turpentine have been given internally, but
with little good eftect.

Organic mischief, to a greater or less extent, has been found in the
brain in all the cases of epilepsy, connected with insanity, Avhich have
been examined in this asylum.

Remedies used in Cases of Epilepsy at the Stafford County Asylum, by Mr.

Wilkes.

The cases of epilepsy usually sent to this asylum are usually connected
with congenital defect, or are of such long standing and so intense in

174

degree that any hope of cure or material relief is out of the question ;
and the only indication seems to be, to attend to the patient's general
health, and guard against and relieve cerebral congestion. In cases of
obvious debility the employment of tonics is of use, especially those of
the mineral class, as the preparations of iron, zinc and the nitrate of
silver. The excessive state of congestion which frequently occurs is
here treated by the free exhibition of purgatives, as large doses of calo-
mel and croton oil; the application of leeches or cupping to the temples;
ice, cold lotions, and cold affusions to the head, blisters to the nape of
the neck, stimulating pediluvia and enemata, especially those containing
turjientine and assafoetida. While the diet should be nourishing, it
should not be stimulating; and the disposition to over-nutrition should
be carefully guarded against. As a general rule, the free action of the
bowels is kept up by the frequent exhibition of purgatives.

Remedies used in Cases of Epilepsy, at Brislington House, by Doctors F. and

a Fox.

If such cases are of recent date, "we have sometimes seen good results
from the use of nitrate of silver, with small doses of turpentine; an
incision on the scalp, leeches on the perinaium, the tepid shower bath,
much friction of the skin, as much pedestrian exercise as the patient can
accomplish, and a restricted vegetable diet, have often been useful. By
paying close attention to the periodical tendency which this disease so
frequently displays, and by meeting the gradual increase of nervous
irritability by a small local bleeding and a moderate anodyne, we have
sometimes succeeded in prolonging the intervals between the attacks,
and on some occasions in effecting a cure.

PARALYSIS CONNECTED WITH INSANITY.

Thirdly — In regard to paralysis, Ave quote:

Remedies used in Cases of Paralysis at Devon County Asylum, by Doctor

Bucknill.

When the patients are not admitted in a bedridden and ulcerated con-
dition, good diet and regimen generally imj^rove the strength, and the
progress of the disease ajjpears to be very slow. A few leeches are
sometimes applied to the temples, when the face is apt to flush and the
scalp to become heated. Having observed that some patients who had
sore legs appeared to be more comfortable when the suppuration was
free, I have tried setons, but cannot as yet give an opinion about their
utility. In sinking cases, wine and porter are freely given, and slough-
ing sores arc dressed with equal parts of tinct. of kino and liq. of subace-
tate of lead, and a yeast cataplasm is applied for three or four hours
every second da}'.

Remedies used in Cases of Paralysis at the Middlesex {or Hanwell) Cmmty
Asylum, by Doctor Conolly.

The paralytic complication {p^aralysie generale of the French) makes
great care necessar}- to prevent injury to the patient. Good food, porter,
occasional tonics, and in all cases warmth and comfort, evidently prolong
life for many years. The patients neither bear reduction nor excite-

175

ment; even baths arc scarcely to be reconiinerMlcd. LccchcH and aperi-
ents are sometimes required to lessen contcestion in the head. Small
doses of calomel and squills have occasionally seemed useful, but I am
satisfied that all specific modes of treatin*,' this form of paralysis arc
inertectual as regards a cure. Man}- of the miseries of the malady, as
uncleanliness. ulceration, and fits of violent anger, are prevented or long
retarded by kind treatment and the absence of all bodily restraint.

Remedies used in Cases of Paralysis at the Surrey County Asylum, by Sir
Alexander 3forison, M. I).

The same may be said as to the existence of organic mischief in cases
of this description, of which a large number have been examined. The
remedies employed have been laxatives, leeches, blisters, generous diet,
and tonics, especially quinine. In most cases recourse has been had
to water beds on account of the extensive ulceration which frequently
attends the termination of these unfortunate cases.

Remedies used in Cases of Paralysis at the Stafford County Asylum, by Jir

WilJies.

Cases of paralysis connected with insanit}^ like those of epilej^sy, are
rarely sent to this asylum before the disease is in an advanced stage, and
as far as my experience goes, the patient in a hopeless and incurable state.
Life, in manj' cases, is prolonged by care and attention, and it is especially
needful to guard against congestion of the brain, and so to regulate the
diet as not to encourage undue nutrition and plethora, which is often at-
tended with serious aggravation of the symptoms. The occasional exhi-
bition of purgatives, and even those of an active character, are necessary
to relieve congestion, and the tendency, which usually exists, to consti-
pation. Local bleeding, by means of leeches and cuj)ping, to the temples,
behind the ears, or nape of the neck, is also emplo3-ed, together with
blisters and other counter-irritation, especially when there are sj'mptoms
of coma. The iodide of iron and a mild mercurial course, combined in
some cases with tonics, have been tried in this asylum, but without -pev-
manent benefit; the organic changes in the brain, upon which the disease
depends, aj^pearing to be be^-ond the influence of medical treatment.

Remedies used in Cases of Paralysis at Brislington House, by Doctors F. and

C. Fox.

"We have arrested this disease by the use of iodide of mercury, by the
prolonged application of open blisters to the parietal junction of the scalp,
and by the use of the electro-galvanic apparatus to the aftected portions
of the body.

As such cases have generally occurred in aged or wasted constitu-
tions we have often hjid recourse to chalybeate medicines, but have
experienced their injurious effects upon the mental disease. These cases
are rarely presented to our notice in a curable state.

176

MELANCHOLIA.

Fourthly — in regard to melancholia, we quote:

Remedies used in Cases of Melancholia in the Devon County Asylum, by

Doctor Buchiill.

I endeavor to apj)reciate and to treat the bodily condition wherever it
is disordered. In young women with suppression of the menses, I order
leeches to the vulva, hip baths, aloetic aperients, and often chalybeates.
In elder Avomen, at the critical jieriod, an occasional blue i^ill, a small
daily dose of decoction of aloes, vegetable tonics, sometimes galbanum,
or assafoetida, or chalybeates. In various cases Avith dj'spejDsia, I have
given bitter infusions with mineral acids or alkali, or gr. iij. doses of
iodide of j)otassium with liq. potasste or lime water.

In some cases emetics have been very beneficial, and shower baths arc
good tonics and safe in the Summer months. When pain, sense of burn-
ing, etc. is felt in the head, I have given blue pill to twitch the gums,
and used counter-irritation to the scalp. When the skin is dry, warm
bath with friction, or vapor baths are used. I have found the electro-
galvanic apparatus beneficial in some cases, when used moderately so as
not to produce fear or pain.

Remedies used in Cases of Melancholia at Middlesex {or HanioeW) Asylum,

by Dr. Conolly.

The attention is first directed to any manifest bodily disorder, or to
existing debility or plethora, often with the effect of curing the patient.
Leeches behind the ears or to the forehead, blisters behind the neck,
small and sometimes large doses of sedatives, give relief in some cases.
The warm bath is soothing; and, in some instances, the shower bath has
great effect. Occupation of mind and body, cheerful and encouraging
conversation, and the absence of all restraints or apparatus calculated to
alarm the patient, are of great importance; direct attemjits to stimulate
the faculties, by various impressions, hj frequent change of scene, or by
wine or spirituous liquors, are seldom successful, and sometimes very
hurtful. Tonics are, in some cases, serviceable, as calumba, cascarilla,
or preparations of iron. AVhen plethora is manifestly present, daily
saline aperients are generally useful.

Remedies used in Cases of Melancholia in the Surrey County Asylum, by Sir
Alexander Morison, M. D.

Few recent cases of this description have been sent to this asylum,
owing to the cause stated in regard to recent cases of mania.

Laxatives, sedatives, tonics, warm baths, shower baths, and blisters,
have been chiefly employed.

The most numerous cases are those of dementia, in a more or less
advanced stage. The object in them has been to improve the general
health. Warm baths, shower baths, and blisters, have been occasionally
employed.

In all cases where practicable, recourse is had to occupation, useful or
agreeable. As little restraint is employed as is deemed to be consistent

177

with the safety of the patient and of others, and this is continued for as
short a time as possible.

Remedies used in Cases of Melancholia at Stafford County Asylum, by Mr.

James WiUies.

This state is generally found to be connected with a low condition of
health and a depressed state of the vital powers, independent of direct
symptoms of c(fi-ebral disorder, and the medical treatment followed in
this asylum is chiefly directed to restore the functions of any organ
which may seem to be impaired, and to invigorate the patient's general
health. The frequent association of melancholia with various forms of
dj-spejisia and disorders of the assimilative organs is not overlooked;
neither are the defective quality and quantity of the urine, and the
changes which so often take place in its chemical composition.

The employment of purgatives is rareh' to be dispensed with, and
these are often required in large and repeated doses to obviate the ten-
dency to constipation which usually exists. The various combinations
of tonics and stimulants with purgatives are here advantageously used,
as the bitter infusions with sulphate of magnesia, and compound spirits
of ammonia, aloes, quinine, and iron, in the form of pills, with sulphate
of iron; alterative doses of calomel, or blue pill, are also given when
the functions of the liver are disordered. When there is headache and
symptoms of fullness in the head, the application of leeches is of service;
and much benefit is often derived in cases of melancholia from the regu-
lar use of the shower bath whenever there is no obvious reason for not
applying it.

►Sedatives and narcotics in various forms are used in this asylum with
gi'eat benetit, the restlessness of patients being subdued by them and the
nervous system tranquilized. The preparation of opium (especially
Battley's sedative solution), morphia, Indian hemp, hyoscj'amus, conium,
camphor, lactucarium, in diiferent combinations, are given with the best
effect. The diet in cases of melancholia requires regulating in reference
to the state of the digestive organs, but should always be nutritious,
and in many cases may be advantageously combined with stimulants.

Remedies used in cases of Melancholia at BrisUngton House, by Doctors

F. and C. Fox.

In melancholia which has succeeded to an attack of mania we have
so often found that the disorder has again reverted to the maniacal form,
that we generally confine the medical treatment to moderate evacuations
of the patient's bowels, with regulation of the diet, and we encourage
that increased indication to quiet and to sleep which such cases usually
exhibit. Melancholia, as an idiopathic disease, is the only form of insan-
ity in which general bleeding has appeared to us to be useful. In such
eases we often open the vena 8apha?na, prescribe warm and aloetic pur-
gatives, counter-irritation to the region of the stomach, Avarm bathing,
carriage and horse exercise, and animal diet.

TREATMENT AT THE PRESENT DAT.

The foregoing extracts show the most approved treatment of insanity
23

178

as practiced in the English asylums twenty-five years ago. In many
resjiccts it is essentially the same at the present time. A few of the
remedies then emjjloyed have been laid aside, or are regarded with less
favor now, while a few others' have been discovered or Ijrouglit more
2)romincntly to notice, and have been substituted for them or given in
conjunction with them.

General Bleeding.

General bloodletting was not approved by any of the authorities we
have quoted, though we see that the practice was spoken of as one too
much in vogue, and as detrimental in the extreme. Such is the tini-
versal opinion of the physicians at this time, and in no instance nor in
any form of insanity Avas it recommended by those with whom we met
as a proper remedy to be employed.

Local Bleeding.

Local bleeding, by cups or leeches, is still practiced by some physi-
cians, and regarded with as much favor as ever, "while it is rarely
resorted to by others, and therefore not so generally emj)loyed.

Counter -irritants.

Shaving the scalp, blisters, and counter-irritants, including sctons, are
also less employed than formerly, while tarl^ar emetic and digitiilis have
become extremely unpoj^ular with many, and are now cautiously and
sparingly used by all.

Baths.

Baths in all forms seem to be less used in England than formerly, and
in the asylums of the United States have a less prominent place than
they deserve, while in Italy, the German States, and in same portions of
France and Holland they are relied on as of paramount importance.
Indeed, they seem to be the chief agents employed in some of these
countries, and are administered in one way or other in nearly all forms
and jjhases of the disorder. The shower bath, the douche, the plunge,
and continued bath, are all supposed to have their peculiar virtues as
stimulants, tonics, or sedatives, and are used ad libitum et ad infinitum.
We have often seen half a dozen patients in one bathroom, each with
the head only visible, the body being immersed in warm water, and the
bathtub covered with a lid having a hole in one end to fit around the
neck. Here they usually remain from one to three hours; in some cases
six to eight hours, and in occasional instances for days at a time. Doctor
Gudden of the Asylum at Zurich, in Switzerland, informed us that he
had on one occasion kejit a man thus confined in a bath five days. In
this instance there was a high state of excitement connected with bed-
sores; and the treatment was for the double purpose of allaying the one
and relieving the other. The patient is represented as having slept well
during a portion of the time spent in the bathtub, while the bed-sores
were entirely healed. The most remarkable feature in this case was the
entire freedom from exhaustion or any other evil consequence. We
would have supposed that such relaxation of the phj'sical powers would
have ensued as to have rendered resuscitation impossible. We were
also informed that in a case at Vienna, where a man had been scalded by

179

steam, Doctor Hebra had him phiced in a tepid hath and kept there for a
l>erioJ of three weeks, until a new cuticle had formed over the entire
body. The patient recovered without inconvenience. This case was
not one of insanity, and has been introduced to show how much endu-
rance is possessed by some persons under peculiar circumstances, and to
direct attention to this treatment. The water, of course, was kept of
uniform temperature, and at such degree as was most agreeable to the
patient. The agonizing pain usually attendant upon scalds is said to
have been etfectually overcome. In most of the asylums in these coun-
tries there is a general bathroom for cither sex, and in many of them,
especially Santa Maria della Pieta at Eome, and St. Ann at Paris, are
fitted up in the most elaborate manner. In addition to the ordinar}'
appliances for the warm and vapor bath, the douche, plunge, anTl shower
bath, there are the Turki.sh and medicated baths, and a peculiar contri-
vance made with metallic pipes an inch in diameter, forming circles like
the hoops of a barrel. These tubes are perforated with innumerable
holes on the inner side, so as to send small streams of Avater under heavy
pressure upon every inch of the bod}' at the same time. This the poor
fellow has to submit to till the doctor or master of the bath concludes
that the object sought to be accomplished has been attained. It seemed
to us a frightful ordeal through which to pass, and from the contortions
and grimaces of the patients Ave infer it was regarded in the same unfa-
vorable light by them.

At the Asylum San Yon, at Eouen, presided over by Doctor Morel,
a Avriter well known to the scientific world, a man of ability, and a wor-
th}- successor of Esquirol and other celebrated men who had charge
of this famous old asylum in bygone days, we also found them both
much employed, and especially in the treatment of epilepsy. The
shoAver bath is used twice a day in these cases, after Arhich the patient
is Avrapped in a sheet. He reports one case of great violence entirely
cured by this method, in which bro. pot. and other remedies usually
resorted to had signally failed. He had also seen great benefit in other
cases, and entertained the opinion that no remedy equalled it with which
he Avas acquainted.

There can be no question about the efficacA' of baths in the treatment
of insanity, when judiciously prescribed and properly administered, but
like all other powertul agents they are liable to abuses, by Avhich they
are brought into disfaA-or. Doctor Blanche, of Paris, and Doctor Skae,
of Edinburgh, informed us that after many years of j^ersistcnt and suc-
cessful use of the Avarm bath in the treatment of acute mania, they had
been induced to abandon it entirely, for notwithstanding the happy
efiects derived from it in most cases, they had become convinced that
several patients for whom they had prescribed the warm bath had died
in consequence of its depressing influence.

AVe conclude, therefore, that baths, like most other valuable agents,
are too much used in some countries and too little in others. No remedy
is so general in its effects as to be applicable to all cases, and its tailure
to accomplish all that may be expected of it is no reason Avhy it should
be totally abandoned. Chloroform and opium are sometimes fatal when
administered in ordinary doses, yet they are too valuable to be aban-
doned on this account. Let us use all the remedies of value that science
has given to our profession, but let us watch their eff'ects and administer
them with prudence.

180

Purgatives.

With regard to purgatives, no change seems to have taken place for
many years. They are regarded as absolutely necessary in certain con-
ditions in all phases of insanity, the particular kind to be employed
being a mere matter of taste with the physician preserilnng them. Those
employed twenty-five years ago are as much in vogue to-day as they
"were then.

Emetics.

imetics are even less popular now than formerly, and are not often
administered. Indeed, what we have said of tartarized antimony in its
sedative :jnd other capacities may also be said of it as an emetic. Xone
of the emetics are popular remedies at this time.

Anodynes, Narcotises, etc.

Anodynes and narcotics, which have occuj^ied such a high place in
the confidence of most me(lical men who have been engaged m the treat-
ment of insanity during the last quarter of a century, are now being
subjected to earnest criticism by some, and almost angry, if not unrea-
sonable, opposition by others. They are remedies used in some form,
though in various degree, by nearly all the Superintendents of asylums
with whom we have met, regardless of country or difterences of opinion
on other subjects. Hence, we might naturally expect to find that they
have been misused in some, and greatly abused in other instances. Dr.
Maudsley, the President of the Psychological Association of Great
Britain, in an able and interesting address, read before that association
August third, eighteen hundred and seventy-one, made narcotics the
subject of special notice, and deprecated their use, in most cases, in
decided terms, denominating them the "chemical restraint," that had
been substituted for the mechanical restraint of forme^ times. It was,
perhaps, natural that this class of remedies should have been used to
excess in a country where public opinion had been so much excited by
and had waged such vigorous war against the employment of mechan-
ical restraint — even in its mildest forms — in any asylum in the realm.
In almost every asylum of ordinary size, there are a few patients who
at times become so much excited, and have such ii'resistible propensities
to injure themselves or others — to tear their clothing, indecently to
expose their persons, or commit other equall}' unreasonable acts — that it
becomes absolutely necessary to restrain them hy some means — mechan-
icall}^, if you choose, by seclusion in padded rooms; by the muscular
power of attendants, or by narcotics, anodjnes, etc. the "chemical re-
straint" of which Dr. Maudsley now complains. Mechanical restraint
being tabooed by public opinion, was not to be thought of ten or twenty
years ago. It would have cost any Superintendent in England his ofticial
head to have undertaken it, and let the fact be known. Seclusion, when
long continued, is attended with man}' evil results — loss of ajipetite,
depression of spirits, the engendering of filthy habits, or other effects
detrimental to phj'sical h( a'th and mental integrity. Attendants, unfor-
tunately, are not always blessed with that amount of sweetness of temper,
of untiring patience, and unlimited self-control, that will enable them,
either through a sense of duty or from Christian principles, when " struck
upon one cheek to turn the other," even though the ottender be a lunatic,
lience the necessity, in England, more than in other countries, of resort-

181

ing to sedatives and other chemical restraints to produce the quietness
and relief that couhl not otherwise Ic attained. The debate that I'ol-
hnved the reading of Doctor Maudsk'y's address revealed the fact that
ail did not agree in the views he had expressed; but, on the contrary,
man}' stoutlj' maintained that anodj-nes were among the most valuable
agents employed in the treatment of insanity; while all admitted that
cases did occur in which it was necessary to employ them in some form.
In such a discussion, it was natural to inquire which of the many neu-
rotic medicines was best calculated to accomplish the desired end with
least injury to the patient. Opium, morphine, Eattley's sedative, hyos-
ciamus, cannabis indicus, bromide of potash, chloral hydrate, and, in some
instances, a mixture of two or more of these drugs, was given prefer-
ence. But the most remai'kable and varied views were entertained with
regard to the effects and efficacy of the hydro-chloral. It is thought,
hy Doctor Eliys Williams and a few others, to be of little consequence
either one M'ay or the other. Doctor Browne, of Wakefield, has rei)orted
three cases of death from it in the asylum under his care — two of these
having occurred the same day, and within half an hour after taking
thirty grains of chloral. While Doctor Clouston, of the Cumberland
and Westmoreland Asj^lum, near Carlisle, and many others, have admin-
istered it in large doses with no dangerous sj'mptoms, but the best results.
It is used with more or less freedom in very nearly all the asylums of
Ital}', Austria, the German Sjfeates, Switzerland, and Holland; but very
rarely in France and Belgium. Doctor Lehman, of Pirna, in Saxony,
gives it in doses of from thirty to one hundred and twenty grains;
Doctor Koe])pe, of Halle, in doses of forty-five to one hundred and thirty-
five grains; Doctor G'uentz, of Thonberg, near Leipzig, gives from forty-
five to S3venty-five grains; and Doctor Ludwig, of He])penheim, admin-
isters from thirty to ninety grains, repeating the dose three times a daj";
while Doctor Leiderdorf, of Doblins, near Vienna, expresses the opinion
that chloral hydi'ate will supersede all other remedies as a quieting agent.
Dr. Professor Neri, of Perugia, Dr. Serafino BifS, of Milan, Dr. Poller,
of Illenau, and others, have also used it, and express the highest opin-
ion of it as a quieting, sleep-producing agent. Dr. Poller thinks, when
long continued, it has a tendency to produce congestion of the skin;
while Dr. Lehman thinks it has a tendency, under similar conditions, to
produce stranguary; but as he also gives very lai'ge doses of cannabis in-
dicus, it may iDossibly have been confounded with the effects of that drug.
In the asylums of the United States it has been more or less employed
for the last two years, and the testimony in its favor has been very gen-
eral. But few, if an}^, of the Superintendents claim for it curative prop-
erties, while nearly all regard it as one of the best hypnotics known to
the profession. We must conclude, therefore, from all the testimony we
have been able to collect from various sources, that chloral hydrate is
not only one of the most innocent but one of the best remedies that can
be used in most cases where sleep alone is the object desired. We know
that it, like most other remedies of its class, will fail to produce like effects
upon all persons; and it may be so much adulterated as to be either
worthless or dangerous; and in no other way can we account for the
varied results observed by the English Superintendents. We have
spoken more especially of this remedy because less is known of it by the
general reader than almost any other of equal importance. We prefer
to administer it in twenty grain doses, given at bedtime, and repeated
every hour till sleep is produced; and never to give it, or any other
remedy of its class, except when the end to be accomplished is esteemed

■ 182

an absolute necessity. Of this necessity the physician must be the judge
in each case as it presents itself. If chemical restraint seemed to be the
proper remedy, we would use it. If mechanical restraint should seem
of more importance in any given ease, we should not hesitate to employ
that instead of the other; nor can we see any good reason why the
physician should be left with unlimited power to use the more dangerous
remedy, while the other is entirely prohibited. The camisole or muff i.s
the only kind of mechanical restraint that should ever be employed
under any circumstances, excejjt for surgical reasons, and these only by
the order and in the presence of the physician. In these views we are
confident that two thirds of the Superintendents in Great Britain will
heartily concur, and at least nine tenths of those in other countries, in-
cluding our own. In truth, we are disposed to believe that mechanical
restraint is too freely used in most of the asylums in our country as well
as on the continent; and in this respect we go quite as far wrong in one
direction as they do in England in the other.

Dr. Morel, of St. Yon, is one of the warmest advocates of the non-
restraint system with whom we met in all France. lie had paid a visit
to Dr. Conoliy, at llanwell, where he had seen its practical operations
under the eye of the master, of whom he was an ardent admirer.
Having imbibed Dr. Conolly's views, he made to his Government one of
the ablest reports on the subject that we have read, and so thoroughly
was he convinced of the i^ropriety and practicability of the system that
he at once j)ut it in practice in the asylum over v^iiich he presided, nor
did he abandon it, even in surgical cases, until a deformity in a ca&e of
fracture of the leg demonstrated the absurdity of treating lunatics and
those jjossessed of their reason alike in all cases. Had this patient
been strapped to the bed during the process of union, this calamity
would have been avoided, and so it may be said of others of like char-
acter. Hence, Dr. Morel now thinks the use of the camisole as necessary
in rare instances as any other remedy intrusted to the judgment and
discretion of the physician, nor does he hesitate to prescribe its use
when he thinks the patient will be benefited, but uijder no circum-
stances does he permit an attendant to employ it without his direction.
The chemical restraint, opium, morphine, chloral, etc., are prescribed b}'
the physician only, and so should it ever be with mechanical restraint,
the camisole.

Epilepsy.

We have seen that the remedies employed in this fearful disease were
principally the metallic salts — nitrate of silver, oxide of zinc, citrate of
iron, bichloride of mercury, etc., assisted by setons, blisters, cups, pur-
g;^atives, and anti-spasmodics— and that all were equally UJiavaiUng.
The disease is still considered incurable by almost all who have been
called upon to treat it, though it is now claimed by a few that in rare
cases among the young, and especially in those cases w^iere insanity
supervenes on a previously existing epilepsy, it is not necessarily incu-
rable, and that, hi a large majority of cases, the frequcnc}^ and severity
~' of the attacks may be lessened, thus modifying the disease and amelio-
rating the unhappy condition of the patient. We have already stated the
treatment by shower bath pursued by Doctor Morel, at San Yon, and
given the results. Similar claims have been made by different persons
in favor of each of the remedies above enumerated. Thus, Doctor
Leiderdorf, of Dobling, near Vienna, reports one case, cured with ox.
zinc; another, when there was a syphilitic taint, with iod. pot. Doctor

183

Fisehel, of the Royal Bohemian Asylum at Prague, attributes the cure
in one caSe to Fowler's solution; and so on througli the entire list. But
the reme<ly most used in the present day, and that in which there is
most confidence, is unquestionably the bromide of potassium. It is given
by nine tenths of the i)rofession who have charge of asylums; and while
but few ascribe to it curative powers, most of them chum that it greatly
ameliorates the attacks, and often wards them off entirely during its
administration, thus giving its victims long intervals of relief and repose,
■while in a few instances complete restoration is effected. It is given in
doses varying from five to one hundred and twenty grains, according to
the urgency of the case and the peculiar views qi' the physician. Nor
is its emplo^-ment confined alone to the treatment of epilepsy. vSome
use it in tlic treatment of uj-mphomania and kindred affections, while it
is the only neurotic medicine emi^loyed by Doctor Blanche in his asy-
lum at Passy. He gives fifteen or twenty grains three times a' day as a
quieting agent. It is often administered in combination with other seda-
tives, anodynes, or narcotics — and is thought to increase their efficiency,
and is one of the few remedies that have attained almost universal popu-.
larity.

• P(xralysis.

In the treatment of this disease as connected witli insanity but little
change has taken place within a quarter of a century, unless, we should
say, it is not so much treated as formerly. Blisters, the galvanic bat-
tery, counter-irritation of all kinds, and the shower bath, seem to be less
used than formerl}^; while the only new remedy em2)loyed, so far as we
know, is the ergot of rye, as prescribed by Doctor Chrichton Browne,
of the AVakctleld Asylum in England. He thinks good effects have been
accomplished by its use, but sufficient time has not yet elapsed to test its
efficacy.

MORAL TREATMENT.

The moral treatment of insanity is considered of more importance by
many persons having charge of the insane than the medical, and the
tendency to this opinion seems to be graduall}^ increasing. It compre-
hends all of those means which operate on the feelings and habits of the
patient, and exerts a salutary influence by tending to restore them to a
natural and healthy condition. The means to be emploj'ed under this
head are as varied as the diseases leading to or the symptoms developed
by insanity. It is in the judicious employment of the remedies of this
class that the physician and the attendants are called upon to use the
greatest skill and tact of which they are capable, whether as connected
with individual cases or collective numbers. One importaiit particular
belonging to moral treatment has been alrcad}^ alluded to in our remarks
on the non-resti^aiut system. The English Commissioners in Lunacy say:

." There is nothing more important in the moral treatment of the
insane than the proper use of means wdiich contribute to their employ-
ment, both mental and bodily, and tend to withdraw their attention from
thoughts and feelings connected with their disordered state."

The provision made for the attainment of these objects in our asylums
cannot be too strongly recommended, nor insisted fipon with too much
pertinacity by those whose duty it is to watch over them.

Employment in agricultural labor, in the vegetable garden, among the

184

vines and fruit trees, or in cultivating flowers for their amusement and
entertainment, will be of the greatest advantage to all of the insane who
can be induced, either by persuasiou or slight compensation, to partiei-
l^ate in them. The general health will be imjJi'oved by this exercise
in the open air, the appetite increased, the nervous system is less easily
disturbed, the mind more composed, sleep is sweeter, sounder, and more
refreshing, and the patient, with less opportunity to brood over his
disease or imagined troubles and wrongs, gravitates naturally and by
degrees into old habits of thought, health, and cheerfulness; the equi-
librium is restored, and the patient is well.

Single Rooms.

Another matter coming under the head of moral treatment or manage-
ment may be properly mentioned here. It is the general opinion,
expressed in words and carried out in practice, that all excited patients
should be kept by themselves in single rooms, or cells, as they are unfor-
• tunately called throughput Europe; and especially, that they should be
so kept at night. Doctor Morel is decidedl}^ of the opposite o])inion,
and while he admits their necessity in a few isolated cases, has aemon-
strated to his own satisfaction that the theory is wrong and the practice
injudicious in most instances. He has, therefore, taken out the partition
walls between most of these cells and converted them into dormitories,
and assured us that where four noisy, restless, sleepless patients were
formely kept in single rooms, sixteen were now jDassing quiet nights,
sleci)ing M-ell, and giving every evidence of being better satisfied. He
argues that most of the excited, noisy patients are afraid to be left alone
at night, and that this very fear disturbs their quiet and prevents them
from sleeping.

Schools.

He has also recently organized a class of excited patients, which he
examines each day when passing through the wards. Thirty were in
attendance on the day of our visit, and we found them more quiet and
orderly than at any other time. All would clamor for the privilege of
showing how well they could read, or repeat some little piece of prose
or verses of j^oetry that they had committed lor the occasion, but as
soon as the doctor would decide who was entitled to the floor, all became
quiet and listened attentively till the piece was spoken, when they would
rise to their feet and again put in their claims, and so on to the end of
the recitation. They really seemed to take great interest in these exer-
cises, and doubtless many moments of comparative happiness were
passed in learning their Igssons that would otherwise have been spent in
miserable contemplation of their unhappy condition. These schools
have long existed in some of the continental asjdums, and a few in Great
Britain and Ireland, though this was the first and onl}^ one we have t;een
^ especially devoted to the excited patients. Music, drawing, and singing
are taught in most of the Italian asylums and in some of those in other
countries. At Aversa, near Naples, there is a regular band, who play
for their own amusement and that of the other patients. A theater has
been fitted up, in which they play, give concerts, and other entertain-
ments; and here, as at York, in England, and Moriiingside, in Scotland, a
printing press has "been provided, and the patients encouraged to write
articles that are set up and printed by themselves. Here, too, as at
Lyons, in France, Ghent, in Belgium, and Wakefield, England, we saw

loo

manj' looms, on which the patientss wove the cloth used by the asylur
At Sau Sorvalo, in Venice, the band plays every day from eleven

'lums.
to
twelve, and the patients are as much delighted as if at a regular concert,
while those who belong to the band gave signs of evident satisfaction.

In some of the asylums in Milan, schools have also been established,
but we will only make an extract from our notes of a visit to one of
them, the last we visited in Italy:

April od — To-day we visited the private asylum of Doctor Serafino
Blffi, one of nature's noblemen, who seems as generous as a prince and
as kind as a woman, one of those real loveable men with whom Ave
sometimes meet in our journey through life. The asylum is a quiet,
homelike place, such as we might expect to grow up under the care and
mauagenient of so good a man. No pains have been spared to make it
in reality a home for the homeless, and a retreat for the hcav}' hearted
and afflicted. Two teachers are employed, Avho, in addition to other
branches, teach vocal and instrumental music. They Jjlay and sing with
as much accuracy and expression as if no illusion or hallucination dis-
turbed their minds. They played and sang several pieces and tunes for
our benefit, and showed us some of their paintings and drawings that
would have been a credit to artists of no ordinary pretentions. Twenty
of the seventy-four patients in this asylum were engaged in these occu-
pations at the time of our visit, and as good order prevailed as at any
school to be found. Others were reading, playing billiards or draughts,
while others still were promenading about the beautiful grounds.

This, as we have stated, is a private asylum, where patients are
charged from sixty cents to two dollars per day, and is not given as a
specimen of the public institutions, which are greatly inferior to it.

The most thoroughly organJised school that we have anj'where seen,
however, was in the Eichmond Asylum, at Dublin. The system has
been completely established, and the organization as perfect as any
schools in the country. The able Superintendent, Doctor Lalor, has
taken great interest in and j)aid parcicular attention to the subject,
demonstrating not only the possibility of j)romoting good order and
discipline by means of schools, but also of increasing the knowledge
and improving the morals of persons while in a state of insanity. There
were about nine hundred patients in the asylum at the date of our visit —
August twenty-ninth, eighteen hundred and seventy-one — more than a
fourth of whom attended school. In the school for males we saw one
hund.el and twenty engaged in their recitations and exercises, which
v/ere conducted with perfect order and propriety. Eeading, writing,
arithmetic, object lessons, music, drawing, and painting are taught, and
Doctor Lalor informed us that considerable advancement had been made
by some, while all had been beuetited in a moral point of view; self-
control, power of concentration, and regularity of habits had been
attained in many instances where they had been totally absent before;
and that he regarded the school as one of the chief agencies in promot-
ing-good order and in establishing a comparative degree of contentment
and cheerfulness in his asylum. The school for females is conducted on
similar principles, though needlework is added to the list of studies in
this department. Six teachers, three of either sex, are regularly
employed, at salaries about double the amount paid attendants, and in
addition to their duties as teachers are required to assist in " keeping the
house in order." Some of them always accompany the patients in their

2-4

186

walks outside the asylum walls, in the public park, and other places to
which the}' are permitted to go. These teachers, being better educated,
more intelligent, and of a higher order than those whose services can
be obtained for the ordinary wages paid attendants, exercise a salutary
influence over the j)atienls at all times. Their morals, habits, and man-
ners, being thus cultivated and controlled, are necessarily improved, and
we confess our surprise at having seen this kind of occupation intro-
duced into so few of tl^e asylums of our own countr}^

DIRECTORS AND SUPERINTENDENTS.

Unfortunately the custom still prevails in some of the asylums on the
continent of placing a Director at the head of the institution. Its gen-
eral management, the power to emplo}' and discharge all the attaches
and attendants, and to say how the patients shall be fed, clothed, and
occupied, are invested in him, though generallj' a non-medical man. The
Medical Superintendent occupies a subordinate position. He of course
prescribes the medical treatment for all, and the diet for the sick, but no
other powers are assigned to him. As may readily be supposed, this
divided responsibility begets evil results. The physician is lessened in
public estimation; the employe and attendant look to the Director for
his position or his jjlace, and naturally take sides with him in any con-
flict of opinion that may arise. They place themselves in antagonism to
the wishes of the physician, and but half carry out his orders, and thus
destroy the harmonious workings of the institution.

In Cireat Britain no man is chosen as Superintendent of an asylum who
has not served as an assistant. He must be armed with recommenda-
tions as to his qualifications, standing, and moral character, and is sub-
jected to a searching examination. Having passed this ordeal and
obtained the jDOsition, he retains it for life, unless removed for cause.
He has supreme control of the asylum over which he presides, nominates
his assistants and other officers, and selects his attendants. He is paid a
liberal salary, and given one mouth's leave of absence each year for
recreation; and after serving fifteen years is allowed an annuity equal to
three months of his salary, jDrovided he desires to retire from service.
Harmony is the result of this system, and the consequence is good order
and thorough discipline in every asylum in Great Britain.

Under these circumstances, men of the highest order of intellectual
capacity and thorough education prepare themselves for the position of
Superintendent, and being under a local Board of Managers, and sub-
jected to periodical visitations by the Commissioners in Lunac}', strive
to merit their good opinion. These Commissioners are always men of
first class ability, high character, independence, and influence, who make
searching examinations, and comment uj^on matters as they find them,
without fear or favor, and are a power in the land that cannot be ignored
nor disregarded.

The vigilance exercised by the Boards of Commissioners in Great
Britain, and the admirable organization above referred to, make their
system superior to any that elsewhere exists, and should be adopted in
all countries with centralized Governments and circumscribed bound-
aries. The form of our Government, composed of thirty-seven States,
each managing its own local affairs and having its own method of pro-
viding for the insane (even if the vast extent of territorial limits did
not forbid), would render it impossible for such a system to be adopted
in the United States, while the small number of asylums in most of the

187

States would not justify the estublisliment of Boards of State Commis-
siouers.

In Ireland and in some as^iunis on the continent, in addition to the
resident officers, a Visiting Physician is ajjpointed, who makes regular
visits and consults with the Superintendent. The advantages claimed
for this custom by the Directors are, that he forms a link between the
asylum and the outer world; that the people have more frequent oppor-
tunities to converse with one who is in constant communication with the
patients within; that they can make more frequent inquiries about their
afflicted friends; and that a physician engaged in general practice is
better prepared to treat diseases of a purely 2)hysical character than one
"U'ho has devoted his time to the study and his energies to the treatment
of insanity alone.

An asj'lum should be open to the friends of patients at all times,
except when such visits might be thought by the Superintendent to bo
injurious to the patient; and even in this case the desired information as
to his condition might as properly be communicated by the Superin-
tendent as by the Consulting Physician. We are well aware of the
injurious effects upon the patients of too much indiscriminate visiting by
families or friends, but the propriety of these visits must be left to the
discretion of the Superintendent or other resident medical officer, and
these should ever be accessible to all who desire to make legitimate
inquiry as to the condition, prospects, and treatment of their friends.
They should be the " connecting link " mentioned by our friends in Ire-
land. The last reason referred to is of still less weight. AYe cannot
comprehend how any physician who does not thoroughly understand
the pathology and treatment of physical diseases can successfull}^ treat
persons who are insane, since we hold that all cases of mental derange-
ment are in some way connected with or dependent upon physical
disease.

ATTENDANTS.

To accomplish the best results, however, in addition to a skillful med-
ical staff and proper hospitals it is all-important that intelligent, patient,
and self-sacrilicing attendants should be procured; those who Avill not
only be attentive to their duties, but are kind and cheerful in disposition,
and who are possessed of tact and discriminating judgment.

For these reasons, liberal wages should be paid, and a system of
rewards established for those who are faithful to their trust and con-
tinue in the service. Eeasonable leave of absence should be given at
regular intervals to admit of visits to family or friends, and comfortable
quarters provided, that proper rest may be procured and contentment
prevail. Seeing that their comforts, happiness, and interests are not
overlooked, they will become interested in the duties assigned them and
in the general welfare of the institution with which they are identified.

In some asylums in this country and in Europe the wages of attend-
ants are regularly increased for a given number of years, and in some of
those in England and on the continent an annuity is allowed after a con-
tinuous service of fifteen years. These are all good features that may
well be considered in the organization of a hospital for the iiisane, as
nothing is more detrimental to the harmonious management of an asy-
lum tiian inefficient and constantly changing attendants. The best
authorities agree that there should be at least one attendant for every
ten patients; and we are thoroughly convinced that the number has not
been placed too high, for though some classes of jiatieuts require less

188

than this proportion, others need more, and cannot be properly treated
or managed without them.

"We also observed in a few of the English asylums a man and wife
acting as attendants in the wards for intirm men, and learned from the
Superintendents who had adopted the system that it gave great satisfac-
tion to the patients, and always added to the neatness and cheerfulness
of the VN'ards. That the restraining influence of woman and the sooth-
ing'effects of her tender care were as apparent among the insane as
among sane men; and if this be true, all will admit the propriety of the
system. For ourself, we would at any time rather .be nursed by one
woman than ten men, and in this respect we probably agree with all
classes of our fellow men.

We have thus given a brief synopsis of the treatment of insanity and-
the management of insane persons, as practiced in some of the best asy-
lums in most of the enlightened countries of the world; and it may
fairly be presumed that the medical men who have charge of them are
among the most able and learned of the profession to which they belong.
From this we hope the non-professional reader ma}^ be able to form
some idea of the methods of general treatment ordinarily adopted in
the usual forms of insanity. No specific treatment can bo laid down
that would be applicable to the same class, as this must vary with the
peculiarities of each case. But we desire to impress this important fact
u2)on the public mind, that "insanity is a disease of the brain affect-
ing the mind," and that an asylum is nothing more than a hospital
ada2:)ted to the treatment of this peculiar malady; that patients commit-
ted to its care will be skillfully treated and kindly nursed, and that if
sent in the early stage of the disorder a large majority will be restored
to health and to reason.

CHAPTER XIV.
INSANITY IN GENERAL.

Iiicrpaf^ed attention to Insanity — Growth of Hospitals in Unitecl States — Increase of Hos-
pitals in United States — Increased Accommodation — Ho.-pitals exliibit Insanity — Non-
residents— Slio'ald other States send their Insane to Calil'ornia — Insanity in other States
— liesults of Treatment — Curability of the Insane — Efteets of Eaiiy Treatment — Good
Hospitals necessary to Favorable Results — Results in our Asylum — Doubtful and Hope-
less Cases — Economy of Early Treatment — Probable Duration of Life in Chronic Cases
— Increase of Patients in our AsyUim — Causes tending to this Result — ^Vill the Cliil-
dren of Foreigners be as liable to Insanity as their Parents — Observations up<^n Phys-
ical and Moral Causes producing Insanity — Intemperance a Leading Cause oi Insanity
—Duty of State relative to Asylums — Physicians not generally Informed on the Sub-
ject of Insanity — Psychology recommended to be Taught in Medical Schools — Effect
of the Liberal and of the Economical Plan of Care and Treatment.

INCREASED ATTENTION TO INSANITY.

From the foregoing considerations, derived from various sources and
authorities, setting forth the history of insanity, the receptacles in
which the lunatics were kept, and the methods of treatment pursued
towards them, we learn that it is only within a centurj- that it dawned
upon the world that lunacy was curable in any considerable degree.
The doctrine, however, made very slow progress and but few converts.
Even in the beginning of this century, hospitals were built to give to
the insane a more humane confinement than the prisons in which they

180

had lieen kept could afford; and it was not till -svithin the recollection of
many now living that the faith in the euraljility of the disease became
general, eren among xn'ofessional men. llenc«, hospitals began to bo
built for the twofold purpose of custody and curability, for beside the
difficulty of managing and taking care of lunatics at home, it was found
that comparatively few recovered. From this period hosi)itals began to
be regarded as not only the best, but to most persons the only place for
the insane. Hence an increasing demand for their accommodation, and
though their numbers have multiplied with astonishing rapidity, and
have greatly increased in size, they are still inadequate for the recep-
tion and accommodation of all who knock at their doors, and with
piteous appeals seek admission for the treatment they afford and the
benetits they are known to confer. At the beginning of this century
there were only four receptacles for the insane in the United States, and
only one of these, that at Williainsburg, Virginia, devoted exclusively to
the treatment of insanity. Previous to its establishment, however, in
seventeen hundred and seventy-three, a ward had been set apart for
their accommodation in the Pennsj'lvania Hospital, and contained eigh-
teen patients as early as seventeen hundred and tifty-two. Similar insti-
tutions followed in seventeen hundred and ninety-seven — the Maryland
Hospital, at Baltimore, and the Bloomingdale Asjdum, at ^N^ew York.
But little attention, however, had yet been paid to this subject, and, as
will be seen from the following table, no other asylum was established
till eighteen hundred and seventeen, when the Friends opened one at
Frankford, near Philadelphia, followed the year after by the McLean
Asylum, at Somerville, Massachusetts.

GROWTn OF HOSPITALS IN UNITED STATES.

Showing date of establishment of the following Asylums, with a list of those

in process of erection.

The following hospitals first received insane patients before the year
eighteen hundred:

Philadelphia, Penn., Hospital. .1752
\yilliamsburg, Va., established
at that time 1773

Baltimore, Md 1797

Bloomingdale, N. Y 1797

Asylums Established between 1800 a7id 1820.

Frankford 1817 | McLean 1818

From 1820 to 1830.

Bloomingdale 182 1

Columbia, S. C 1822

Lexington, Ky 1824

Hartford, Conn 1824

Staunton, Va 1828

From 1830 to 1840.

"Worcester, Mass 1833

Baltimore, Md 1834

Brattleboro, Vt 1837

Columbus, Ohio, destroyed by

fire 1839

Boston, Mass 1839

190

From 1840 to 1850.

Nashville, Tenn 1840

Augusta, Me 1840

Philadelphia, Penn., Hospital

for Insane 1841

Concord, N. H 1842

Milled o-evi lie, Ga 1842

Utica,^>^. Y 1843

Insane Department of Phila-

deljihia Almshouse 1845

Flushing 1846

Providence, E. 1 1847

Indianajiolis, Ind 1848

Jackson, La 1848

Trenton, N.J 1849

From 1850 to 1860,

Jacksonville, 111 1851

Pulton, Mo 1851

Hai'risburg, Pa 1851

Stockton, t'al 1852

Longvie w, O 1853

Madison, Wis 1854

Taunton, Mass 1854

Hopkinsville, Ky 1854

Jackson, 3Iis3 1855

Flatbush, L. 1 1855

Canandaigua, N. Y 1855

Davtoh, 0 1855

Vrashington, D. C 1855

Dixmont, Pa 1856

Paleigh, N. C 1856

Aubiirn, K Y 1858

St. Vincent, Mo 1858

Northampton, Mass 1858

Kalamazoo. Mich 1859

Troy. N. Y ♦ 1859

Xewburgh, O 1859

From 1860 to 1870.

Kellyville. Pa 1860

Tuscaloosa, Ala 1861

Mt. Pleasant, Iowa 1861

Blackwell's Island, K Y 1861

Philadelphia City Asylum

Immigrant, N. Y ". 1881

Austin, Texas 1861

St. Peter, Minn 1866

Portland, Or 1869

Weston, W. Ya 1866

Ossawatamie, Kansas 1866

Mt. Hope Eetreat, Md 1867

Alameda Park, Cal 1867

Middletown. Cong 1868

St. Louis, Mo 1869

Ovid, N. Y 1869

From 1870.
Howard Grove, Eichmond. Ta 1870.

ASYLUMS IN PROCESS OF ERECTION.

Anna, 111.
Elgin, 111.

Independence, Iowa.
Catonsville, Md.
Towsontown, Md.
Ward's Island, N. Y.

Poughkeepsie, N. Y.
Columbus, O.
Athens, O.
Danville, Pa.
Buffalo, K Y.
Jliddletown, N. Y.

ESTABLISHMENT OF ASYLUMS IN THE BRITISH PROVINCES.

Toronto 1841 I St. John, N. B 1848

Quebec 1848 | Halifax, N. S 1859

During the next ten years, eighteen hundred and twenty to eighteen
hundred and thirty, the Blooniingdale Asylum was rebuilt, and four

191

others added to the list. Durinfr the iKvct ton years a like number were
built, but it was not till after cightoou huiuhx-d and forty, about the time
the miiiTl of the English jjublic was directed to the abuses existing in
the asylums of that country, and the heroic ctforts of Doctor Hill,
Charksworth, and Doctor Conolly to abolish the vile and cruel custom
of contining nearly all patients sent to asylums with chains, handcuffs,
and the straight jacket, had been crowned with success, that a general
interest in the subject, and a corresjDonding impetus was given to the
erection of asylums in this country. And as the result we see that
during the next ten years eleven asylums were built. In the ten years
that followed twenty-one were established; till to-day, as we see from
the table, no less than sixty-six asylums in perfect operation, accommo-
dating seventeen thousand seven hundred and thirty-tive patients, exist
in the United States, to say nothing of twelve others in process of erec-
tion. Some of these, in architectural elegance, completeness of design,
convenience of arrangement, adaptation to the purposes for which they
are intended, and beauty of location, are unsurj)assed, if indeed they are
equalled by any institutions in the world.

SnOWING INCREASE OF KOSriTALS IN THE UNITED STATES.

'^ c

7'^ 3

';^

■i

3 S''^

5^ o

3 '^3-

-i

■^2. 3

>-^

YEAR.

3
73

: c

; ^

ffl t.

: "-^

1844

17,069,453

»17,457

2,561 ]

14.67

1850

23,191,876

15,610

4,730

30.30

1860

31,443,.S22
38,555,983

23,999
37,382

50
66

t8,500 ]
17,735 i

70
268

35.42

1870

47.44

It is not in our country alone, however, that this increased attention
has been paid to the requirements of these unfortunate people. AVe have
already pointed out this fact with regard to Germany, and we might do
BO for every country we have visited — France, Italy, Belgium, Holland,
Ireland, Scotland, and Canada — but will be satisfied with a table setting
forth this progress in the United States and England, as specimens of
the whole:

* Including idiots, as these two classes were not separated until the census of eighteen
hundred and fifty.
t See Journal of Insanity, Vol. XVIII, p. 2.

192

Table,

Showing the per cent of the Insane provided loith Hospital Accommodation in
the United States and England at different periods.

UNITED STATES.

ENGLAND.

CD
P

^.?

1 H

1 ">

5" 3

Propoi
sane
hosp
mod

P a

c o

^ P^ -/; f^

M- ^* OT (-V

- ^"xj ^

■D 3

l"2.

iou
uppli

tion .

-" t— I

; 3

: »
: 3

of In
od wit
accom

: fs

of In

ed witl
accom

■

1850

15,610

4,730

30.30

1847

26,516

13,832

52.00

1860

23,999

8,500

35.42

1857

33,791 "

21,344

63.00

1870

37,382

17,735

47.44

1867

49,082

31,914

67.00

INCREASED ACCOMMODATIONS.

From the above table it "will be seen that of the "whole number of luna-
tics in England in eighteen hundred and fort"^' -seven, fifty-two of every
hundred "svere provided "with asylum accommodation; and in eighteen
hundred and sixty-seven, sixty-seven per cent "were provided for. In
eighteen hundred and fifty, the asylums in the United States accommo-
dated only thirty per cent, and in eighteen hundred and seventy, forty-
seven per cent. As rapidly as insanity has appeared to increase in these
countries within the twenty years specified, this shows that the pro-
visions made for the care, comfort, treatment, and restoration of its vic-
tims have outstripped it by fifteen per cent in England, and in the
United States by seventeen per cent.

*As given in the reports of the Commissioners in Lunacy, including idiot.s.

11>.3

rriCCr/i'^n I

= -" - s

•t ° " s a

■2 a 3 S S

: 3 o 3 2

: ^

3°32

'er

<sS!u^;ii

►- -I 15 is Ol
►-C/jilCiij

1-1 1-. 1— to M ;

I— H-^UilOM

M ^ C2 OS IC c^

lo II lo tt. c; 3?

I— ' W CI oc O p
CilOOSH- w

u t^i M c L'i i:<

.1- ClIOOSl— o

— ►-•iSwTOJIp

tc c: o --^ o fco
c; oc w o rf- ►!-

=i 5 -^
-< h-2

•oi«iv'

••OIBUIO,.X

►- b s; be ia

'X i- ^ ^ 'X

lo -J

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J^. -! O V " O

o 2 o So

» o o o o

o E 2 S-2

* H>' -js 3 'A

Wox

•81BK

"aiBtnaji

WOX

OTBir r- b. ^

ib;ox

•31BK

•9IBi\r

•aiBnia^^

■ li»;ox

iPo ^ I

•aiupisr

■■0[Bnioj

a <5

o q

■ l«|ox

Co
ft

~. 1-3

i:y

iy4

Although this table does not show that ninety, nor -even eighty per
cent have been restored in those cases treated within twelve months
after the accession of the disease, it does show that of all the recoveries
more than seventy-eight per cent were cured within that jDeriod, and
that less than twenty-two per cent were cured where the treat-
ment Avas commenced after the disease had existed more than one year.
It is the exj)erience of the Southern Lunatic Asylum, of Ohio, that only
seventeen jjer cent get well where the treatment has been deferred for
two years and over, and in some other asylums that only eight per cent
recover under such circumstances. Let us add to the large percentage
of recoveries of those treated in the early stages of this malady, the
usual number of deaths occurring in asylums, and it is quite certain
that a small proportion only Avould remain as chronic cases to be sup-
ported by the State during the remainder of their days, which, as Avill
presently appear, is about seventeen years.

GOOD HOSPITALS NECESSARY TO FAVORABLE RESULTS.

These results, of course, can only be expected, under the most favor-
able circumstances, when all of the conveniences, comforts, and ap-
pliances of the most approved hospitals and the best medical treatment
are brought to bear upon the disease. It is hoj^elessly impossible for
any amount of care and attention, any degree of medical skill that the
power of man can supply, to overcome the disadvantages and drawbacks
of a poorly constructed hospital, with its ill ventilated and overcrowded
wards, where proper classification and necessary sanitary regulations
cannot be fully carried out, such, unfortunatel}^, as are some of the
wards in our own asylum. But notwithstanding all of these draAvbacks
and disadvantages, the percentage of cures to admissions is surpassed
by a few only in any country.

RESULTS IN OUR ASYLUM.

In eighteen hundred and seventy there Avere but fcAv asylums in the
United States that shoAved so large a percentage of recoveries, Avhile
the average in all is far below ours. This may be accounted for in a
measure from the fact that a large majority of the 2:)atients are sent to
our asylum at an early period after the accession of the disease, Avhile it
is yet Avithin reach of the physician's skill; and none can doubt that the
same amount of care, Avatchfulness, and skillful treatment in a better
arranged and less croAvded hospital would largely augment the per-
centage of cures and lessen the percentage of deaths. They are sent
to the asylum at an early period because it is not only knoAvn that they
Avill be received, but kindly and skillfully treated, and that the chances
of recovery are greatly in their favor. The very character of the popu-
lation, too, leads in some degree to this result. Many are without homes
and families; but fcAv are blessed Avith kind and steadfast friends to
look after, Avatch, and nurse them Avhen the evil day comes, and as there
is no other place for them they are sent to the asylum, fortunately for
them, in time to be treated Avhile there is yet hope of recovery. .Under
these circumstances a large number get Avell and are restored to society
and the State. But, us already stated, under more favorable conditions,
with a hospital less eroAvded and better ventilated than many of the
wards in our asylum are, with facilities for proper classification, and
Avhere there are not so many for the medical ofiicers to Avateh and pre-

1!).")

scribe for, u niuoh larger miiiil>er would recover. AhimchinL evidence
has been adduced in another place to show that large asylums are not
considered the best in any point of view — neither for curative purposes
nor on economical grounds; the latter being the only argument that has
ever been brought forward to justify large establishments for the treat-
ment of the insane.

DOUBTB'UL AND HOPELESS CASES.

We are fully aware that many cases of insanity are incurable from
the beginning. The very causes producing it places recovery be3'ond
the bounds of probability, if not of possibility. Thus, when apoi^lcxj-,
palsy, or constimption, epileps}', or even masturbation is the cause pro-
ducing mental alienation, there is but little hope, and all who have been
deprived of treatment for more than two years have forfeited their best
chances of recover}' and gone within the limits of chronic insanity,
from which but few return with mental integrity. Fortunately, there is
not a large projiortion of these committed to our asylum, and had the
oft repeated recommendations of our Superintendent been heeded by our
legislators the accumulated numbers Avould not have reached such
appalling proportions.

SOME SELF-LIMITED, 1!UT MOST REQUIRE TREATMENT.

While the cases Ave have been considering are of such a hopeless
character, others apj^ear to be self-limited, and if left to themselves or
removed from exciting causes and disturbing influences will recover.
But far the greater number require treatment, medical and moral. In
most instances this can only bo accomjjlished in hospitals. Men of dis-
ordered mind, when they }ieed a change of air or scene, cannot go to a
hotel or private boarding house, or even to the house of a friend, Avhen
they are so fortunate as to have the one or possess the means to com-
mand the other. They require more caution, forbearance, and oversight
than those who are mere invalids suffering from ordinary diseases.
Many of them are susjjicious, and annoj'ing to those about them, and
dangerous to themselves and others. They must therefore go to hos-
pitals, places, or people devoted to their care, and prepared to give them
the needful attention and watchfulness. But hospitals are too expensive
to be provided even by the rich, Avhile a large majority are ])oor or
entirely destitute. It is therefore the duty of the State to provide these
hospitals, that all may receive the early treatment so essentiallj' neces-
sary to their restoration, not only that they may cease to be a burden
upon the State, but that they may return to it and to society the benefits
of their labor and usefulness.

ECONOMY OF EARLY TREATMENT.

To show more clearly the economy of early treatment, the following
table has been prepared and introduced. It shows that of all the cures
effected in the Worcester Hospital during a period of fifteen years, those
treated during the first j'ear of the attack required an average of five
months and ten days; Avhile all Avho recovered whose treatment com-
menced after the expiration of one year, required to be treated ten
months and ten days — showing conclusively that it cost the State only
half as much to cure the earlier cases. And when it is considered that

more than three times us many of those treated iu the early stages got
well than of those treated at a later period, it will be seen that the
advantages of the former are immense.

Let lis add to this the large proportion of those who never recover
when treatment is postponed, and who consequently are added to the
chronic list to be maintained ^through life, and some idea of the advan-
tages of early treatment may be comprehended by the dullest mind.
The table also shoAvs that the average duration of treatment in those
Avho died during this period was four years, three months, and twenty-
two days.

Table,

Shoioing the duration of Insanity of those who recovered in the Worcester Hos

pitalfrom 1833 fo 1848.

Duration of In-

-1

o
•-^

O
»

Total Duration
of Insanit3\

Average Dura-
tion.

Total Time in
Hospital.

Average Time
in Hospital.

sanity previ-
ous to Admis-
sion.

a
p
pi

•

Months...
Years

10
9

One year or less.

More than one

year

1,179
201

855
IjlSl

25
6

i 8

21
12

523

173
33

7
2

5 i 10

Unknown

■ 24

Duration of Insanity of those who Died.

No. Cases.

Years.

Months.

Days.

Years.

Months.

Days.

272

1,171

5 29

1
3 22

Frohable Duration of Life in the Incurable Insane.

Males.

Females.

Average Duration of Life.

Age.

Insane.

Sane.

21.31

28.66

24.99

36.32

20.64

26.33

23.46

34.54

17.65

21.53

19.59

23.46

13.53

17.67

15.60

19.59

11.91

12.51

12.21

15.60

Average...

16.74

29 years.

107

PROBABLE DURATION OK LIFE I.V THE CHRONIC CASES.

This tabic shows the probable duration of life in the incural)lo insane
to be about seventeen years, while that of the sane of similar ages is
twenty-nine years. This is doubtless as applicable to California as to
Massachusetts and other countries, and will enable us to estimate with
tolerable certainty the length of time we will have to support a largo
majority of those in our asylum at the present time, as well as to appre-
ciate the great diiference between the cost of cure and the burden of
maintenance.

INCREASE OF PATIENTS IN OUR ASYLUM IN TEN YEARS.

During the last ten years the average annual admissions in our asylum
has been three hundred and fifty-eight, and the average annual increase
sixty-seven. In eighteen hundred and sixty every fifteen hundred
and thirty-two inhabitants of the State furnished one insane person
from their numbers, and in eighteen hundred and seventy every nine
hundred and sixty-four furnished a lunatic; or an average of one in
twelve hundred and forty-eight for each year from eighteen hundred
and sixty to eighteen hundred and seventy. This is an annual increase
of twelve and six tenths per cent. Since the asylum was opened
in eighteen hundred and fifty-one, there have been admitted five thou-
sand six hundred and eighty-one patients, of whom forty-seven and
sixty-eight one hundredths per cent were cured, nine and sixty-eight
one hundredths per cent were discharged or removed uncured, twenty-
three and forty-six one hundredths per cent died, and nineteen and
eighteen one hundredths per cent remain, most of whom must be left as a
charge upon the Treasury during the rest of their days. This is indeed
a serious state of things, and behooves us seriously to look the facts in
the face, endeavor to find the causes, and if possible devise means to
arrest the progress of this fearful malad}'" ere it gets bej'ond our power
to control it. In eighteen hundred and forty-six, according to tables
prepared by Doctor Campbell, of New South Wales, there was in that
colony one insane person to eleven hundred and fifteen inhabitants, at
the next census one to four hundred, and in eighteen hundred and sixty-
seven the proportion had risen to one in three hundred and eighty-seven.
This more nearly approximates the increase in California than that in
any other country; and as there are many points of resemblance be-
tween the two, it Avill be well to note what observers there have said in
regard to the subject. Doctor Norton Manning, wdio was appointed by
that Government to make an investigation similar to the one in which
we have been engaged in behalf of California, made to his Government
one of the most able, complete, and interesting reports that we have
seen. A sjaiopsis of this valuable document will be found in this report.
On the increase of insanity he uses the following language:

" This increase is to a great extent accounted for by the growth of a
large mass of chronic insanity, which perhaps even yet has scarcely
reached its limits. In the earlier emigrant days of the colony, notwith-
standing, as has been said by an authority on this subject, that every
emigrant ship brought one or two either insane or soon to become so,
the vast mass of the population came in the prime of mental and bodily
health. Their sick had been left behind in their fatherland. It would
necessarily take some years for those becoming insane and remaining

198

incurable to grow old within the asylum walls, and reach by accumula-
tion to that number of old, chronic, and incurable cases "with which all
other countries are burdened. It may be fairly estimated that, if the full
extent of increase from this cause has not already been reached, it must
soon be so, and that the number of removals by death will reach the
proportionate number of yearly entries on this greater chronic list, and
so a balance will be effected. Upon the whole, then, though the con-
templation of this mass of suffering humanity must occasion deep sorrow,
the Colony of New South Wales has cause for a feeling of satisfaction
on estimating the number of its lunatic population. With some causes
in addition to those existing elsewhere, the ratio of its insane to popu-
lation is not now markedly above that in most of those countries where
the numbers have been ascertained with even tolerable exactness. These
special causes will, it is to be expected, gradually disappear; the convict
element will become fainter; the excitements of life will diminish; it
may fairly be hoped that the use of poisonous alcoholic comjDounds, also,
mil decrease with the increase in quantity and diminution in price of
wholesome colonial wine and beer, as well as under the better moral
feelings of the future. With the diminution of these, the special causes
of insanity in older countries may make their appearance; but it can
scarcely be supposed that the ratio of insanity will rise higher than at
present. A ratio equal to this, though the burden is gi-eat, is borne
cheerfully by States not more wealthy than New South Wales, both in
the Old World and the New."

In sj^eaking of the causes, he says: "First, the earlier population
came under exceptional circumstances — the relations of crime and in-
sanity arc very intimate; second, the ups and doAvns of early colonial
life, the influence of the gold diggings; third, the lonely life of the
shepherd, alternating with long periods of debauchery; fourth, the
abuse of ardent spirits in a warm climate. On the other hand, the ab-
sence of grimding poverty and the salubrity of the climate tend to dimin-
ish mental disease." .

With the exception of the convict element in the population of New
South Wales, what is here said is as applicable to this State as to that
colon3^

CAUSES TENDING TO THIS RESULT.

These causes have acted as powerfully here as there, and Dr. Manning
might have added, with equal propriety, other causes that act quite as
potently in producing this malady as any of the foregoing:

First — The total change in the habits of life.

Second — The absence of those salutary restraints imposed by the pres-
ence of well organized society.

Tldrcl — The separation from family and friends; and, above all, the
strange and mysterious influence of being aM-ay from home in a foreign
land. In many cases with no mother nor sister near to watch over and
care for them in sickness; no wife by to soothe their sorrows with cheer-
fulness and smiles, and by tender sj^mpathy drive away the gloom of
despondency, and with heroic fortitude encourage them after failure in
some cherished project again to buckle on the armor of determination
and fight for success.

All of these causes, and doubtless many otkers, must be operating,
with various degrees of activity and power, on the foreign born citizens
of our country and State — in what degree in the different States and Ter-
ritories Avill be seen in the table next hereafter; while the succeeding

199

table has been prepared to show the relation of California in this respect
to the whole eountr}'; the next to show the rate of increase of the popu-
lation, the insane, and the idiotic, from the birth of the State to oii^litecn
hundred and seventy; the next to show the percentai^es of these ele-
ments; the next table shows that more than sixty-two per cent of the
population of California in eighteen hundred and seventy were born in
the United States, while less than thirt^'-six per cent of the insane were
supplied from their number — bciiii;; a pro])ortion of one to eiirht hundred
and fift_y-ciii;ht. The proportion of citizens of foreign birth is thirty-
seven and forty-five one hundredths per cent, and the proportion of the
insane from their numbers sixty-four and thirty-nine one hundredths
per cent, or one to two hundred and eightj^-four; thus showing that per-
sons of foreign birth are three times as susceptible to the invasions of
insanity as those who were born in the United States. By reference to
the table next hereafter, it will be seen that the proportion of the foreign
element is much greater in California than in any other State, and there-
fore we need not be surprised at the greater increase of insanity in our
midst. And as the same causes, operating under similar circumstances,
will always produce the same results, we may reasonably expect the
growth of lunacy to continue till these conditions are changed.

2t)0

H
<l

h- 1
P

't^

'l^

§^

^
»

S '^

fi<

.^ '^

f<^

Proportion of roroign
Insane to jSTativo
Insane

Proportion ol' Foreign
Insane to Foreign
Population

Proportion of Native
Insane to Native
Population

Proportion of total In-
sane to total Popu-
lation

Foreign Insane.

Native Insane.,

Total Insane.

Foreign Population.

Native Population.

Total Population.

pi;
P5

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202

RESULTS OF TREATMENT.

Having considered the subject of the treatment of insanity and the
ra2)id growth of hospitals, and having shown how rapidly insanity itself
has apparently, if not actually, increased in all countries during the last
ibrty years, let us consider the far more important subject of the results
of treatment in the various countries under consideration. The first of
the accompanying tables shows the number resident at the beginning of
the year, the admissions, numbers treated, recoveries, and deaths, with
projDortions of recoveries and deaths in the asylums of the several coun-
tries from which returns could be obtained and of the latest dates that
could be procured:

While the last table sets forth similar facts for one hundred and thirty-
six of the one hundred and forty-nine as3'lums visited, the results as
exhibited in this table are for the year eighteen hundred and sixty-nine
in the United States and Canada, and for eighteen hundred and seventy
in the other countries. Though these tables differ in results in some
respects, they agree in showing that the largest proportion of recover-
ies to numbers treated and the smallest percentage of dealhs to numbers
admitted are in the United States. This, of course, ma}- be the result of
accident, as it requires a series of years and a knowledge of all the facts
to enable us to draw positive conclusions in matters of this character.
The average per cent of cures to admissions in all the asylums visited
was thirty-four, Avhile in the United States it was thirty-seven. The
average of deaths to admissions in all was twenty-seven, and in the
United States only seventeen. This we believe to be owing to the fact
that the patients in our asylums are allowed a more liberal diet than in
any other country, and that the debilitating effects of the continued bath
so commonly used on the continent are entirely ignored in this country.
There may be other causes operating to produce this remarkable differ-
ence (sixty -three per cent) in the mortuary lists of all other countries, as
compared with our own, though the two above cited seefc. fully adequate
to the result.

As already seen in the foregoing table, of all the patients admitted
during the year, in the one hundred and thirty-nine asjdums under con-
sideration, thirty-four per cent were cured, and twentj^-seven per cent
died, leaving thirty-nine i^er cent, most of whom must be added to the
chronic list, and thus swell the number of the insane. This is doubtless
as favorable a showing as could have been made had all the institutions
in the world been comprised in the list, as many of these are considered
among the best asylums ever established, and are conducted by as able
and learned men as have lived in any age. Well may we inquire, then,
" if this is a necessary part of our natural condition or our civilization,
to make this annual sacrifice of regiments of men and women on the
altar of mental destruction, can the causes producing these effects in any
way be avoided, and some of this sacrifice be prevented?" We will jDermit
-others of more experience and wiser heads to answer the question.

CURABILITY OF THE INSANE.

" In a perfect state of things, where the best appliances whi ch the
science and skill of the age have jDrovided for healing are offered to tho
lunatics, in as early a stage of their malady as they are to th o^e whe
are attacked with fever or dj'sentery, probably eighty, and possibly

203

ninety, per cent would be restored, and only twenty, or perhaps ten, per
cent would he left anioui; the constant insane pO]nilation." — Dr.Jarvis.

Referrinii; to this assertion, it is stated, in reference to the Utica Asy-
lum, that ''its influence has been such that every acute case liappenini;^
in the county is at once placed under hospital treatment. The result is
that only jice per cent of those treated in the early 8ta<^e of the disease
remain as incurables; thus more than verify ini;^ the assertion of Doctor
Jarvis.*

Doctor Tuke says: "It is of great practical importance to remember
that the chances of cure are very much greatc^- in recent than in chronic
cases. This is clearly shown by the experience of the lietreat, in the
followiuo- table :f

Proportion of Mecoveries on per cent of Admissions..

York Ketreat— 1796 to 1857.

DURATIOX OF DISORDER WHKX ADMITTED.

Male.

Female. I Averacje.

First attack and within three months 72.97 j 73.23 73.10

First attack, above three and within twelve ;

month s I 43.07

Not first attack, and within twelve months 59.44
First or not first attack, and more than'

twelve months I 13.29

i 1

Totals ! 49.54 ! 49.50 49.44

44.2

43.66

67.01 j

63.77

22.59 !

18.20

EFFECTS OF EARLY TREATMENT.

The Superintendent of the Southern Ohio Lunatic Asylum, in his
report for eighteen hundred and sixty-nine, shows how the expectation
of recovery diminishes almost in exact proportion to the length of time
the disease has existed, thus:

DURATION.

Admissions.

Kecoveries.

Per Cent.

One month

530
219
164
98
177
239
163
191

363
141
88
53
83
103
47
33

68.49

Two months

Three months

Four months

63.01
53.65
54.08

Six months

46.32

Twelve months

43.09

Two years

28.83

Over two years

17.32

* See .Journal of Insanity, Vol. XXVII, p. 332.
t See Bucknill and Tuke on Insanity, \). 2(51.

204

The above table is for the period of years from eighteen hundred and
fifty-five to eigliteen hundred and sixty -nine inclusive.

This is a universally admitted fact which has been proved by the expe-
rience of hospitals almost without exception, and is by far the most
powerful agent that can be employed in preventing the increase of
insanity in our midst — at least in preventing its accumulation in our
asylums. But as the exj^erience of individual asylums may not be con-
sidered a fair test of so important a matter, Ave add the following table
showing the results in many asylums in several countries for a series of
vears : «

205

Deaths on Numbers
Treated

1^ X I- I- o) — X X r: -c r.

o Deaths on Admis- i oo eo ■>«<* t--' « o c-i d ci i-^
„;„„, rt CO M SI ■<i< c5 M CO SI

9 Recoveries on Num- 1 eo oo »h r^* ,-J
o 1 bers Treated '"' ■""-''^

Recoveries on Ad- eo-^r-;«d
missions o,co^^-^

»-H

c
w

■2

Deaths

•-lO'-iXOTt'iCOO'-H.-l

ic C5 C3 o w o C5 m •<»( ci

CO l^ ^ l^ C5 1.-5 1.-5 CC

Recoveries...

Numbers Resident..

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1!^ IC CO CO CO

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•^ 00 -^ o

tr CO r-l rH

i s

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Admissions .

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Numbers Resident..

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206

r-^

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ic;

Pauper Patients

CO :C<101lMlH>-HrHCli-lr-(r-liH

Deaths on Num-
ber Treated...

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Deaths on Ad- j^ „• j,,- ^ ^ ^ ^^ ^^ ^ ^ ^ ^ ^r^

missions rHfOCOlM<MC0(MCOCOC0(N->*<-*

Cures on Num-
ber Treated...

lO u'i OD iM CI !>• l-~ 1^ Gi CO ao O l^

Cures on Admis-
sions

No. Treated.

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CiOdCO'^ClOOCOi— IS5>-llO

No. Died.

No. Cured ,

o m GO lo t^ CO o lO i^ -*i 01 0-1 CO

TtlCOlOOlOl^l^Ol^OCOCOd
(M TflCO-^GOOIrHCOl^ fe=C-) i-l

No. Admitted.

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to OO-MCOOC-ll^O S=l^ CO

No. Kesident...

i^coojiot-ooicmc^oo^csio

O.-lr-IOiCOCOOOOlOifflOI'l*

of ofrH~oq't^o<f'-ro<r'*~ co^T-T

No. Asylums visited from
which Keports were ob-
tained

G S c 8? £ S C = « ^^ =

Ill

G c; 2
p _3

(15

-fl

ti-,

"n^

jii

•^

"*"'

V-<

-.-'

20;

S2 Wh

« V^

■^1

'5<i

■♦~

!~.

^ -^J"

<~.

■< «

■^

?--b^

^ V

O ■$;

^!~

~ S^

r» ?

'^^fq

'^ V

«'<

«-^

<»^'§

» s

•■c «

!§§

>-^ tw

C «

„

■^ ^^

i-J

^ -i

.S^

H
1— 1

s <

a,-^

=3^

~» ^

.5^ 5

^ .=s^

■^ ?i

►^ ^■'='

Proportion of tlic For-
eign Insane to the
>\ativo Insane

1 to 49G 1 to 233

Proportion of tin; For-
eign Insane to the
Foreign Population..

Proportion of the Na-
tive Insane to the
Native Population...

Proportion of the Total
Insane to the Total
Population

1— 1

1— <
o

1-H

1—1
CO

O
I— I

1—1

T— 1
I— (

1— I

1—1

Total Insane

37,382

;

1 Foreign Population

to"

Native Population

I-

CO
00

c<r

Total Population

CO
00
05

its'

oo"

I <

CO
CO

208

Table,

Shoioing the Population and Numbem of Insane and Idiots in 1850, 1860,
and 1870, loitk the proportion per one thousand of Insane and Idiots to
Population, and the Annual Pate of Increase of Insane, Idiots, and total
Population.

CALIFOENIA.

•g 2 5

Katio per 1,000 of—

Annual Increa

se of—

YEAR.

or of Idiots

er of Insane

ntinn

Idiots to Popu-
lation

Insane to Popu-
Intion

Insane and Idi-
ots to Popula-
tion

Insane

Population

1850
1860
1870

1 f '
92,597 ! 2 17 9
379,994 456 ' 42 49S
560,247 1,146 87 1,233

1 1

.02 ' .07
1.20 .11
2.04 . .15

.09
1.31
2.20

]■ 15.16 i 72.1

3.95 1 9.6

19.62
7.55

Table,

Shoioing Total Poirulation with Native and Foreign Population, and propor-
tion of the Native and of the Foreign to the Total Population.

Total
Population.

1850 » 92,597

1860 379,994

1870 I 560,247

Nativo
Population.

70,340

233,406
350,416

Foreig-ii
Population.

21,802
140,528
209,831

Proi^ortion of \ Pi'oportiou of

Native to > Foreign to

Total Popula- ; Total Popula-
tion, tion.

75.96
01.43
62.54

23.54
38.56
37.45

* In eighteen hundred and fifty the nationality of four hundred and fifty-live persons
was unknown.

T A B L E .

Showing Total Number of Insane, with Native and Foreign Insane, and pro-
portion of the Native and of the Foreign to the Total Insane, and of the For-
eign to the Native Insane.

1—4

ilT.

>— 1

EAK.

£5

■r

1850 ; 2

1850 j 456

1870 i 1,146

3 <:^

7i o o

C P

100

o 3 2

5^1

1 to 35,170

408

738

35.60

64.39

1 to 858

r+ t^ 2. ^

2 caq"^

;i ft ^

I to 284

L'U!)

\' A B L E ,

Showiittj the total number of Lfiotie, icith Native and Foreign Idiotic, and
proportion of the Njitive and of the Foreign to the total Idiotic, and of tlie
Foreign to the Native Idiotic.

YKARS.

Total Idiotic

5'
•

5'
p'

Proportion of Native to To-
tal Idiotic

Proportion of Foreign to
Total Idiotic

"§■

O "s

p'hrj
: O
• t

. o

: jq
: o

Pro^iortion of Native Idi-
otic to Native Popala-
tion

Proportion of Foreign Id-
iotic to Population

1850

G 1 85.71

14.28

16.66

1 to 11,723

I860

1870

70 17 i sn.45

19.54

24.28

Ito 5,005

1 to 12,343

CALIFORNIA NO EXCEPTION.

This shows that California is not an exception to the general rule; for
while the insane have increased within her borders more rapidly than
in any other country during the same period of time, it must not be
overlooked that her citizens have not only been exposed to a greater
number of causes by which this malady is developed, but that she is
l^crhaps the only State in the Union, if not the only Government in the
worhl, that has never refused admission to a single person who has
sought to enter her asylum, notwithstanding it is a well knoAvn fact that
among those received there have been and still are many citizens
of other countries, who have not claimed California as a home, but who
have come here hoping to bdttcr their fortunes and enrich themselves at
her expense, and then'return to their own homes and country; but failing
to realize their dreams of wealth, give way to despondency, break down
in health, or enter upon a course of reckless dissipation that leads them
to insanity and to our asylum, either to be cured by our treatment or
maintained through life at the exj^ense of the State.

How lar this evil may be remedied or ameliorated by judicious legis-
lation, is a problem that Ave are not prepared to solve; but surely it
would seem that some preference should bo given, some difference made,
between this class and our own citizens; but if we must keep them, it
does seem that the comity of nations should prompt them to reimburse
us lor the expenditure ]nadc. The doctrine has been proclaimed, and
repeatedly confirmed by the superintendeiits of American institutions
for the insane, and by those who have paid any attention to the subject
the world over, ''that it is the duty of every State to provide for its
own insane." In this sentiment avo heartily concur, and earnestly urge
its adoption by our noble State, Avithout equivocation or reservation.
But the other is a very different question; nor do Ave noAV remember any
instance of a declaration to the effect that it is the duty of one Govern-

210

ment to defray the charity expense of another. In other countries, and
even in different divisions of the same country, persons of this class are
often transferred to the communities to which they belong. The ques-
tion is at least worthy of consideration.

SHOULD OTHER STATES SEND THEIR INSANE TO CALIFORNIA ?

In this connection another question, though intrinsically different, is
nevertheless analagous to some extent, and deserves notice, not so much
on account of its present importance as its future results. It is to inquire
how far a sister State may be justified in establishing her institutions
within the borders of another? Is it just or proper for one State to send
all of her insane in the limits of another, even though she may pay the
exj)ense of care and maintenance? It is fair to presume that Avhen they
are considered sufficiently recovered to require no further medical treat-
ment that they will not be returned to the State from which they come,
but turned loose upon the community where the asylum is located.
Should a speedy relapse follow their discharge, they would of course be
sent back to the asylum in which they had been treated; but when a few
months have elapsed they would be committed under our laws, and sent
to our asylum, and thus become an additional charge upon the State.
We all know that a large majority of the insane are from that class who
are not able to pay, and that persons who have been afflicted Avith this
malady are more liable to be attacked than an equal number who have
not been thus affected. The burden of all these will inevitably fall u^Jon
us. For these reasons it would seem proj)er for the State to express an
opinion on this subject.

WILL THE CHILDREN OF FOREIGNERS BE AS LIABLE TO INSANITY AS THEIR

PARENTS?

We do not know and have no means of ascertaining how far this
liability extends to the children who are born of j)arents of foreign birth,
but venture the opinion that it will be only in a small degree. If this
hyi^othesis be correct, it must necessarily follow that the proportion of
insane will diminish very nearly in proportion to the increase of the
native over the foreign element in the mass of the peoj^le. This will of
course become more and more rajjid with each successive generation;
for while the one is supi^lied with emigration from the other States and
all the children born in the State, regardless of the nativity of their
parents, the other must be increased by immigration alone.

PHYSICAL AND MORAL CAUSES PRODUCING INSANITY.

Having considered some, perhaps most, of the j^i'omiuent causes of
insanity, so far as it is affected in a social or jjolitical point of view, it
may be expected that we will enter upon the consideration of the more
prominent of the physical and moral causes leading to this malady; but
we scarcely consider it necessary to do more than allude to some of
them. We have already given a table showing a few of the more jjrom-
inent assigned causes in all the countries visited during the prosecution
of our mission, but without special comment. By referring to that table
it will be seen that they very generally agree with those operating in
our State, but differing in degree and intensity in some countries. Thus,
hereditary predisposition and intemperance are assigned as prominent

lill

cHiiscs iu all countries, and in Prussia and the German Slates they aro
the only causes of prominence. In Italy we find ])ellagra (disease of the
skin peculiar to that countr}-) added to the other two, while in most
other countries we find added to the list ill health, pecuniary and domes-
tic troubles, and spermatorrhoea, including self-abuse, etc. In our State,
we see by the report of Dr. Shurtleff, just published, that masturbation
still holds its place at the head of the list of assigned causes, though we
agree with him that it is high time for '• Committing Boards" to be more
careful in their conclusions with regard to this particular cause. Many
patients who have been received at the asylum Avitli this charge of self-
pollution resting upon them, have, after weeks or months of watchful-
ness, been proved to be entirely free from such evil practices. That it
is a cause in some cases we have every reason to believe; and further
than this, when it is the cause its victims rarely recover; they seem to
be doomed from the verj^ beginning. There are other cases in which it
is merely a symptom of a diseased brain, or some of its appendages — an
effect, not a cause. These cases are more hopeful when treated in time.
Indeed, many men of prominence with whom we have met on the conti-
nent, in Great Britain, and in the United States, believe that it is almost
universally the effect of insanity, and not its cause.

INTEMPERANCE A LEADINO CAUSE OP INSANITY.

With regard to intemperance the case is altogether different. It
seems to be the bane of all countries, and claims its victims in every
civilized nation and under every form of government. It is the common
enemy of mankind, the destroyer of domestic happiness, the copartner
of every crime, from petit larceny to murder. It is the father of pov-
erty, the creator of debauchery, and the principal w^orking tool of the
Devil. No man is bold enough to defend it, and yet it is tolerated by
all classes of society. It finds Its way alike to the house of the rich and
the home of the poor. It is a boon companion at the festive board of
the aristocrat, and the poorly provided table of the cottager. It has
caused more heartaches, produced more tears, engendered more sorrows,
starved more babies, and led to more insanity than any other agent in
existence — if not more than all others combined. We are strongly
inclined to the opinion that directly or remotely it is more potent in pro-
ducing these results than all other causes. It is the sin of civilization
that it has found out manifold ways of extracting alcohol from natural
substances, so that it is offered in tempting forms and accessible abundance
to the weak and incautious, who would not instinctively seek it, as well
as those whose appetites demand it. If, then, civilization is responsible
for the introduction of this destructive element among mankind, it is
certainly its duty and it should be compelled to provide for its victims.
How to arrest its progress, if, indeed, it be possible, we must leave to the
wiser heads of the legislator and the statesman; and he who can solve
the problem will be the wisest of men, and a greater benefactor to his
fellow men than has ever yet appeared among them.

We have thus briefly considered this last, as it is the most prolific,
among the causes that have given us so large a number of persons de-
prived of their reason; who crowd the Avards of our asylum till thereis
scarce sleeping room or breathing space for the numbers they contain,
to say nothing of the accumulations that must take place ea-e additional
accammodations can be provided for their reception. The question must

212

be determined as to what is best to be done in performing our duty and
relieving their distress.

DUTY OP THE STATE RELATIVE TO ASYLUMS. «

The State must elect whether it will build other hospitals, and thereby
pay the cost of cure, or support all those for life who become incurable
from our failure to provide sufficient and suitable accommodation for
their early treatment — Avhether to make the effort to regain a productive
citizen, or support a non-producer for seventeen years. We must either
jjrovide hosj)ital8 for the reception of every citizen who may become
insane within our borders and under our jurisdiction, or surrender this
noble charity to degeneracy and decay. As already stated, this has
been done. No other State, so far as our knowledge extends, has done
so much; a fact that is doubtless a source of gratification and pride to
every man who claims California as a home. We regret, however, that
candor compels us to say that some of the wards of the male department
of our asylum are wretched in the extreme, and would be disgraceful
if not taken in connection with the fact, that the number of applicants
have been so far beyond expectation as to render it next to impossible to
provide accommodations for them all. Eeceived they have been, but
during the last two years at the discomfort of many who were thus
compelled to give up a portion of the space, already too small, that had
been allotted to them. Doctor Shurtleff in his report just published,
has truly said "the rooms are not only full, but crowded.'" In addition to
this, two hundred and twenty-seven patients are sleeinng on beds nightly
prepared for them in the halls. The number in excess of the accommo-
dations has grown to proportions too vast to admit of being properly
l^rovided for by the erection of cheap detached wards. The institution,
in point of numbers, is already double the size of the average of similar
institutions in the other States. With the completion of the new build-
ing, therefore, all further expansion should , be discontinued. This done,
aside from the cost of support, every other effort and Expenditure in
behalf of the asylum at Stockton should be directed to repairs, the con-
struction of inclosures, and the improvement of the grounds, etc.

" If this view be concurred in, the only alternative left is for the State
to make further provision elsewhere. The character, extent, and loca-
tion of such provisions arc questions ui)on which every possible light
should be shed. In character, nothing less than a first class hospital,
with all the modern improvements and appliances for the curative treat-
ment of such as may bo benefited thereby, and for the proper care of all
classes of the insane, will meet the geiicral aj^proval of the most experi-
enced;" and, we may add, the expectations of the people of the State.
Doctor Shurtleff continues: " If additional provision for the care of the
insane be made at some other place than Stockton, the question of locality
is one of no less importance than those of character and extent. Toj^o-
graphical and climatic fitness arc matters of such primary importance
:^hat they will not be likely to be overlooked. Convenience to the great-
est number who will be likely to need its benefits is a very important
consideration, in many respects, in the location of a hospital for the
insane. Officers' fees and travelling expenses, which depend on the
distance, and are a public charge generally, the difficulty and even danger
in conveying the insane, and the visits of friends, are all matters which
should %e considered and have their influence in arriving at conclusions.
In this connection it should be borne in mind that of the five hundred

213

and twenty-three patients admitted during the last year, about three
hundred came from the counties bordering on the Bay of 8an Francisco,
and that two hundred and twenty-two — more than two tifths of the
whole — came from the City of San Francisco alone. This projiortion is
no exception to those of several years past."

These suggestions, emanating from Doctor Shurtleff, a close and accu-
rate observer, with a correct judgment, and a larger experience than any
man on this coast, should not be lightly passed over nor disregarded.
They are the results of serious reflection on an important subject with
which he has been intimately identified for j-ears, and his conclusions
can be maintained with manifold reasons of the strongest character.
With a single exception, that of size of hospital, they entirely accord
with the views ex2)ressed to your Excellency soon after the completion
of our visit to nearly one hundred and fifty asylums, wherein we had
noted with especial interest, among other things, and observed with
more than ordinary scrutiny and careful consideration, the efl:ect3 of
overcrowded wards and courtyards, the location and sites of asylums,
their nearness to and distance from some city or important town, the
character of scenery, quantity and quality of land, the sources of
water supply, the facilities of comnmnication, the convenience and cheap-
ness with which fuel, sujiplies of all kinds, and building material could
be obtained, as well as all other matters in any way connected with the
construction, ventilation, warming, organization, etc., of hospitals for
the insane, and which arc treated more or less at length under their
j)roper heads; and above all, to the importance of locating these institu-
tions in the midst of those most likely to require the benefits they
confer.

In many of the States inadequate provisions are made for treating
the insane, followed by the most disastrous results. Large numbers
who desired to gain admittance have been turned away and told, " not in
words, but in acts that are more powerful than words," to wait till some-
body gets well or dies, and then after the disease has fastened itself upon
your brain so firmly that it cannot be removed, Avhen all hope of recovery
has passed, you may come in, and in your turn keep some other equally
unfortunate person out till he, too, becomes hopelessly incurable, lost to
himself, lost to his family, and lost to the State — yet a burden to the
public treasury so long as he shall live. No one who is at all familiar
with the nature of this malady will deny these facts; every person who
has written or spoken upon the subject during this generation has
asserted them till they have ceased to be denied.

Last year, as we learned from personal information obtained from
some of the superintendents of asylums, and from the published i-eports
of others, the following facts existed:

At Staunton, Virginia, of two hundred and eight applicants, only

fifty-nine were admitted; rejected .•

Li the Michigan Asylum, rejected

In the Asylum in North Carolina, rejected

149
155
150

Dr. Everts, of the Indiana Asylum, informed us that not more than
one third could be accommodated in that State, and as three hundred
and fourteen were admitted, it follows that six hundred and twenty-

214

eight must have been rejected. Yes, strange as it may appear, this
young and vigorous State, the sixth in point of population in the Ameri-
can Union, and, as wo are informed, the only one free from the burden
of debt; with low taxation and abundant resources; with one mil-
lion six hundred and eighty thousand six hundred and thirty-seven
inhabitants, has turned away from her asylum two thirds of her own
unfortunate children who have sought relief at her hands. Who could
have believed it possible in this enlightened age that any community of
American citizens could be guilty of such cruel practices and such par-
simonious conduct as this? And yet the fact is as stated. Doctor Hills,
of West Virginia, reports from sixty to seventy-five in the jails of that
young State; and the State Board of Charities report thirteen hundred
and twenty-six in the poorhouses of New York. The States of Maine,
Iowa, Illinois, and others are no better off. Unlike Indiana, however,
most of these States are making noble efforts to remedy this evil, because
they recognize the obligation and the duty, and feel no disposition to
shirk the responsibility nor to avoid the expense. Indeed, we would
like to know what right a State has to make such unjust distinctions
between its citizens; to say to one, "Come and be healed," and to
another, "Go hence; you shall not partake of the benefits you have
helped to create." To one, "You shall come in, be fed, clothed, housed,
and nursed; our physician shall minister to your diseased frame and
release your troubled mind from its agonizing thraldom." To the other,
" We have no house to shelter your head from the j)itiless storms; no
food to appease your hunger; no raiment to cover your nakedness or add
to your comforts; no nurses to watch over you in sickness and minister
to your necessities. For you there is no sympathy; you must take care
of yourself, pay your own expenses, and provide for your necessities as
best you can. For you ' there is no balm in Gilead, there is no physician
there.' "

What is the result of this policy? Nine tenths of these people have
no means of consequence. While in the possession of health, and en-
dowed with that greatest of earthly blessings, their reason, they were
able to support themselves, and, it may be, lay wj) a little something for
their families; and if this had not already been exhausted by ill health
or other cause that has led them gradually to insanity, this calamity has
deprived them of the chief part if not all of their cajDital — the ability to
work. The family who have hitherto depended upon these resources
must now look to other means and other persons for supjjort. They
cannot afford to send this afflicted member of the family to a private
asylum — it may be in another and distant State — nor can they afford to
keep him at home and have him properly treated. They are out of rela-
tion with social and domestic life, and should go away. It is often the
case the very presence of family and home is a source of annoyance and
vexation that they cannot endure.

THE INSANE CANNOT BE KEPT AND CURED AT HOME.

They are a great burden to the family, and disturb its quiet and its
peace; and if retained, as is not unfrequentl}^ the case, drag all down to
poverty and misery with themselves. Besides, they require to be man-
•aged with fitting wisdom, that few can give, however willingly and
cheerfully disposed, and with that amount of patience and forbearance
not often found outside of asylum walls. Indeed, many cannot be man-
aged at home on account of a disposition to wander, to be violent, or

215

destructive. Some cannot be persuaded to submit to the needful reme-
dies*for their proper treatment, even -when this could bo obtained.

PHYSICIANS NOT GENERALLY INFORMED ON THIS SUBJECT.

Unfortunately, but few of the medical men in general practice in our
country or an}- other have made themselves familiar with this myste-
rious disease and its proper treatment. The reason of this is obvious —
it is a branch not taught in any of our medical schools as a part of the
course. It is not a part of the cui-riculum in the colleges of any coun-
try; hence, proficiency in this branch is not a " sine qua non " for a medi-
cal diploma. They are sometimes called upon to pronounce as to the
sanity of some unfortunate jDerson and to decide whether or not he is a
proper subject to be sent to an insane asylum. In the majority of cases
they have never seen the patient before and never see him afterwards.
Again: when some criminal puts in the plea of insanity to save his neck
or his reputation, the physician is called upon to testify in the case, and,
as often happens, is mortified to find that the lawyer knows more about
the subject than himself The one has "read himself up" for the occa-
sion, and can ask more questions than an author of medical jurispru-
dence could answer satisfactorily to the Judge or jurj^; while the doctor,
perhaps, has given the subject but little thought or attention. We trust
this condition of things will soon be changed, as more attention is being
paid to the subject both in this country and Europe.

PSYCHOLOGY RECOMMENDED TO BE TAUGHT IN THE MEDICAL SCHOOLS.

The Superintendents of many of the asylums in Italy, Austria, Ger-
many, France, and England are giving courses of lectures on the science
of psychology, and the Association of Medical Superintendents of Ameri-
can Institutions for the Insane has strongly recommended its adoption
as a branch in the medical schools of this country. "When this suggesr
tion has been cai'ried out a wonderful advance will have been made in
the right direction and many persons saved from the calamity of chronic
insanity by having their diseases early detected and properly treated.
But let us return to our patient who has not been able to procure proper
treatment in an asylum in time to obtain even a chance of recovery while
relief was possible, and we find him at last admitted to a place made
vacant by the death of some patient who has paid his last debt to the
" grim tyrant," or the recovery of some other who, more fortunate than
himself, was received in proper time. But, alas! it is too late for him.
His case has become chronic, perhaps incurable, and he is doomed to eke
out a wretched existence — a burden to himself and to the State during
the remainder of his days.

EFFECTS OF LIBERAL AND ECONOMICAL PLAN OF CARE OR TREATMENT.

The following extracts from the report of the Worcester, Massachu-
setts, Hospital for eighteen hundred and sixty-two, will show the effect
of the two policies on the use of hospitals, and cure of patients:

" The natural effect of the liberal and the economical policies of offer-
ing the hospitals to the use of the people, is manifest in the different
ratios of the patients sent in the early and in the later stages of their
malady to the hospitals in Massachusetts and Ohio.

216

" In Ohio seventy -three and one seventh per cent, and in Massachu-
setts sixty-four and one eighth per cent of the patients in their State
hospitals were sent in the first year after they were attacked.

" As a necessary consequence, those States which sent the largest pro-
portion in the early and curable stage received back the largest propor-
tion in health and power of usefulness, and had the smallest proportion
left in confirmed immova>blo lunacy to be supported for life by their
estates or the public treasuries.

" In the three piiblic hosi)itals of Ohio, fifty-four and fifty -nine one
hundredths per cent of all that were sent to them were restored, and
forty-three and forty one hundredths per cent remained insane for lile.
In Massachusetts, forty-four and five one hundredths ]oer cent were
restored, and fifty -five and ninty-five one hundredths per cent remained
a life burden on the people.

" It must be remembered in this connection that the reports of admis-
sion into the hospitals of Massachusetts include both the foreign or
State paupers who are admitted free, and the American paying patients
who are charged more than the cost for their suj^port. If distinction
were made in the reports, and it were shown how many of each of those
two classes were sent in the several stages of their disorder, it would,
without doubt, be found that a much larger proportion than thirty-five
and two one hundredths jyer cent of the native patients were kept out of
the hospital until their disease become more difficult and even impossible
to be removed.

"It is not necessary to go abroad to find the connection between the
terms of admission and sujoport, and the readiness with which people
avail themselves of hospital j^rivilege for the cure or custodj' of their
insane friends. We have proof of this in our own daily experience.
Our Irish patients go free and stay without cost, and they are sent early
and have the best opportunities of restoration. The Americans go at
their own cost, and pay all and more than all of the expense of their
support, and consequently a large proportion are kept away, some for
months and years, as long as their friends can endure or take, care of
them, and many for life, because their friends lack courage or money to
take due advantage of the means of restoration so largely provided in
the State. In eighteen hundred and fifty-nine, ninty-seven and five
tenths 25er cent of all the foreign and only fifty-eight per cent of
the native lunatics then living in the State had been sent to some
hospital.

" The i)roiX)rtion of patients restored out of all admitted to the hos-
pitals, is twenty-three per cent greater in Ohio than in Massachussetts.
Now, no one will suppose that the hospitals of Ohio are managed with
more skill than those of this State. But the difterence in the result of
their labors is due to the difference in the proportion of i^atients sent in
the curable stages of their disorder.

" Looking upon this matter merely as a question of political economy,
in its bearing upon the remote as well as j^rescnt means and prosperity
of the State, it is jjlain that there arc im^^ortant advantages on the side
of the free and open system of managing these public charitable institu-
tions. They send back to society a larger proportion of workers, pro-
ducers, self-sujiporters, and contributors to the public treasury, and leave
a smaller proportion of the useless and burdensome class. Inasmuch as
they have a better or more available material to work upon, they pro-
duce a more successful result, and convert a larger projiortion of costly
men and women into profitable members of the body politic. The "VVor-

217

ccster and Taunton Hospitals have received eigiit thousand four hundred
and ninety, and restored three thousand seven hundred and forty to
liealth. If these couhl have been sent at as early a stage of their dis-
ease, and as large a proportion restored as in Ohio, then twenty-three
per cent, or eight hundred and sixty would have been added to the use-
ful and self-sustaining citizens sent back to the world, and as manj^
taken from the class that has been or must be supported ami cared for
through life.

" It must be further considered that it costs no more to administer
these institutions on the free principles of Ohio than on the economical
principles of Massachusetts. Both there and here provisions, groceries,
clothing, labor, and salaries would be the same under either system.
The onl}' dilference is in the way in which the cost is assessed upon the
people. Here it is imj)osed xipon those who receive the immediate per-
sonal advantage, many of whom are the least able to bear it, and alwaj's
at a period when they are the weakest, and any burden is distressing.
In the other case, this cost of rescuing the peoi^le from permanent
insanity, like the cost of schools, roads, Government, justice, and police,
is assessed upon the whole community, in the proportion that each one
is able to pay; and in both cases it comes out of the aggregate property
and income of the Commonwealth."

Any attempt to save money by failing to provide for the insane is
indeed poor economy, and worse philanthrojiy. Let us, therefore, adhere
tirmly to the policy we have so wisely inaugurated, and which has jilaced
us in the front rajiks among the States of the Union and the nations of
the world, and build asylums for all of our people who may be so unfor-
tunate as to require their use and need their healing influence. In this
connection, we deem it of some importance to introduce the following
extract from a 3Iessage from Mr. Seward (when Governor of New York)
to the Legislature: ,

" I cheerfull}' express my approbation of the undertaking. JSTations
arc seldom hnpoverisked by their charities. The number of the insane in
this State is not exaggerated, and I am not prepared to say that any
erection less extensive would afford the space, light, tranquility, and
cheerfulness indispensable to this interesting department of the healing-
art. Among all His blessings, nonft call so loudly for gratitude to God
as the preservation of our reason. Of all the inequalities in the social
condition, there is none so affecting as its privation. He sees fit to cast
upon our benevolent care those whom He visits with that fearful alHic-
tion ; it w^ould be alike unfeeling and ungrateful to toithhold it. Let then this
noble charity be carried forward, with what measure of munificence it
remains with j'ou to determine."

Like sentiments have been iDroclaimed by the intelligent executive
officers of most of the States of the Union, our own included, but unfor-
tunately in too many instances legislators are frightened, or driven from
their duty by the " criticisms of that class of public benefactors who
make capital from their sympathy with our overtaxed people," and no
appropriation is made. Fortunately, at this time, however, no sucli
objection can be urged. The Democratic party has seen the necessity of
additional accommodations for the insane, and it only remains for the

218

Eepublican party, ever the friend of progress, to carry forward the sug-
gestion and comj)lete the work. It is a noble charity, and no excuse-
should be needed to justify any approjjriation that may be required,
under judicious expenditure, to meet the necessities of the case; nor
should the subject of politics weigh a feather in the balance of any
man's mind in his considerations or his actions upon the subject. It did
not do so two years ago, when the investigation was ordered to be made
of which this report is the result, and there is no reason why it should
do so now. Our labors have been performed with the hope that sutfer-
ing humanity would be the gainer by the results, and if this shall prove
to be the case we will have reaped the most earnest desire of our heart,
and a reward beyond price. Hence we have ventured the suggestion
that the one party and the other will be equally responsible for anj-
appropriations that may be made and equally entitled to the honors of
so beneficent a deed.

"We can lose nothing by our charities in this direction." Let us not
only jDrovide ample accommodations for all of our insane, but let us so
locate our asylums that they will be easily accessible to the greatest
number of those who will probably require their use, and then with an
enlightened public opinion all will be encouraged to seek the benefits of
early treatment and speedy restoration. Comparatively a few only will
be left as permanent charges to the State. A much greater number will
be restored to usefulness and labor. The State will be the gainer by
the operation, and humanity will smile at the triumph of wise legislation
and judicious treatment over the most aj)palling disease with which the
human race has ever been afflicted.

CHAPTER XV.

INSANE ASYLUMS — ECONOMY OF PROVIDING AMPLE CURATIVE ACCOMMODA-
TIONS. •

Before entering upon the discussion of the plan of building best
adapted to the care and treatmetit of the insane, we desire to call the
attention of the business man, the financier, and the taxpayer, as well as
the legislator, to the economy of restoration and the amount saved the
State by the cures already eftected in our asylum.

A similar showing was made by Doctor Jarvis a few years since to
the State of Massachusetts, and to him we are indebted for the idea and
most of the facts set forth in this article. We have applied them to
California, and in making the argument must necessarily touch upon
some matters already considered. It is a proposition universally admit-
ted that it is the first interest of every State to preserve itself, to develop}
its own strength, and to sustain it to the fullest degree. The strength
and wealth of the State are the aggregate of the wealth and power of
the individuals who compose it. If a member of the community is
strong, his strength increases the power of the State. If he be a pro-
ducer and create riches, this adds so much to the common wealth.

If, on the contrary, he become sick or weak and lose his power of pro-
duction, his loss of personal power takes so much from the general
power. His failure to add to his own estate is so much loss to the gen-

219

eral prosperity. If, more than this, he loses power to provide for liis
own wants, his support becomes a chari^e upon property that ho or others
have created, or are at the time creating. If his own means or those
of his family are insufficient for this purpose, then the public treasury
must and does assume the burden.

Whether this support of a dependent citizen comes from his own or
others' estate, or the general treasury, it inevitably comes from the
property of the commonwealth, either that which has already been paid
in form of taxes to the Government, or that which, in the hands of indi-
viduals, is i-he basis of taxation. In either case the body politic is the
loser to the extent of the cost of supporting the disabled person.

In all cases this cost is first chargeable to the estate of the one sup-
ported. If that be wanting, then his natural friends should pay it; and
if they fail, the expense falls on the town or State. This last resort is
sure, for the town or State is the responsible indorser of every sick,
disabled, or insane jDerson within its borders, to restore him to health or
support him through life.

There is in every communit}', especially in such as have had a genera-
tion of existence, a large body of the insane who are a constant burden
on its resources. In 3Iassachusetts, in eighteen hundred and fifty-five,
there was one insane person in every four hundred and twenty-seven
living. In other States and counties there are estimated to be from one
in four or five hundred to one in a thousand. A part of these are the
recent cases, that have a hope of restoration; a larger part consists of
old and incurable cases that have been submitted to the healing i)ro-
cesses without avail, or have been neglected imtil the day of relief was
past.

The burden of supporting these is constant, unavoidable, and very
great. It is the first claim of humanity, as well as the duty and interest
of the body politic, to keep the numbers of these as small as possible, by
healing all that can be healed in the curable stage of their disorder, and
allowing none but those whose disease is primarily incurable to fall into
chronic and permanent lunacy.

Insanity, although it suspends the power of production, self care, and
self support, is not in itself very dangerous to life. A man becoming
insane at twenty, if not restored, has a prospect of living, on an aver-
age, twenty-one years in lunacy; but if restored his prospect is for
thirty-nine years in health. The average of life for a permanent lunatic
is twenty years, and for a sane man thirtj'-two years, from their thirty-
first j'ear; and these prospects are respectively seventeen and twenty-
six years from their forty-first year. Persons taken with lunacy at these
ages have, then, the doubtful pi'ospect of living twenty-one, twenty, or
seventeen years, more or less, according to the age when attacked, in
dependence, a burden on their own or the public estate, if not restored;
or of being cured and of living thirty-nine, thirty-two, or twenty-six
years, more or less, in health, ability to take care of themselves, and
add to the strength and wealth of the community.

Insanity is one of the most removable of grave diseases, if the proper
measures are used in its early stages, as they are in cases of fever, dys-
entery, etc. The experience of hospitals shows that from seventy to
ninety per cent may be thus restored to health. The average time
required for restoration in hospitals varies from five and a half to seven,
and even eight months. But the average of the whole, especially those
taken early, does not exceed six months.

The average cost of supporting patients in the California asylum for

220

the four last years was thirteen dollars and eighty-five cents ($13 85) a
month. This is eighty-three dollars and ten cents (883 10) for six
months, and one hundred and sixty-six dollars and twenty cents
(6166 20) for a year. The actual cost of restoration necessarily includes
the whole expense of the experiment. It is impossible to determine in
advance who may be restored — who must remain uninfluenced by reme-
dial measures. These must then bo used for the whole; some may be
restored in a few weeks, others in all periods from this to tAVO years and
more — averaging six months to all; but none must be given up as incur-
able until thc}^ have had at least two years trial of the means of cure.

The cure of the seventy-five per cent thus necessarily involves the
necessity of two years board and care of the other twenty-five per cent.
This must also be included in the list of cases and assessed upon the
seventy-five who are restored.

The cost of seventj^-five cured, for six months is

The cost of twentj^-five not cured, for two years each is.

Total

$623 25
831 00

$1,454 25

Assessing this equally upon them makes the average cost of curing
the insane in California to be one hundred and ninety-three dollars and
eightj'-six cents.

It must be remembered that this cost of sujoporting seventy-five for
six months and twenty-five for two years in a hosjwtal — fourteen hun-
dred and fifty-four dollars — for the restoration of the seventy-five is not
so much additional expense thrown ujjon the people. These hundred
persons Avere already insane, helpless, powerless, unable to support them-
selves. They were already thrown upon the community and its indi-
vidual members, who were responsible for their nmiutenancc whether
they were sent to the hospital or not; whether any attempt was or was
not made to restore them. The Commonwealth collectively, or its
estates separately, must pay the cost of their board, care, and guar-
dianship).

It is questionable whether out of a hosi^ital, a private house, or other
abodes, at home or with strangers, these patients could obtain food for
less than it cost the asylum for them — three dollars and twenty cents
(S3 20) a Aveek. If not, then the curative measures in the asylum
caused no additional expense to the State or its people, except the cost
of the establishment itself The interest on the capital; the wear and
depreciation of the buildings; the cost of repairs; the insurance, and
the taxes which would otherAvise haA'o been paid to the public treasury
on this amount of property, are properly chargeable to the cost of curing
the insane, and nothing more.

Here, on the contrary, mu.st be Aveighed the gain to the community
from the restoration of the insane to health. The annual earnings of "a
man over and above the expense of his living ma}' be considered as an
annuity, or so much annuall}^ contributed to the commonAvealth. Accord-
ing to the best 'European calculations of these values — the earnings and
expenditures — ^the present Avorth of the excess of the former over the
latter, for an unskilled laborer at tAventy-five, is tAvelve hundred and
eight dollars (81,208). That is, such a laborer at that age is worth so

ich to the body politic. This is the English, jind very nearly the
n-niixn vahuition. In this country Avagos sire higher and earnings
Drc, and ot" course the annuity and its valuation are greater. Thi^s,
0, is the estimated value of an unskilled laborer, who earns the lowest
iges. The value of the skilled mechanic, the merchant, the iirofes-
)nal man, whoso earnings are larger, must be very much greater. It
at least safe, then, to assume the European calculation of twelve hun-
ed and eight dollars as the average worth of men of all conditions
d occupations in California who niay become insane at the age of
'cuty-tive.

This is lost by his lifelong insanity. Add to this the cost of his sup-
rt, at least as great as that charged in the asylum — thirteen dollars
d eighty-five cents a month, one hundred and sixty-six dollars and
^hty-five cents a year, for an average of twenty-one years:

aking for each nncurcd patient a total expenditure for sup-
port

id the loss of the value as a producer

Showinir a total loss of.

33,490 83
1,208 00

84,608 83

So much is gained by restoring an insane laborer twenty-five years
:1. It would have been less if he had been older, with a jn-ospect of
5ver years before him; it would have been more if ho Avere a mechanic

man of business, with jiower to earn more if in health. The cost,
ly one hundred and ninety-three dollars, is neutralized by the consid-
iition that it Avould have been as great for his support if no attempt
,d been made to restore him.

During the twenty years of the operation of the California Asj'lum,
e thousand six hundred ixnd eighty-one lunatics were admitted. Of
ese tAvo thousand seven hundred and nine, or forty-seven and sixty-
jht one hundredths per cent, Avcrc restored. This relieved the State
d people of the burden of supporting these through life in their dis-
sc. Taking the numbers in their several ages, their average life, if not
red, Avould have been tAveh^c years each; or the Avhole sum of their
sane lives Avould have been thirty -tAvo thousand five hundred and eight
sars, and their life support, at one hundred and sixty-six dollars a year,
:>uld ha\-e been four million four hundred and ninety-scA^en thousand
id four dollars, Avhich was saved for the State. Their average valua-
)n, considered merely as laborers earning the loAA^est Avages, Avheu
stored to health and productive ])OAver, Avas oIcA^en hundred and tAvo
tllars each; making a total of two million scA^en hundred and sixty-
ree thousand and eighteen dollars Avhich Avas regained. Both of these
ako a total of seven million two hundred and sixty thousand and
renty-tAvo dollars Avhich has been gained to the State and people by
e restoration of these tAventy-seven hundred and nine insane jiersons

the asylum at Stockton.

This calculation presui:)poses that all these Avere original cases, and
en no readmission; but although the record docs not state it, there
ust have been here, as elsoAvhcre, periodical cases, some bchig more
an once and some several times attacked, sent to the hospital, and
.ere cured. These of course had shorter periods of health than this

222

average, and their years should be deducted. This would reduce the
sum, but Avould still leave a very great amount lost by uucured insanity

CHAPTER XVI.

INSANE ASYLUMS-PLAN BEST ADAPTED TU CAKE AND TFvEATMENl

OF THE INSANE.

General Observations — Cottage System — Farm Asj-lums — Close Asylums — Pavilion Plan

GENERAL OBSERVATIONS.

From the foregoing considerations, then, there will be no question thai
the State has a very great interest in the cure of the insane. Yet thert
may be a question as to the best manner of effecting it. We havt
already shown why they cannot be properly cared for, treated, and
cured in private houses, at least in California; and also why we prefei
moderately small to very large asylums. As it is not probable, however
that an appropriation could be obtained for two asylums with a capacity
for two hundred or two hundred and fifty patients each, in accordance
with our views, we trust that none for more than four hundred i:)atientg
will ever be built. In saying this, we have not forgotten the suggestion
made, that the north wing of the Female Asylum at Stockton should be
finished. It must be remembered that the removal of two or three most
uncomforable, unsightly, and objectionable Avards was at the same time
deemed a most desirable end to be accomplished, so soon as a ncAv
asylum could be erected; and furthermore, that having already con-
structed a centre building (always the most expensive part of any
asylum\ together with kitchen, chapel, engine house, boilers for heating,
and otner necessary comcomitants for an asylurn to accommodate a
given number, this improvement can be made at less cost than at any
other place, to say nothing of the ^Dressing demands for the room it would
more speedily supply than in any other way. ""iVe have an asylum at
Stockton which in some respects is not what it should be; and we elesirc
to see these evils remedied. The improvements suggested would accom-
plish this object; nor do we consider this improvement at all incon-
sistent with the views expressed with regard to the size of asjdums;
this would only be the completion of a hospital already begun, and is
simply a matter of necessity; whereas a different system may and should
prevail in the construction of all asylums to be hereafter built.

THE COTTAGE SYSTEM.

We have already had occasion to speak of the different kinds of as}'-
lums in vogue in several countries, in our sketch of the report of Doctor
Manning. What he had to say of the cottage sj'stem, as jiracticed al
the Colon}' of Gheel, and the modification of that sj'stem, as adopted to
some extent in Scotland, entirely agrees with the conclusions at which
we ourselves had arrived: that however well adapted the sj'stem ma}'
be for okl and thickly settled communities, it is " altogether inapplicable
to a neAv or sparsely settled country." Much has been written upon
this system by some of the foremost men of the Continent, of Great

223

Britain, and the United States; some advocatinEj its adoption in their
respective countries, while others condemn it in no mild terms as being
unworthy even of respectful consideration. EsquiroK Guislain, Moreau.
Parigot, Bulckens. DeMundy. Duval, Roller. Droste, Halliday, Ste-
vens, Brown, Sibbald, Earle, Gait, Tyler, Bemis, and a host of others,
have visited the famous old Colony at Gheel, and given the results of
their experiences and observations to the world. Manning came next,
:ind we followed in the wake of all. and had set forth our views at some
length, not only with regard to Gheel, but also the Scotch system, of
keeping a certain class of lunatics in private dwellings. But as we have
no Gheel in America, and no such population as that among whom
lunatics are kept in Scotland, it is unnecessary to print them. Xino
tenths of the patients kept at Gheel in Belgium, and at Kennoway in
Scotland, we believe, are better satistied than they would be in hospitals;
but it would be impossible to induce our people to take charge of such
patients for the cost of keeping them in our asylums. Hence, it would
be useless to discuss the cottage system with a view to its adoption in
our country.

"We refer the curious, and those who may desire to learn more of the
history of Gheel and the cottage system, to the interesting essays of Dr.
John Sibbald. of Scotland, who has written the most satisfactory account
of them with which we have met. and which may be found in the Jour-
nal of Mental Science for April, 1S61: to that of Dr. Henry Stevens, pub-
lished in the same journal for April, 1S58; and to that of Dr. Merrick
Bemis, to be found in the "Worcester Hospital Eeport for 1869 — all of
which, with numerous other articles upon this and kindred subjects, are
among the books which now adorn the shelves of the medical depart-
ment of our State Library. Indeed, with "Winslow"s Psycholorjical Jour-
nal^ the Journal of Mental Science, and the American Journal of Insanity in
our library, to say nothing of the large number of other works that
keep these' company, it would be difficult, if not impossible, to touch upon
liny subject relating to insanity that cannot be found ably and thoroughly
discussed in some of them. Had a tithe of the information Avhich they
contain been known by our people, or could they have been accessible to
all, then, indeed, would this report have been a useless undertaking; but
should it only serve to direct public attention to them, and to the subjects
of which they treat, will much good have been accomplished.

For a thorough understanding of the Scotch system, we refer the
reader to the imeresting work of A. Mitchell, 31. D., '• On the Insane
in Private Dwellings."'

The plans that we have selected for publication in this report are
chosen from a large list, and are believed to be specimens of the best in
the world. There are many others equally good, and in giving prefer-
ence to these we by no means intend or desire to disparage others. All
cannot be publishe'd, and to insert an account of so many asylums, such
as we find in our notes, would constitute a volume, and must therefore
be omitted, however agreeable it would be to us to give our experience
of each institution visited. We must therefore be content Avith descrip-
tions of a few only, as samples of the best, and again refer the reader
to the journals and other works on the subject already alluded to, for
any additional information that may be desired.

r.VRM ASYLUMS.

The farm asylum— of which Clermont, with its colony of Fitzjames,

224

about fifty miles from Paris, is pcrhajis the best Bpccimen — possesses
some advantages, in an economical point of view, but would scarcely be
api^licable in this country. It consists of an asylum projDcr, situated in
the Town of Clermont, and is intended for all patients who cannot safely
be trusted with the liberty given the patients at the colonies. One of
these, called " Fitzjames," is near the town, and is approached by a wide
avenue, finely shaded by trees. Here there are several buildings appro-
priated to the use of the different classes of patients, who pay from
thirty francs a month to three hundred. Those jiaying the higher
prices have rooms to themselves, a larger number of attendants, better
diet, greater facilities for amusements and entertainments, and are not
required to work. Of this class there are very few. Those who arc
charged thirty francs a month are paid for by the Dej)artment from
which they came, and are expected to do such labor as may be required
of them. The colonies contain one thousand acres of land, and the men
Avork upon the farm, in the garden, and in the shops, Avhile the Avomcn
sew, do housework, wash, iron, etc. The buildings occupied by the men
who work on the farm are two stories high, and consist of day rooms on
the first and dormitories on the second floor. They eat in a common
dining room, and no classification is attempted. The flouring mill, barns,
stables, piggeries, sheep sheds, fowl yards, butcher shop, etc., are near
these buildings, and arc all kejDt in the most complete oi-der. They are
under the management of M. Jules Labitte, one of the three brothers to
whom the establishment belongs, Avhile Doctor Gustave Labitte is the
Physician in Chief of the entire establishment, having an assistant in
each department. The buildings for the laundry women are located a
few hundred yards distant from the last mentioned, and are of similar
character. The laundry itself is so constructed that a little river or
stream, the Beronelle, traverses its entire length, and presents much the
appearance of an ordinary mining flume, on either side of Avhich the
Avomen stand and Avash, after the custom of AvasherAvomcn throughout
France. The other colony, '' Villiers," is about four miles from Cler-
mont, and is conducted on the same principle as thatmt Fitzjames. Of
the fourteen hundred and seven patients at this establishment three
hundred and fifty are at Fitzjames, one hundred at Villiers, and the rest
at the establishment in Clermont. It is said to be a most profitable
enterprise to its proprietors, and Ave were impressed AA'ith the idea that
the patients were required to do more Avork than seemed compatible
Avith their physical and mental condition ; and the fact that nineteen and
seven tenths per cent of recoveries and forty-five and tAvo tenths per
cent of deaths to numbers admitted Avere rejiorted for eighteen hundred
and seventy is an additional reason to confirm this conclusion. Ordi-
narily the labor of five lunatics is supposed to be equal to that of one
person in perfect health, Avhilo many cannot labor for medical reasons;
but here a much larger proportion are required to Avork, and more Avork
required of them. Hence Ave conclude that this system could not be
successfully carried out in our country and among our pco2:)le.

CLOSE ASYLUMS.

This brings us to the consideration of the close asylums, including the
corridor, house, and pavilion plans. All of these have their pec-uliar
advantages and their strenuous advocates. Pkuis of each Avill be found
in Appendix F of this report. All have notes of reference explanatory
of the design, and some have been described.

The asylums in the Fnited States have nearly all been constructed
on the corridor phin, with centre buildinii: and wings. The plans of the
proposed asylum at the Cit}' of Boston, the Pennsylvania Hospital for
the Insane, and the Michigan State Asj'lum, though differing in some
respects, are all of this character, and are considered among the best in
this country, and we think are not surpassed by any in the world. None
of them could be built for loss than one thousand six hundred dollars per
patient, and the Pennsylvania Hospital lor the Insane — known as the
New Kirkbride Asylum — with all of its appurtenances would probably
cost two- thousand dollars per patient. It is a corporate institution,
intended for and jiatronized by the wealthy or independent classes, who
pay from fifteen to thirty-five dollars per week, which enables it to fur-
nish many advantages, comforts, and luxuries, and sources of amuse-
ment and diversion, that Avould be beyond the reach of institutions
intended mostly for the accommodation of indigent or non-paying
patients. Its capacity is for tAvo hundred and fifty patients.

The Michigan Asj'lum is a State institution and was designed for three
hundred, and cost four hundred thousand dollars; while the plan of the
Boston Asylum was also intended for three hundred patients, and was
estimated to cost four hundred and ninety-eight thousand five hundred
and three dollars.

Descriptions of these asylums Avill be found elsewhere in this report,
and it is only necessary to .say here that all of them might be built in
such manner as materially to lessen the cost and yet retaiji the general
design of the structures and convenience of internal arrangement. "We
will mention a few of the most prominent. The expensive apparatus
necessary to forced ventilation might in our climate be dispensed with.
It is rarely cold enough in California at an}^ season to render it neces-
sary to close all the windows of a hos]Mtal, while in Summer the pre-
vailing winds afford an abundance of fresh pure air. The Boston plan
is fifty-six feet wide, but we believe that thirty-six feet v;ould be suffi-
cient for all necessary purposes. This would give twelve feet for the
corridors and ten feet in the clear for rooms — eight by ten being large
enough for single rooms. Large dormitories we do not and never did
fancy; one in each ward for five patients would be sufficient for most
classes of patients, and anything larger than this might easily be pro-
vided by having one wing on either side so constructed as to have the
rooms only on one side the corridor, after the almost universal system
of Great Britain and the continent, as may be seen in the plans of Appei -
dix F, figures six, ten, twelve, and thirteen — the connection of the
wings to the centre building and to each other giving an abundance of
light anrl air. The bay windows and open sitting rooms at the end of
each corridor are beautiful and most desirable features of this plan, and
worthy of imitation in any new structure for the treatment of the insane.

In the Michigan Asylum the ceilings are fourteen and sixteen feet,
which we think unnecessarily high. Eleven or twelve feet would seem
sufficiently high for the wards and fourteen feet for the centre building,
thus saving another item of expense. In addition to these items that
may be saved without sacrifice to comfort or design, it must be remem-
bered that in our temperate climate not more than half the quantity of
piping and other apparatus for heating the building will be required as
are absolutely necessarj^ in the colder regions in which they are located.
A most desirable feature in the Michigan Asylum, too, is the infirmary

228

handsomely laid out and planted with shade trees, shrubs, and flowers,
impress the beholder Avith satisfaction and delight, and must produce on
the mind of the patient and his friends a feeling of pleasurable relief,
that the bare walls of a hospital, however beatiful in design and elegant
in structure, can never aftbrd.

It may be well in this connection to state that no asylum in Great
Britain or upon the continent is built more than three stories, and in our
opinion none should ever be in this or any other country. The centre
building may be three, the first wings should be two, and the last but
one. If covered with a French roof, the attic may be utilized either for
dormitories for quiet chronic cases or for such other purposes as may be
desired. No ward should be built without a wide stairway of iron or
stone at either end, that free escape in case of fire may always be made.
For the want of this necessary precaution many patients have lost their
lives in the numerous fires that have occurred in the last few years in
our own country. We ourselves have had two fires at Stockton within
the last fifteen months, but fortunately not in the asylum wards. In the
first instance the laundry was burned, and in the last an outhouse used
as a hayshed, and had the wind been from a different direction the
wooden cottages in which patients are kept might have been consumed
with the rest.

We learn, too, that the private asj^lum of Doctor Chipley, near Lex-
ington, Kentuck}', has just been destroyed by fire. This admonishes us
that we cannot guard with too much care against the danger and rava-
ges of this fearful and devouring element.

Our views with regard to the kitchen, chaj)el, laundry, airing courts,
etc., are in entire accord with those expressed by Doctor Manning, as
previously noticed in this report. It is therefore unnecessary to speak
of them here.

With an asylum of this kind, carefully watched during its construc-
tion that the endless details from a closet to a dooiiock may neither be
overlooked nor neglected, and so located as to possess all the advantages
we have pointed out, the most favorable results may reasonably bo
expected. And if in addition to this we could only have a small asylum
for the treatment of such of our citizens as may desire better accommo-
dations than the State can afford to give, our system would be as near
perfect as any in the world. There would then be no jealousies on the
jiart of the poor, and no complaints on the part of those \^o pay. The
rich would have such accommodations as they desired and were disposed
to pay for at non-speculative rates, and the jDOor would be as comfort-
ably provided for as in any other country. As already stated, we can
scarcely hope that provision will be made for the execution of this last
suggestion at the present time. The others are absolute necessities,
requiring immediate action or disastrous consequences, while this is only
a desii'able end devoutly to be wished for but not of absolute and j)ress-
ing necessity.

CONCLUDING REMAEKS.

In our introductory chapter we expressed our obligations to all who
had contributed to our stock of information or facilitated our investiga-
tions. We feel that something more than this is due from us, not only
for courtesies extended in consequence of our position as an officer of
the State of California, but for individual acts of kindness.

229

The Commissioners in Lunacy for England and "Wales, and especially
Mr. Wilkes, in addition to valuable contributions for the State Library,
gave us information that greatly aided us in our investigations. Doctor
Mandsloy, the President of the Medico-Psychological Association of
Great Britain, kindly invited us to attend the annual meeting of that
body, and there b}' brought us in contact with a large number of the
most able and learned men in the country, and enabled us to exchange
views with and obtain the experience of such men as Doctor Bucknill,
the accomplished author and Chancery Commissioner in Lunacy; Doctor
Lockhart Kobertson, also a Chancery Commissioner, and editor of the
Journal of Mental Science; Doctor Tuke, the Secretary of the Associa-
tion, and Doctors Arlidge. Blandiord. Sankey, Hood, Monroe, Clouston,
and others whose writings are familiar to the profession in this country,
and a large number of Superintendents of asylums from all parts of the
kingdom. Many of these we had seen, or afterwards visited at the asy-
lums under their management. Doctor Brushfield, at Brookwood; Doctor
Begley, at Han well; Doctor Marshall, at Colney Hatch; Doctor Ehys
Williams, at Bethlem; Doctor S. W. D. Williams, at Hay ward's Heath;
and that noble trio of genial gentlemen. Doctors Yellowlees, Clouston,
and Eogers, who reminded us so forcibly of three young Superintendents
in our own country — Doctors Eodmau of Hopkinsville, Kentucky, Cal-
lender of Tennessee, and Walker of Boston. Doctor Forbes Winslow
did not attend the meeting of the Association, but we had the pleasure
of seeing him at his own home. He is a man of such versatility of
genius and such a fund of knowledge that to be in his presence is to
imbibe information. We are under many obligations to him. A host of
others were equally kind and hospitable, and to Avhom we gratefully
tender our thanks.

In Scotland, our obligations are due to Sir James Coxe. one of the
Commissioners in Lunacy, and President of the Medico-Psychological
Association, for courteous attention and valuable reports. To Doctor
Sibbald, Deputy Commissioner in Lunacy, for devoting an entire day in
visiting with us the Colony of Kennoway, where insane persons are
kept in private dwellings, after the fashion of Gheel in Belgium; and
also for a copy of his essay on the cottage system, Doctor Mitchell's
treatise on the insane in jn-ivate dwellings, and other documents. To
Doctor David Skae, the celebrated Superintendent of the Morningside
Asylum, for giving us the results of his treatment in some cases of
ius'anit}-, together with the effects of certain remedies elsewhere consid-
ered: and to the Superintendents of all the asylums visited, for similar
favors.

Doctor Stewart, of the Belfast Asylum in L-eland: Doctor Lalor, of
the Pichmond Asylum at Dublin; Doctor Murphy, at Killarney; Doctor
Xugent, one of the In.spectors of Asylums, and other gentlemen engaged
in the specialty, also placed us under obligations.

In France, to Doctor Blanche of Passy^ Doctor Lasegue, President of
the Medico-Ps\-chological Society of France; Doctor Motet, the Secre-
tary of the Societ}'; and to Doctors Falret, Dumesniel, Morel, Foville,
Dagonet, Labitte, Arthaud, Carrier, Bruno. Hildebrand, and Ceilleux, we
are indebted for many courtesies and all the information we were able
to obtain of the condition and treatment of the insane in that country.

In Italy, Doctor Fidele, of Pome, not only accompanied us to the asy-
lum but to the numerous hospitals and other charitable institutions of
the Imperial Cit}', and gave us letters to several of the prominent phy-
sicians throughout the kingdom. Professor Xeri of Perugia, whose

230

asylum overlooks the broad Valley of the Tiber, gave us the only
general statistics that we were able to obtain in Italy, and was not only
well versed in psychological medicine, but was imparting his information
to a class of twenty medical students who were studying the diseases of
the brain that affect the mind. Doctor Cardini, of Florence; Doctor
Fouscarti, of Bologna; Doctor Biffi, of Milan; Doctor 8alcrio, of Venice;
Doctor Bramanti, of Padua, and, indeed, all the physicians and Superin-
tendents whose asylums we visited cheerfully opened to us the doors of
their institutions and aided us in every possible manner in the prosecu-
tion of our inquiries.

Nor can we say less than this of the Superintendents of the asylums
in Bavaria, in Austria, in Prussia, and in other German States, in Swit-
zerland, in Holland, and in Belgium.

Nor can we forget the services rendered us in our visits to the German
and Swiss asylums by our young and accomplished countryman. Doctor
B. B. Kent of Boston, who accompanied us to a dozen institutions, and
from his knowledge of medicine and of the German language added
greatly to the interest and j^leasure of our investigations and our travels.

To the United States Ministers, Mr. Marsh, in Italy; Mr. Jay, in Aus-
tria; Mr. Bancroft, in Prussia; Mr. Washburne, in France; Mr. Jones, in
Belgium; and the acting representative of our Government in England,
Mr. Moran ; and to the Consuls of the United States, wherever and when-
ever called uj^on, we are indebted for favors of various kinds. The}'
were ever ready to assist us in our investigations in every possible way.

It is scarcely necessary for us to say more of the Suj)erintendents in
the United States than that they are all intelligent men, devoted to the
cause of humanity, and equal in every respect to those of any other
country. Among them are men of worldwide rcj)utation, such as Doc-
tors Eay, Jarvis, Earle, Graj-, Butler, Kirk bride, Stribbling, Nichols,
Bancroft, Bead, Buttolj^h, Gundry, Curwen, and Workman and others are
well known in our own country. To all of these gentlemen we owe and
herewith tender our thanks; and to our friend. Doctor Edward Jarvis,
who not onl}' gave us free access to his splendid library, but who ren-
dered us invaluable assistance in various ways. He is a faithful worker
in the harness of humanity, and deserves the gratitude of the human
race. There are many others to whom we are indebted for counsel,
assistance, and good cheer, and to these, with the resj, we offer our
thanks. If there is any one man in this State who more than any other
is entitled to the gratitude of the unfortunate class of our citizens in
whose behalf we have pleaded, that man is our friend Colonel E. J.
Lewis of Tehama, who, sympathizing with their misfortunes and com-
prehending their sad condition, introduced the bill authorizing this
inquiry in order that public attention might be directed to their necessi-
ties and relief

APPENDICES.

[Appendix A.]

UNITED STATES.
Table 1.

Showmg admissions, loith principal causes of Insanity, and per cent of each
to admissions, in ticenty-six Asylums, in eighteen hundred and sixty-nine.

lu five thousand three hundred und fourteen admissions, • the
principal causes of insanity were:

111 health and physical disease

Spermatorrhea

Domestic troubles

IntemiDcrance

Religious excitement

Epilepsy .'

Per cent of each on number of admissions:

111 health

Spermatorrhoea

Domestic troubles

Intemperance

Eeligious excitement

Epilepsy

1486
708
544
544
527
357

27.96
13.33
10.23
10.23
9.91
6.71

Shoiving, also, the Deaths, with principal causes, and jjer cent of each to total
Deaths, in twenty-seven Asylums, in eighteen hundred and sixty-nine.

In one thousand and seven deaths, the princii^al causes of death
were:

Disease of the lungs

Paralysis

Exhaustion, from different causes

Mania

Marasmus

Old age

Per cent of each on number of deaths:

Disease of lungs

Paralj^sis

Exhaustion

Mania

Marasmus

Old aire

162

111

107

16.08

11.02

10.62

5.06

3.97

3.77

234

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238

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240

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Deaths to jN umber —■ t>: p." ^ i£ t^ ^~ ^ -^ -^ ~^ ^ ^ ^" ^ ^' ^^
Treated I ^

Proportion per cent of
Deaths to Admissions...

Proportion per cent of
Recoveries to Number
Treated

Proportion per cent of { ?g g ^^ §? 32:r^S?i{^ ;=!t5g32.3
Recoveries to Admis-
sions

Total.

Females ...

Males

C>1 u- -^ ;:) Tt« cc

Total.

Females ,

Males

i-^-j: c. -^ c-i — c ?i ■£ — ->: X r-i i^^ ^:

coco oo i-(cq T-it~i^ccx« cee^tc
;c!N 1-1^ ^Tq cciqi-': i-ir: imoo

Total.

re ::i cc ■;)< o c>
cc ^ cq IS rt CO

lCCC-»'M?qiO ISlSO I--

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Males.

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■t :M LO -*! X X Ttl
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Numbers admitted.

23::^ =23^ ^"-^ o^-fi^-fo oct-ccoo
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^ --I IM 1-1 Ol ■M 1-1 —I ^ CO Cq

Numbers resident....

cox ox -*<x o~t^i^T<>c; OCSCOIO

— cocqcqjMoqco eoeoo is

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241

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■* lO CO X 'ffl CI
CC (N «0 ■* CO <M

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i-HOOXl^-^-^iHO

1^ o LO oi (N "C l^ i-H «:

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X 1^ Ci iC 1^ "*
lO (M O O l^ O
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CO CO (M 1-1

■ !M CO • CO CO (N

CO ^ o o c^

CD >-l •* X -*
■^ CO 1-1 CO

i:^ma>xic-*ox^

COCOCOOl^f-IOOiH
CO 01 rH 1-1 CO rJH l^ CO

lO lO 1-1 o

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M=" I— I M 5 " C uj C3 oj - 5j

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1-1 02

242

1—1

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1— I

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Proportion per cent of

lO iC

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• \a -^

Deaths on number

t- m

. 00

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T-i CO

trcfttpd

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T— 1 T— 1

■ t- CD

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Proportion per cent of

C5 »0

1—1 O

(M C5

Deaths oa number

O t-

o o

M l-H

admitted

ro (M

1—1 (M

1— < 1— 1

CO -*

Proportion per cent of

Ci T— 1

1— t

»0 1—1

CO N

Cures on number

O CI

00 CO

treated

CD -tH
I— 1

00 CO
1-1 (M

o o

■^ T-l

Proportion per cent of
Cures on number

l-H (M

CO CO

CD
CO

CD t-

CD T-l

05 O

^1 °^

admitted

ci ci'

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1—1 If3

Number Remaining...

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Number Died

r^ »!:o

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Number Cured

1-H -M

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1-1 00

CO b-

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t- t-

■-+ (M

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t- 00

O t-

1—1 C5

C5 t^

Total

M ^

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T-< t-

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i-H -H

CO t-

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1-H -Tfl

Male

00 00

Tf o
1—1 1—1

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CO

1—1

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Number Admitted....

00 CO

t- Tt4

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Number Resident

G5 (M 1— t (M CO CO iM O OO C; CO CO

1-1 Ci (M 1-1 C-l -t CO C-3 Ttl

1—1

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243

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O l^ 1-; M

w' ~' -t 00

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lO lO ro t^ t>» ^ 5-1

oc c-i t^ o C5 CO ci

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r-i T-i ci ^

lO Tfi C<J (M

>-i 1>- CO '-0 CO fO CO
t» l>- C5 lO O lO CO

iri 1-H ci id 00 o »fi

(M -* <M CO lO CO (M

Ci iM in

O 00 o

■^ CO Tf

CO GO lO to O CO CO

CO t- o c o o m

S^l 1-1 CO M i-H CO (M

-^^'toococo'MC^icomco-tico

(M CO CO CO '^ '^ T-l Tji (M t- rH

S^l 00 C<I o
CO in r-4 lO

!>• CO -rt* 1— I 00 1— I T— i

<M CO CI in ^ o CO

o:3co-+ot-coco-*incoco
T-icotnocO'-H'-OTtHooccoco
CO t- t- CO in CO !M in CO T-i CO CO

I -rf^ O t-

t- C5 Tt<
I CO CC CO

t- CO »n i-< o

-^ CO CO CO Ci
1—1 1—1 (M

CO CO 00 t-

CO 00 --o m

1-! CO CO <M

O O 00
t- CO l^

T-l I— I (M

o-finfMcoinci-tcoi-iooo

(M CO t- O CO O t- 1-1 -t< CO Ci C-1
1—1 CO CO 'M "M 1—1 CO 1—1 (M 1— I

1— iCOt-rfHOCOCOC-lt-M-fCii— i-tcocooco

ococoi-fCit-ooocorHCorMcoincoT-Hinin

CO i-< CO 1— I 1-^ CO CO 't (M ?M 1— I Cq 1— I T-l CO Ol W (M.

1^ j3
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35 CJ _

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CO
00

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Whi;^mg^H^HpQ^WGQH;^^

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020

244

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r-i

'■+3

0L>

■-^

h-l

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Proportion per cent of
Deaths on number
treated

Proportion per cent of
Deaths on number
admitted

Proportion per cent of
Cures on number
treated

Proportion per cent of
Cures on number
admitted

Number Remaining..

Number Died.

Number Cured.

Total.

Female.

Male-

Number Admitted.

Number Resident.

O r-l CO C5
Tt^ O 00 lO

id ?o 1^ CO

1— I C5 iM -t(
CX) O T— ( o

t^ id >-< L-^

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■ -►^ ""I fLi -
■T'o -^ - 3 +-

iville, Ten
in, Texas.,
tleboro, V
iamsburg,

- C
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5
I

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hSp

Hf^

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3 ?

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246

CANADA.
Table 5.

CD 2

2 5

t£.o

" o

C 3

S o

. hnj

ffi *^

: o

S.O

: c

<T> C

• 1-!

P-3

: CD

: o

o o

^•S

1869.

Halifax.......

Toronto

Provincial Asylum, Frederickton
Prince Edward's Island

1870.

Halifax

Toronto

Provincial Asylum, Frederickton

216

518

238

245
509
239

130

70
121

124

295

595

368

315

630

363

16
33
23

35
30

24;

ft
<

-«1

Avenxgp capacity

Cl X — — s

-^ ^ -.c CC -H

ot Asj-lums

"S-H N ^

C -O K i.-r O

-f"

1^ -H :

Total

..-: tit- -. -j

CO X :

;J;^^r^ -1

,_r

■*

■*'*'-«<» •

l-X '•

e<j

1^ 1- -H CO :

^
r*

Pauper patients

T»r :

CO x> :

©'•o :

—1 :

•*

CC ■M 5i » O

l"^

: CO :

^ -1< i~ -J- CO

1-1

: 1^ :

Private patients....

?^ X^i-O^-i O

C3__

• 0^ i

Number of Asy-

00 I.': »-i CO ee

lums

-^r-iT^

.-1

Average capacity

J^ i-O O CO 35
OC rt l~ CO J-1

of Asylums

CO i-l rt

CI ^ 1^ CO a> 1 -*

:
O 1^ •

l-(

O CO 1- o ri

<s^ :

Total

CO l^ O UO r.<

X « :

I-

■*rte^ (N

i-T

oio :

1-1

O •« Oi l^ •'

OI:^ •

Pauper patients

X_-^ ;

1-1

rH :

i-(

coo S3 i-l CJ

:© :

rH O 1- rt 0^

: "5 :

Private patients....

(N lO^'N iO rt

•*

00,

Number of Asv-

«•- in l^ S3 rH

eo 1-1 coi^

Average capacity

^ ^ ,-1 o Ol
00<»Tt<0

of Asylums

Cq r-l (M

O — 1 l^ 0-1 -o

I-UOM

cc -H -.; -^ o

C3 lO CO

Total

t:< 1-1 1- 00 -o

l^X

lC.-(C<l CO

co'

t^f

■^

1- -)< r)< 0-1 O

1-x :

•* X O CO -^f

Pauper patients

c-l_co tr^co^^i-i

I- 'i* :
iCaT :

1-1

03 1^ CO © --0

iffl

: t^ :

CO !M O CO O

!:S

• CO :

Private patients....

(M i^ -^.lO^Tl^

: "* :

Number of A.sv-

^ -H I.-; '.3 CO

lums

C» rnrfSl

s ^^! } i^

'P> : O X S

TO .ir-i 3 3

^ ^-^s"^

: 3 •

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:^ :

bfl— 2^r3 -^

• ^ '

iiiio

:i£".|-i

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2 a; :

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r:^ " 3.

i s

■©

s\l'> 1 ^

■1 2

^S^

•

1 6;^;^A^5

H1h''<.H

248

■^

Per cent of Deaths
on No. Treated....

Per cent of Deaths
on Admissions

Per cent of Cures on
Number Treated..

Per cent of Cures on
Admissions

Numbers Died.

Numbers Cured.

Numbers Treated ...

Numbers Admitted.

Total.

Females .

Males.

■^C5C5i-H coiOThNC5505oqq>coooiO

COi-irHilDCDodt-^OCOCdt-^Ood'^'oi

(M_ ID i-H CO rH O ^ CO CO Ci CO Ci O M (>1

-^* r-! rjH c-i c<i CO o Tfi 'f 1-^ CO 00 ^ ci t^

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(M r-(

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O T-H 1>^ Ci C5 00 ci CiO CO '+' CO T-i (LO o c<i
T^ '^ CO ^ T-H CM M CO CO CO CO (M -^ CO ■*

lOiOiOOt— (Mb-C0t>-iOCDC0COlOT-l
xt< COCOCOCCGO«niO<NC-OCO o

-t(iOiCCO(MC5iOCiO'-iOOO«OT-IOO'»
T-lTtH^'-i(Mi-iC0COCOCO-«*<MGS -*

t-C-jrHCOCOrHlOCOCOCOi— llOt^CO-^

t^t-COCWiOC^lr-iOi— iCjCOI^OOOCO

t^ (>J Tti lO r-<^iO^00 00 l- CO '^ t- 1-1 lO

lO CO O CO lO CO (M CO CO t^ O -* -t CO GO

COO(MCOT-i(MCOCOCOCii— It— iCi(MO

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CO 1— I (M T^ CO^O^CO CO lO (M CO »0 T^

00 CO o
kO 00 -^
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r-l lO 1— I
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1— (COt-CMOOi— ICOt-(
COCOt-ICOCOtHCOi— I
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t-t-Ci^COi-iOCOM
7— (t— lO'i— i^Ct-hcjOO
CO00C0C0(MrHi-IC<l

oi S ^ - •---

s^^

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C3 Q

W p

2i o

.^ o

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Opq

b^ s

■3 O
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> — r
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5m5WomWwffl3p^wm

249

t«OCO->!l'r-l05rJ41fti-;

oococoi^ousci'^ci

eococcc^ii---f'-i'-ico

CO C» ■* «0 t-J CO O C5 t--

o
CO

CO 00 -^ C-l fO O '*_ W o

CO r-! i^ iri ro o ci CO t1<

ccccoiOi-icofMroo

OrO'^fM'-"'— tCOMO

iftrooi— looiot-oo

COtJhiO'— t r-li— lOt-

i-it-oocO'tb-ocoro

■«!t*OCOCOiO(MOOO

C500l-H'T^l— iccoocoio

1—1 T— I -^ T— I 1— t T— I

t-'tCC<MC5lOOCC'#
GOCOOOrOCCiTSt^Ci
lOTjiJCC^l'— I"— Ir- ICO-*

lorct^t-ooob-^'-^

i-H-fOOOGOOGt-t^t-
CO iM 1— ' '^ I— I 5<J

(M T-l CO CO <=> <M 'M C5 CO

t- 71 CO cr. o o CO Ci <M

(M ^1 I—I vm 1— t 1—1 (M

' CO
-tf S 00 t^

c u

^i'-'t^

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00 a .ti;

250

Total

CO
r-H

O (M

C CO_^

T— 1

11,462

47,375

3,955

2,759

3,790

10,504

36,871

13.5

Females ..

CO
00

co"

1— (

CO 1-1
CO CO

CO^

. !M CO CO CO
• 1-- CI CO o

'• c<r i-Ti-Tio"

: I— I

Males

Tt4 1-1
r-^CO

.'CO T-H t^ rH
•CO CO C lO

: la
'■ oi

Total

Females ..

CO
1—1

Males

CO
1—1

M
A*'

Total

1— 1
Ci

Females ..

Males

CO
Ci

co'^

•

< (

CD
CO
1—1

T-T

6
a>

02
'■42

oi
P^

Cm
O

a
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a
P:

c;
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C

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c
c

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o :

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03 :

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>

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eS >
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1—1

1—
CO

£
o

a
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'S .
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^^ a

o "-+3

o ^
o S

O c

251

ENGLAND.

Table 3 — Continued.

Males.

Females.

Total.

Propoi'tion per cent of recoveries to admis-
sions

30.

38.

34.

Proportion per cent of recoveries to numbers
treated

8.3

Proportion per cent of deaths to admissions.

Proportion per cent of deaths to numbers

ti'cuted

36.5

29.5

33.

1871.
Proportion of pauper lunatics to total pau-
pers

4.63

Proportion of pauper lunatics in asylums
and Avorkhouscs

85.43

Proportion of lunatics maintained by rela-
tives and others

14.57

Fifty-four English asj'lums made postmortem examinations in thirteen
hundred and fifty-two eases, out of thirty-one hundred and thirtj'-five
deaths, in the year eighteen hundred and seventy.

252

ENGLAND.

Table 4.

Shoiving the ratio of total number of Lunatics, Idiots, etc., to population in
each year from eighteen hundred and sixty-two to eighteen hundred aiid
seventy-one, both inclusive; also, number of patients in private houses, and
number in asylums, tvorJchouses, etc.

Number

in private

Number in asylums,

otal
ofluna
iots, et
uary 1

houses.

poorhou

ses, etc.

YEAR.

lum
tics,
c, J
st...

'^
p

: f= — o"

9 o

^:J

•o

: 1 1 -i

: o

1862

20,336,467

41,129

2.02

146

6,157

•
5,274

29.552

1863

20,554,137

43,118

2.09

153

6,405

5,354

31,206

1864

20,772,308

44,795

2.15

159

6,541

5,446

32,649

1865

20,990,946

45,950

2.18

212

6,557

5,662

3.3,519

1866

21,210,020

47,648

2.24

227

6,580

5,873

34,968

1867

21,429,508

49,086

2.29

223

6,638

5,920

36,305

1868

21,649,377

51,000

2.35

274

6,829

5,850

38,047

1869

21,869,607

53,177

2.43

324

6,987

5,900

39,966

1870

22,090,163

54,713

2.47

356

7,086

5,924

41, .347

1871

22,704,108

56,755

2.49

392

7,331

6,062

42,970

253

ENGLAND.

Table 5.

Showing total number of Paupers and of Pauper Lunatics, Idiots, etc., with
the proportion per cent of Pauper Lunatics to Paupers, the proportion per
thousand of Pauper Lunatics to popidation, and proportion per one hundred
thousand of non-Pauper Lunatics to popidation.

YEAK.

Total number of
paupers of all
classes on Jan-
uary 1st

Total number of
pauper luna-
tics, idiots, etc.
January 1st

Percentage of
pauper luna-
tics, etc., to
paupers

Proportion per
1,000 of pauper
lunatics, etc.,
to population....

Proportion per
100,000 of lu-
natics not pau-
pers to entire
population

1862

946,166

35,709

3.77

1.75

26.6

1863

1,142.624

37,611

3.29

1.82

26.7

1864

1,011,753

39,190

3.87

1.88

26.9

1865

974.772

40,076

4.11

1.90

27.9

1866

924,813

41,548

4.49

1.95

28.7

1867

963,200

42,943

4.45

2.00

28.6

1868

1,040,103

44,876

4.31

2.07

28.3

1869

1,046,103

46,953

4.48

2.14

28.4

1870

1.083,532

48,433

4.46

2.19

28.4

1871

1,085,661

50,301

4.63

2.21

28.4

From the above we find there is one pauper kmatic to every twenty-two paupers; one
pauper lunatic to every four hundred and fifty-one of the population, and one non-pauper
lunatic to every three thousand five hundred and eighteen of the population.

254

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T—i

CO lO 'rt* CO 1-1

rH '^t O lO t-

G<j

Cq CO rH 00 -^

'V^

i—{r-lT-t

T-t

lO CO rH O --H

c^i in '^ CO cri

O CO Cq t^ CO

1— 1 1—1 rH

c:';^

>. i^ §■&

!» . H g OQ

■*^

5 Pi o s ^ S

0 0
0

0 '^ s

?i- ^^^^.p

fl ^

-t-J

S P^.2 s^a

.2 a

9 -^

256

ENGLAND.

Table 8.

Showing Length of Bmdence in Sixteen English Asylums of Patients who
Died therein or ivere Discharged therefrom liecovered in 1870.

DIED,

Discharged Kecovered.

LENGTH OF EESIDEK^CE.

XJnder 1 month

67
56
69
76
212

32
43
31
29
52
235

84
110

128

447

15
92
105
97
52
38

10
81
182
139
53
54

Over 1 and under 3 months ...
Over 3 and under 6 months ...
Over 6 and under 12 months...

Over 1 and under 2 years

Two years and over

173
287
236
105
92

Totals

532

422

954

399

519

918

Table 9.

Showing Proportion per cent of Nlumbers Died and Discharged Recovered in
the following periods to the iphole Number Died and Discharged Pecovered.

XJn der 1 month

8.80
11.53

9.11
10.27
13.42
46.86

2.72
18.84
• 31.26
25.70
11.43
10.02

^!)ver 1 and under 3 months

Over 3 and under 6 months

>> ^78.55

Over 6 and under 12 months

Over 1 and under 2 years

11} 21.45

Two years and over

Total

100 00

257
ENGLAND.

T A B L K 10.

Showuvj Xiimbers Resident, Admitted, Treated, Discharged, Died, and Re-
maining; also Proportion per cent of Recoveries and of Deaths io Admis-
sions for Ten Years, 1861-1870.

Numbers.

CO >- ^

3 O

2 ^
» •-t

2 o

Numbers resident January 1st, 1861 2-1,989

Admitted ." 101,927

Treated 126,916

Discharged cured 34,716

Discharged not cured 22,826

Died 32^087

Total discharged and died 89,629

Eemaining 37,287

34.05

27.i

.SCOTLAND.

Table 11.

Showing number of Patients resident, number treated, admismns, recoveries,
and deaths, with proportion of the recoveries and of the deatJis to the admis-
sions and to the number treated in the Lunatic Asylums visited in the year
eighteen hundred and seventy-one.

"A \ t^

Proiwrt'n pr i Pi"oport'n pr
centum of ' centum of
recover's to > deaths to

S I

:t!^

^ c
p

?rB

■•^^

: o

: ^

2.5.28

11.57

18..57

11.78

22.0.3

10.04

7.71

44.82

(5..34

5.55

21.77

16.87

12.06

20.03

S"tf

Eoyal Edinburgh-
Fife and Kinross...

Dundee Koyal

Inverness District.,

Stirling District

Glasgow Koyal

754
227
190
279

545

Total ! 1,995

265

252

326

1,019
297
249
337
2.52
871

1,030 3025

118
35
25
26
14

147

365

67
13
13
26
16
71

206

44.52
50.00
42.37
44.82
5.55
45.09

35.05

6.57
4.87
5.22
7.71
6..34
8.15

6.80

258

(m"

««0

T— 1

/•o

«0

??=^
^

CO T* (M

T-

1-1 o

Ci »r3 "+1 Tfl t- »+( 05 . . . .

Total

00rHOC0CC>r5<MC5O>ftC0

t- CO lO t-

O t^ CO o

Females

T— 1 ■tH^'M^-*

CO'r-TrjT

jyfales

-f lO CI no
CO t- lO t^

c<r CO

Ci
»o

Total

CO 1^ >0 1^1
C<1 t- O 'tl

TtTr-Tco"

iM CO lO kTS

T-l (TO ^ CO

Females

lO C5 rH CO

c<r co"

P->

■ ■ ■

CO 'TtH O T-H

T-H -rt* O 00

1—1

Males

(M t^ C5 (M

CO o o o

CO t- CO OS

Total

i-<^Ti< CO^r-l

r- r r-T

lO »Ci O <M

»o

Females

O^ rfl rtl O
»0 (M CO 1-1

Tfl

»H

CO T-l Ci -fH

Males

CO CO Ci C5

»r5 (M t-

-t^ 'r^

— -^J ^

lii-s

«3 -^^ 3 "S

fH tH^ ?>

1—1

o cj 2 _^

-4^

1—1
CO

1— 1 +J

■» a:
>

(>
c

nber Slst,
coveries to
coveries to
aths to nu
aths to nu

73 J^ a r; 2

O c,_l C_ (^ (^

P o o o o

fc/3 d d !=1 c

^'g'^ §Dbx)

a .2 .2 .2 .2

,^.T;-2^_o^ 53 o o o o

g fl c3'S'S+? d p4Phi=uip-i

1> CO CO '^
!> (M <M

O oc

fl d s

O 3 ^

t" !E a>

c3 "

2rC!

F O O l-l

C^ "-H 'i-H _ti

p -tJ -*J ^

=3 C fl d

eg.

02 03 tn ©

o o o ^3

'•^ ""^ "'B !=

cj =3 2 a,
c a a !73

^ r2 .3 ?
P ^ fH "O

5^ (X> o ,
Cm c*H Cm t^H

H-3 -(J -M -»^

'-' d d '^

O Q o o

?^ o o Pw
o ;-i ^^ o

•~, O O 'r-l

fl^PL|P^p^

259

ts
s
c

^
^

o
o

H
O

'>j

„

^ o

g<1

jit «

Total

> ^ CO o i-o "2

Females..!

CO » QO '-I C-l i-i

ic 1^ CO 1^ oc •

■-1 rH -ti CO c-i ri

?-i S

Males ,

00 OS eoc5(N

Total

Pcinalos ..

Males

Total

l~ l^ Ci

) O «0 <M t-i

Females ..;

«S 0»^- CO
CO ■* t^ Tf CO
CO I-H

Males

T6tal ,

COiM >-l

Females

Males

Total

Females .

Males

O ^ CM i-< o
CO 01 CO ic cn>
-t< l.-I '^ Tfl CO

o : o
P. : a

Its I

V ^ w
r- q;) O

«j a> > t

o g <=

>'3

' 2 ^ P

O J- o
*3 o'*3

; ei.S

'SOS

p^ ca p, f3 ji,

o s

0^ S*!?

PU Ph P-i

260

SCOTLAND.

Table 14.

The ratio per one thousand of the total number of Lunatics, Idiots, and persons
of unsound mind, to the population in each year from eighteen hundred and
sixty-two to eighteen hundred and seventy-one, both inclusive.

o
p

Total number of
lunatics, idiots,
etc., January 1st.

5-S^p

c ■-<

CO ►=

: V

i 5=
: ^

Number in Asylums and
Poorhouses.

TEAR.

1862

3,083,989
3,101,345
3,118,701
3,136,957
3,153,413
3,170,769
3,188,125
3,205,481
3,222,837
3,358,613

6,341
6,327
6,359
6,468
6,616
6,762
6,931
7,157
7,409
7,808

2.05
2.04
2.03
2.06
2.09
2.13
2.17
2.23
2.29
2.32

1,741
1,679
1,637
1,609
1,568
1,548
1,521
1,500
1,469
1,430(?)

1,031
1,023
1,018
1,055
1,104
1,143
1,158
1,128
1,163
1,178

3,548
3,604
3,683
3,783

1863

1864

1865

1866

3 922

1867

4 046

1868

4,224
4,494
4,728
4,817

1869

1870

1871

I to 438

Lto 2,548

1 to 2,936

1 to 697

261

-2-i

, !>•

•2 CO

'^ '-H

^■2

«4^ ^

^00

'^ 1

« s

•^ S?

S k^

» s

|e^

•^•>

•s-~

S V-

<w JU

^Wi

S^ ^

^!^

■^ ts

^ i^

Pi^

1—1

s"^

t-H

« CO

-2"S

O
O

-sJ

c»

.1^

Total.

Fomalo..

Male..

^Total.

Female..

Male.,

Total .

Female..

Male..

Total.

Female..

Male..

Total .

Femala.

Male..

Total.

Female..

Male..

Total .

Female..

Male..

CC CC 1*
r-l-(0

-rodci

OOC<lCq (M

3sg "

IStt r^

S fi ci laP-i

262

St,

^ r-i

CO '^

•f^

CO
CO

'b^

Proportion per cent
of deaths to num-
ber treated

Proportion per cent
of deaths to admis-
sions.^.

Proportion per cent of
recoveries to num-
ber treated

CO t^ 00 o CO eq

CJ rH CO CD 0> CO

T+^ rH O CO O (M CO

CO ci ci CO <>i CO >d

1—1 r)H O T^H JO CO CO
i>^ ^ la ci i>i ci lo

Proportion per cent of
recoveries to ad-
missions

Died.

C5 (>! cq cq (>1

--H t-I CO t-^ th

"^ (M T-l T*< CO

00
00

Tt* 1-1 O Oi 1— I

(M (M -^ CO

Admissions.

CO lO rH (M CO Ci

00 (M r-H O r-( Ttl

rH TjH CO <M

Total

Tt< CSi 00 lO O rH
CO Oi Ttl T-< O !>•
(M QO C-l CO Ol

Females .

Males

>^
en
<

Ci
Ci

CO (M '^ CO '^
O CO O Ci Ci
lO tH (M

1—1

CO CO 1-1 ^ t-

Ci T-l T-H O t-

CO 1-1 CO r-l

CO
1— 1
I— (

Eecovered

i-H CO Ci (M O

Ci Tji o CO

r-H T-i

1—1

Number treated

1 '^

^ Ci t- o o

O-l lO 1— 1 T-( (M
CO^ lO 00 CO

1— r

CO
CO

co"

£E
^ O^Cfl

§ s Pi a

S<1

a I

,+=> pj CD ;h

.2 b^.2 j^

263

CO
00

c»

CX5

'!^»

«/2

Total

0 •^ so ss 05 •-(
•"l^C-f 00"

16,749

Female...

2,124

1,569

109

246

4,032

Male

LO UO ■* CO CI C3

0 ffl 00 ffl C5 v-O

c-f •"jT

Total

Female...

Male

C-1 O O S5 CO o
1 0-1 O Ul iC (M CO

Total '-^0'-'^-^n

CO 0^ t^

r-(

Female...

CI 0 110 1- e-1 irt

O '^ rt (M T)< LO
-., 1 ' IM COO LOOO CO

Male i-i^rt^ ©

i rt ^

fpoj^j o^co cq ■«< OT_

0^ 2^ 00

1-1

Female...

Male

1-1

Total

2,968

1,940

338

432

«_

Female...

Male

•

ASYLUMS.

■ c

■I-;

£
<

C
1

)

264

IRELAND.

Table 18.
Calculated Fopulation of Ireland from 1841 to 1871.

Year.

Population.

Year.

Population.

Y''ear.

Population.

*1841

8,175,124

*1851

6,552,385

*1861

5,798,967

1842

7,996,219

1852

6,472,830

1862

5,728,565

1843

7,821,253

1853

6,394,244

1863

5,659,012

1844

7,649,920

. 1854

6,316,628

1864

5,590,312

1845

7,482,687

1855

6,239,928

1865

5,522,437

1846

7,318,985

1856

6,164,171

1866

5,455,387

1847

7,158,800

1857

6,089,343

1867

5,389,161

1848

7,002,164

1858

6,015,400

1868

5,323,730

1849

6,848,931

1859

5,941,947

1869

5,259,100

1850

6,699,063

1860

5,870,226

1870

5,195,236

* Prom census returns — remaining years calculated.

Table 19.

Showing proportion of the Insane to the total of pojmlation of Ireland for the
years 1848, 1851, 1855, 1856, a7id 1861.

-So

S <5 _

— P o

1848.
1851.
1855.
1856.
1861.
1870.

11,678*

15,098

13,493

14,141

16,749

17,194

7,002,164
6,552,385
6,239,928
6,164,171
5,798,967
5,195,336

1 to 600
1 to 414
1 to 462
1 to 435
1 to 346
1 to 302

17
23
22
23
29
33

*Approximately.

205

IRELAND.

Table 20.

Ciiu'l condition of Patients in Asylums of Ireland on the first of December,
eighteen hundred and seventy.

Single

Married....
Widowed.
Unknown

Total....

7,460

Table 21.

Showing Duration of Disease on Admission of Patients Discharged Recovered
from the District Asylums for the Year ending December Slsf, 1870.

Under three months

From three to six months...
From six to twelve months

From one to two years

From two to three years....
From three to four years..:

From four to five years

From five to six years

From six to eight years

Eight years and upwards...
Not specified

Totals

266

lEELAND.

Table 22.

Showing the number of patients in the Lunatic Asylums of Ireland, with the
admissions, discharges, deaths and escapes, and proportion of readmissions
to admissions for the first time.

FOR THE YEAR ENDING DECEMBER 31, 1870.

£.

Number of patients in Asylums Dec. 31, 1869..

Number admitted for the fir.st time

Number of readmissions

Total admissions

Total number under treatment

Number discharged recovered

Number discharged relieved

Number discharged not improved

Died

Escaped

Total discharged, died and escaped

Number remaining December 31, 1870

Proportion per cent of readmissions to admis-
sions for the first time

1,141

224

549

160

378

971
196

539

110

330

2,112
420

276

111

708

3,788

1,365
5,153

1,163
3 990

19.6

3,333

1,167
4,500

1,030
3,470

20.1

7,121

2,532
9,653

2,193
7,460

19.8

Males.

Females.

Total.

Proportion per cent of recoveries to admissions

40.
10.6

27.7

46.
11.9

28.2

43.

Proportion per cent of recoveries to number treated

Proportion per cent of deaths to admissions

11.2

27.9

Proportion per cent of deaths to number treated

7.3 ; 7.3

7.3

Proportion per cent of pauper lunatics in asylums and
workhouses

55.2

Proportion of lunatics maintained by relatives and others

44.8

267

IKEL AND
Table 23.

17,194

The total number of insane (including idiots), December 31st
1870, was

These were distributed as follows:

In district asylums

In i^rivate asylums

In Workhouses

In Jails

In Lucan, supported by Government

In Central Asylum for Criminal Lunatics

At larire ,

6,655

638

2,754

167

6,936

17,194

Of this number about nine thousand four hundred and ninety-eight
ai'e paupers, supported in asylums or Workhouses; and the remaining
seven thousand six hundred and ninety-six are supported by relatives or
others in asylums or elsewhere.

The asylums are:

District asylums 23

Private licensed asylums 20

Asylum for criminal lunatics 1

Total 44

Table 24.
Numbers of Insane {exclusive of Idiots), Decembei' Zlst, 1870.

Males.

Pemales.

Total.

In police districts, exclusive of those in asy-
lums. Jails or Workhouses

In Union Workhouses

In district asylums

In Jails

In i^rivate licensed asylums

In Central Asylum for Criminal Lunatics....

Totals

1,526

448

3,440

281
117

5,812

1,228

697

3,007

327

5,310

2,754

1,145

6,447

608

167

11,122

268

^
^

cyoo

.o g

a,^

!^ ."^

ftn ;S

<^ ro

-< S

•K- S

^ ^

•K-^

CO -C

•

-< «

^ S

T-T

h- 1

!tl ~i

S"^^

CV-I

"^s

•Jll

'!^

!»:>
S

Proportion per cent
of deaths to num-
ber treated

CO !> 00 O
l-H £^ O t-I

Proportion per cent
of deaths to admis-

Proportion per cent
of recoveries to
number treated

Proportion per cent
of recoveries to ad-
missions

Deaths

Recoveries

Number Treated..

Admissions

Total.

Female..

Male.,

<
O

l-H

CO tH T— I 1— I

id o -t^' o

CO CO lO -t<

O Tjj ^ lO

id i-i oi 1,^

t-^ Ci CO T-H

i>^ -* c<i CO

■<^ Ttl 7-1 -jH

-ti o o ^

(M CO O (M

(M Ci m '^
CO tH T-H (M

<M CO t- O

1— I CO O O-l
(M O CO OO

t- »o cq cq

CO CO (M iO
(M 1-1

■^

C5
CO

lO CO in 00

'^ t>. 00 CO

T-( 1> T^l (M

m th m I--

CO CO CO (M

o
co"

CO CO

O O Ci

CO Oi CO

m CO

00 C5 lO
t-- OO CO

CO Tr*

CO CO O CO

02 O

S L^ PI
•r-H 1^1 .n-(

<ri ^J l-H

c3 ci

-i-j id

«a2

CO (D

Ul o

T3 ^ -^ '-i <^

'■^ •-=- -r" ^ o-r; -g^Or^

o o o

www

2 2 ai

'^^ w;^s

209

BELGIUM.
Table 2.
Charges in Belgium Asylums Visited. •

First Class.

Second Class.

Third Class.

Fourth Class

ASYLU3IS.

Francs
Per Week.

Francs
Per AVeek.

Francs
Per Week.

Liege, St. Aus

38 to 76

23 to 28

2 in 1 r^

Colonv at Ghccl

7 to 11

G 5i

5 00 centi

Asylum at Ant wcri)

G 86 centi

Guislain Asylum, Ghent..
Female As3'lum, Ghent...
Du Stroj) Asylum, Ghent.
St. Julian Asy., Bruges...

19 to 57
19 to 57

5. GO centi.

5 88 centi.

2.00 centi.

Table 3.

Showing the Number of Patients in Lunatic Hospitals, the Admissions, Dis-
charges and Deaths, and, the Per Chit of Recoveries and of Deaths to
Admissions, and to Number Treated foj^the Year 1865.

Number of patients January 1st, 1865.

Admi-ssions for the first time

Readmissions

Total admissions

Total number treated during the year.

Discharged recovered

Kelieved

Not improved

Died....

Total discharges and deaths

Remaining January 1st, 1866

325
126
239
341

317

160

254

642
225
399
595

2,663

865

174

1,039

3,702

1,031
2,671

2,778
690
122
812

3,590

830
2,760

5,441
1,555
296
1,851
7,292

1,861
5,431

270

BELGIUM.
Table 3 — Continued.

3
p^

Proportion per cent of recoveries to admissions

31.2
8.7

32.8
9.2

1
39 0 34.6

Proportion per cent of recoveries to number treated

8 8 8.8

31 2 32 1

7 0 8 1

Table 4.
Belgiwn, 1863, 1864, and 1865 — Fifty-one Asylums.

-i

Number Resident.

■D
SI

o 2-
p p

3 y.

3 5s

—

!2i"

2j^

?-:

YEAR.

*^
3

5 '^
o'S-

3.;i
if

/I i-«

• i

►^
o^

r-'

r &i

f^^

2 p

■?

• to

1863

2,587

2,583

5,170

1,694

6,864

605

373

320

35.50 3

0.51

8.81

7.57

1864

2,673

2,693

5,366

1,669

7,035

577

427

590

34.57 3

5.35

8.20

8.38

1865

2,663

2,778

5,441

1,851

7,292

642

624

595

34.68 3

2.14

8.80

8.15

Total-

7,923

8,054

15,977

5,214

21,191

1,824 1

,424 1,

ro5

34.98 3

•

2.70

8.60

8.04

271

BELGIUM.

Table 5.

Increase of Insane Persons in Belgian Asylums for Ten Years (1856 to 1865),

and Annual Increase.

YEARS.

Number of
Insane.

Increase.

In 1856.
In 1857.
In 1858.
In 1859.
In 1860.
In 1861.
In 1862.
In 1863.
In 1864.
In 1865.

4,278
4,431
4,508
4,677
4,882
5,033
5,170
5,366
5,441
5,431

Total for ten years ,
Annual increase

49,217

153

77
169
205
151
137
196

75
10 less

115

jSTumber of asylums in Belgium

For the reception of men

For the reception of women

For the reception of men and women.

For pay and non-paying

For jDay patients only

For paupers only

Number of patients in all

51
17
17
17
27
16
8
5,431

The superior medical officers of the asylums in Belgium are paid in
proportion to the number of patients under their care, as follows:

NUMBER OF PATIENTS.

Francs.

In an asylum of 50 patients 1,460

In an asylum of 100 patients 2,500

T 1 f^rr^ .• i. ( Head Physician 2,500

In an asylum of loO patients | ^g,ij,t„^t-^ '^^^

In an a.ylum of 200 to 250 patients { Head^f^Y™'"" ''s50

In an asylum of 250 to 300 patients {f-^^V-an............ 3.500

272

'1^^

■5 s

r^ =»^

~ CO

'-0 S^

■ai CO

Proportion per cent of
deaths to admis'ns.

N u m b c r
treated

0 (M 0

CO ci 0
1— 1

<>1

Admissions....

0 CO r-j

id 16 00

CO 0 ^

45.1

S
0 0

.2 0

N u m b e r
treated

10.3
6.3

7.7

Admissions....

CO o-i CO

0 o) 00

^ CO CO

38.3

DeathF

t^ CO <M
rhi t- (M

T-H

'fi (M t-

CO
C<1

CO 0

CO
CD

r-i'

i-O CO (M

Adniis

sions

-t< CO rH
CO CO iH)
tH -i— I

rH
CO

ISTumber of patients
resident.

Total..

C5 t— Ci
00 00 CD
CO CO 1-1

Females

T-H CO 0

Gi t- 0
rH CO rH

CO
CO

Males

00 't C5
Oi i-H CO
i-H CO

rH ■
CO

<
>

a
a

•2 '5^3

^ q=i O

pji|.-ti oj bo

273

HOLLAND.

Table 7 .

Showing number of Patients in Lunatic Hospitals, irith Admissions, Discharges,
Recoveries, and Deaths for the Year.

1,521

500

2,021

1,658

494

2,152

3,179
994

Admitted during the year !

4,173

Dischare:ed during the year recovered

Kolieved

177
36
35

193

203
33
36

165

380
69
71

358

Not iiri proved

Died

441
1,580

437
1,715

878

3,295

Proportion per cent of recoveries to admissions

Proportion per cent of recoveries to number treated ,

Proportion per cent of deaths to admissions

Proportion per cent of deaths to number treated

35.4

41.0

8.7

9.4

38.6

33.8

9.5

7.6

38.2

9.1

36.0

8.5

Number of insane ih asylums January 1st, 1868.

Population of Holland in 18(38

Proportion of insane to population

3,179
3,592,415
1 in 1,130

Principal causes of death: marasmus, consumption, apoplexy,
general paralj'sis.

and

274

HOLLAND.
Table 8 .

AGE.

ADMITTED.

From 1844 to 1854.

From 1854 to 1864.

Totals.

Less than ten years ....
Ten to twenty years ...
Twenty to thirty years
Thirty to forty years .

Forty to fifty yeai's

Fifty to sixty years

Sixty to seventy- years
Over seventy years

Totals

142

551

490

672

669

564

462

303

382

135

198

101

2,427

2,303

23(1

1,041

1,241

1,026

685

333

148

255
788
888
692
490
242
"79

4,730 I 3,461

162
8.52
916
652
497
292
140

417

1,640

1,804

1,344

987

534

219

3,530 I 6,991

397

1,339

1,560

1,256

793

377

126

256

1,342

1,485

1,114

879

490

241

653

2,681

3,045

2,370

1,672

867

367

5,6

5,833 : 11,721

Married

1,040
l,::i87

927
1,376

1
1,967 i 1,3.34
2,763 ; 2,127

1,274
2,2.56

2,608

2 ST4.

2,201
3,632

4,575
7,146

Unmarried

4,-383 3,. 514

Totals

2,427

2,303

4,730 3,461

3,580

6,991

5,888

5,833

11,721

Insane forthe first time

Eehipsed cases

1,985
442

1,790 3,775
513 955

2,762
699

2,786

794

5,498
1,493

4,747
1,141

4,526 9,278
1,307 1 2,448

Totals

2,427

2,303 4,730

3,461

0,530

6,991

5,888

5,833 ' ll,7il

Hereditary

366 ' 4.57 1 823

879 1.0.''.Q l.aiR

1.345
4,643

1.406

4,337

2.741

Not hereditarj^

2,061 1,846 ; 3,907 1 2,582 ' 2^491 bJflZ

8,180

Totals

2,427 1 2,303 4,730

3,401 3,530 1 6,991

: 1

5,888

5,8.33

11,721

From intemperance

307
2,120

53 360 c86
2,250 4,370 2,875

109
3,421

695
6,296

893

162

1,055
1,066

Not from int( mperance

4,995 .'',671

Totals

2,427

2,303 4,730 \ 3,461

3,530

6,901

5,888

5,833

11 7*^1

Mania

Monomania..
Melancholia.

Dementia

Idiotisme

Epilepsia

Totals ...

871

981

1,852

436

331

767

322

434

7.56

507

391

898 i

168 !

193

289 ]

2,427

2,.303

4,730

1,5.54
212
635
622
162 j
276

3,461

1,574
221

883

5.54

199

3,530

3,128

4.33

1,518

1,176

261

475

6,991

2,425 2,555
648 5.52

957

1,129

260

469

5,888

1,317
945
169
295

4,980
1,200
2,274
2,074
429
764

5,833 11,721

275

HOLLAND.
Table 8 — (Continued.)

CURED.

AGE.

From 1844 to 1854.

From 1S54 to 1864. Totals.

Less than ten years

1
44

188
222
182
110
45
6

1
39

227
244
176
139
49
22

83
415
466
358
249
94
28

87
313
312
246
184
80
14

59
419

437

267

164

2
146
732
749
513
348
156
32

501

534
428
294
125
20

2
98
646
681
443
303
125
40

4
229

Twenty to thirty years

Thirty to forty j'c^ars

Fortj^ to fifty years

1,147
1,215

871
597

Sixty to seventy years

250
60

Totals

798

897

1,605

1,237 1.441

2,678 2.035 1 2..338

4,373

393
405

407
490

800
895

533
704

614

827

1,147

926

1,021
1,317

1,947

Unmarried

1,531 1 1,109

2,426

Totals

798

897

1,695

1,237

1,441

2,678

2,035

2,338

4,373

Insane for the first time

611

187

640
257

1,251
444

905
332

997
444

1,902
776

1,516
519

1,637
701

3,153
1,220

Totals

798

897

1,695

1,237

1,441

2,678

2,035

2,338

4,373

124
674

164
733

288
1,407

338
899

437
1,004

775
1,903

462
1,573

601
1,737

i,e63

3,310

Totals

798

897

1,695

1,237

1,441

2,678

2,035

2,338

4,373

135
663

876

156
1,539

231 50

281
2,397

366
1,669

2,267

437

Not from intemperance

1,006

1,.391

3,936

Totals

798

897

1,695

1,237

1,441

2,678

2,035

2,338

4,373

425
1.54
132

61
4

515

135

198

2
6

940

289

330

102

782
84

260

818
79

442

1,600

163

702

173

1,207

238

392

144

1,333

214

640

131

2,540

452

1,032

275

Totals

798

897

1,695

1,237

1,441

2,678

2,035

2,338

4,373

276

HOLLAND.
Table 8 — (Continued.)

DIED

AGE.

From 1844 to 1854.

From 1854 to 18G4.

Totals.

5
a'

Less than ten vfars

28
107
216

258
170

88
48

2
35

177
336
391
320
199
160

7
35
183
308
317
261
146
81

4
34
107
211
204
204
213
173

11
69
290
519
521
465
359
254

9 4

63 ! 41

290 ; 177

524 .^.'^l

70
120
133
150
111
102

104

Twenty to thirty years

Thirty to forty years

467
8.55

Forty to fifty years

Fifty to sixty years

575
481
234
129

337
354
324
275

912

785

Sixty to seventy years

Over seventy years

558
404

Totals

917

693

1,610

1,338

1,150

2,488

2,255

1,843 4.098

Married

437

480

265

428

702
908

557

781

378

772

935
1,553

994
1,261

643
1,200

1,6.37

Unmarried

2 461

Totals

917

693

1,610

1,338

1,150

2,488

2,255

1,843

4,098

Insane for the first time

Kelapsed cases

815
102

618
75

1,433
177

1,186
1.52

1,006
144

2,192
296

2,001
2.54

1,624
219

3,625
473

Totals

917

693

1,610

1,338

1,150

2,488

2,255

1,843

4,098

Hereditary

100
817

87
606

187
1,42»

230
1,108

252

998

•

482

2,006

330
1,925

2,255

339
1,.504

669

Not hereditary

3,429

Totals

917

693

1,610

1,338

1,150

2,488

1,843

4,098

From intemperance

286

678

106
1,504

190

1,148

1,338

31
1,119

1,150

221

2,267

281
1,974

46
1,797

827

Not from intemperance

3,771

Totals

917

693

1,610

2,488

2,255

1,843

4 098

Mania

247

124

358
40
78

186
88
89

245
29
56

433
212
159
603
69
134

400
77

182

414
63

202

348
77

200

368
42

115

748
154
882
782
105
317

647

201
252
772
103

536
165
289
613
71
171

1,181
366

Monomania

541

Dementia

1,385
174

451

Totals

917

693

1,610

1,338

1,150

2,488

2,255

1,843

4 098

277

Totals

Females

Males-

Totals.

Females

Males

Totals.

Females

Males.,

Totals.

Females

Males-

Totals..

Females

Males-

Totals..

Females

Males..

CI i~ -.C' « »t< -t< 2 C5 lO lO

CJ -r O L,- ccM Ol rt t-i CO

■>»< r-1 <M C^l 1-1 i-( rt 1-1 rH

O5OJ«O->!*li-l.-100!MC5-H
F-H 00 CO (M Ci <M CO Oi l^ i^
lO C^ CO CO 1-1 i-H iH r-1

iO(Ncoeo<NiHi-i>-ii-((r<

O'S ^ IQ C-1 lO O CO O CO .H
(N 1-1 iM 1-1 r-( 1-1

O CO -* O l-~ O-l C3 t^ O CO
1^ CO CO M CO CO IM
-* lO lO CO

oiCicoi--!»coi-iim^(X)

lCOTtli-li-IO'*i-l
lO l^ 1-^ 1*1 1-1

OCOCOCOO^CIC^ICOCO
OCOOCOlO-^tMi-l
(N CO •* <M

O C-« CO 00 lO 1-1 1-1
(M CO CO 1-1

•*t^(Mi-l0505iCCOlOO

Oi oq iCi CO to CO <N 1-1 1-1
CO ■* -^IM

in lo CO iti Gi to lO CI CO i^

O 1-1 lO C-1 CO <M 1-1

CnI (N cq i-i

(M CO W 1-1 ^ CJ l^ (N 1- ^
C5 C3 01 CI CO OH-- l-^ ■*! lO
CO 1-1 C-) (M 1-1 1-1

3
i-T

O ift CO Ci 1^ 00 1^ o -^ ^
lOl-OOCOOTtlCO'+KNflO

I-l

Oi
CO

COCO^C-lOrHOlM^O
COrt-flCOt^lOTtHCOlMl^

i-Ti-T

CO_

o a oj
S M >

i2 «i * £ 03 ca

cs Of g- 03 aj a; ,.

>a tr j:! >i^ r., C3

-^ +-■ o - S Q CI

r- £ ,. CJ o s S

— "r:^ >^ rH t^ ^ -^

s >^

;-; b; ^-^.o-^-T-.

mOOOOOOOOS

278

HOLLAND

Table 9.

Admitted.

Cured.

Died.

1844

1854

1864

1844

1854

1864

1844

1854

1864

Married

41.6

58.4

37.3

62.7

39.4
60.6

47.2
52.8

42.8
57.2

45
55

42.9
57.1

37.3
62.7

40 1

59.9

Insane for the first time

100

79.8
20.2

100

78.6
21.4

100

79.2

20.8

100

73.9
26.1

100

71.2

28.8

100

72.6

27.4

100

89
11

100

88.1
11.9

100

88.6
11.4

Hereditary

100

17.4

82.6

100

27.4
72.6

100

22.4
77.6

100

28.9
71.1

100

22.9
77.1

100

11.6

88.4

100

19.4
80.6

100

15 6

844

From intemperance

100

7.6
92.4

100

9.9
90.1

100

8.8
91.2

100

9.2

90.8

100

10.5
89.5

100

10.3
89.7

100

6.6
93.4

100

8.9
91.1

100

7 3

Not from intemperance

92.7

Mania

100

39.2

16.2

19
3.5
6.1

100

44.8

6.2

21.7

16.8

3.7

6.8

100

11.2

18.8

18
3.6
6.4

100

55.3

17.2

19.3

6.1

0.4

1.7

100

60
6.1

25.8
6.5
0.4
1.2

100

57.7

11.7

22.5

6.3

0.4

1.4

100

26.9'
13.1
10.2
37.2
4.3
8.3

100

30.1
6.2

15.5

31.5
4.1

12.6

100

28.5

9.7

12 9

Dementia

34.3

Idioti«me

4 2

Epilepsia

10.4

100

279

'tr.

?. o

'i §

"to
Co

S ea

P.O

Treated.

CO O i-H

ci d CO

Admisions.

.2 ^
o o

Treated

Adns^ssions.

Died.

Cured.

O M t-;

iri i-H -fH

•^ "^ "^

CO 00 t-;
lO 00 rH

lO '-tH 1—1
(M OO CO

iM O lO
CI i* lO

Treated

OO C^l i>l

lO CO i-H

»o o CO
cx) cr^ I-

Admitted.

©•^

Total.

Females-

Males .

-f ir^ 00
C' OO 00
CM CO

CI t- CO M i« -1^ C>1

<-H d oi i-^ 00 ci -t

00 (N O 00 t^ lO Ci

CO i6 ci d r-5 irj d

CO -11 CO CO '^ O !M

1-. t-. r-J CO O O O

d rti OO 00 d d d

^ l~- CO Cl m >« lO

r-i d -t^' -fH d id CO

CO T-H CO ■* (M CO C-1

CI O lO CO T-H O CO

CO O l-^ t^ r^ lO o

T-H !M

(M t^ CO cj Ci cq T-i

t- CO CO OO <M CO O
CO

(M t^ lO CO ^H O CO
-t -^ O O GO CO 1^
t- CO GO O -t< lO 00

O O -M GO 00 O i^
iM -H Ci Ci C5 C5 kn
CI -h T-l i-H ^'„

i-H T— I GO O r^fl CO CO !>• CO CO CO O O
COrMCOO-tlCO'— iOtHOG0-+IO
t-.i-ICO'^^iO iO-)HCOC5C0-*CO

o t-

lO C5

Th lO

CO CO lO

CO ^ i— <

C^l CD

00 CO lO o
O r- -M O
C5 C-1 (M CO-

1— l-t<G0O-t<O»OC^lC0
CO '-H OO O -tl CO CO C5 i-H
00 »0 CO Ttl »0 Cvl t- CO

■^3 ac M o

^<^ S c! "^ =3 -ri

n
o

o »o o

1— T— I O

T-l Ol CO

OD .r- '-"^ ."" □ ^ r-l r-^ "-^

e (rf o ci o S -^ ~ , _r <a

I 1^2-^1 g § 2 §^

■^ a "S^

[J* ij ^-^ •— ' ■— < r— i •— .\^ ■" ■ 1^0

co"^

CO
GO
CO

280

O CO

^■l

e:;

Per cent of deaths
to number treated

C-1 —

oo'oo'i^

O "M* C<I CO CO •*' CO

Per cent of cures to
number treated...

M i-H'Mi-l li-lr-li-H .-l(Nl-H

1-t

Per cent of deaths
on admission

^ O ci I-^ X LO C5 o' OO t^ O CO 'H

l-?-1(MCO»HIOCOC^eOr-( (M

X
CO

Per cent of cures on
adniis*i<^n

l-^ T)5 r£ ^^i£^^^ ^ ^ (-5* (^
»<MLOl-.CO0<l-*ICOCOrHCO'*-<l<

coco

(N CI-

Number
Died.

Total

CO c»t^

LO CO O O CO l-^ CO 00
Tj<o<35 00!N

Pemale...

OC1(M CO
COLOrt

Male

CO : t-~ ^ ■* eo

CO rCOrH

Improved or
otherwise.

Total

l-l 1-t

« O LO 00

c^^^r^co

X ^ o o

Female...

TJICOLO

Male

rt<XLO

Number
Cured.

Total

csoooo^cO'tiooGsi^tjtao

-M CO' T « CO l^ 1^ LO O iH r-l rH

Pemale...

C5 :o :

O CO LO CO lO
lO CO

Male

M i o :

•* : C0 1*1-1 05

t^ : •* r-i

Number
Treated.

Total

1^ CI Qo 1- ira

C l^ C» LO LO
t-( l^ C» Ol 00

1^ CO Ci 1-1 ■>* OC lO

o a: Ci CO .-( CO i-H

lO Tti CO CO 1— 1 l-l

CO
r-l

Female...

CO ^ 1-1 CO
X O 00 CO

Tj< ■* 1-1

Male

CO
CD

t^ • OO OOO

o : o 00 1^
lo : cq 1-1

Number
Admitted.

Total

CO >jO CO LO LO ',0 O CO O 1-1 CO LO OO
•*iC<lXiOO-*CiOlO(NO-*COCO
i-l cq CO Cq i-l i-H CO

C5_

Female...

1—1

1--

-■— (

CO 1— ( 1-1 01 1^
UO 02 CO i-l i-(

Male

i-H

C3 O
■CO

C2«rHX

0-1 CO 00 —1

Total

O TjH 1^ lO C-1 o

CO cc '^J* c-') I - .— 1

O O «C rH IC

1^ o <:i o 1-1 0-

CO CO 00 O 1^ CO
^ CO CO CO

1-^ TJH

Female...

Li C-1 1^ tC

c-i cq CO

000-*

CO 1-1 LO !M

CO (N 1-1

Male

lO N o cq

00 ■* CO .-H
<N ■* CO

Oi o t^
!■- LO'*

1-1 1-l

c
c

& s

c
>

c:
>

a
£

281

ITALY.

Table 12.

General Movement of Population of Lunatic Asylums — 18G7.

Number of patients iu asylums January 1st, 1807 ...

Xumber of patients admitted during the year

Number of patients discharged during the year

Number of patients died during the year

Number of patients remaining December 31st, 1867

Proportion per cent of discharges on admissions*....

Proportion per cent of deaths on admissions

Proportion per cent of deaths on number treated....

8,191
4,909
3,210
1,504
8,386

65
30
11

The discharges are all given together, heuce it is impossible to say what proportion

recovered

Table 13,

Shoicing the Hereditary Tendency to Insanity among Patients Admitted and
Cured during the Year 1868, and among those remaining January Ist,
1869, in the Lunatic Asylum at Florence.

Admitted.

Cured.

Kemaining.

CASES.

1-1

a
p

3
p"

67
44
62

41 108

28
18
26

17
24
16

45
42
42

80
104
142

102
110
167

182

Hereditary tendency not admitted....

55
45

99
107

214
309

Tola'.

173

141

314

129

328

379

707

282

(— (

<»

h<l<

■lo

5)1

«1

>/J

1:^

''^

,>-

•S

l<l

r«="

?3t,

^ s

'^'S,

.^ « 2

pq -5(H '>3

^ 53

k
~ ^ 'u

^ ^ CO

'£! 00

Proportion per cent
of deaths to num-
ber treated

Proportion per cent
of deatlis to ad-

Proportion per cent
of recoveries to
number treated...

Proportion per cent
of recoveries to
admissions

Died,

Cured ,

Treated.

Admitted.

Total.,

Female.

Male.

o iq CO Tt< t^ -^

CD lO CO O lO CD

CD Gi

N 05 in 00 •-; lO

■^ 0> lO 05 »-H r-(

C2 -* fM -^ fM CO

CO GO CO 00 CO O

t^ 0-1 CO 0-1 CI o

O 0-1 O O lO CO
•*! CO >-l CD 05

t-- oq in 01 CO o

C-l l^ C-l CO <M 0-1

'-i rH C-l i-l

©o

O CO
0-1 i-H

.2 >>o o
J3 5 >< *^

g 9 CJ ci

i_(fix}P-iM

00 CO

g; cd' :

in CO CO X

1-' I-' 01 CO*

(M Ol CO CO

t-; ■* X CD
C2 -^ CO -^

cq 0^ CO o

M Hi

^ a; ^ A5
^ o £ ^

283

LO -^ to rt

LO :N

-^' '-< ^ OC •£' c

o : CO LO

< iH : i-H

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Fig. I.

Ecferetice:

D C— Douch Cocks.
B S— B^rol Shower.
H S— Head Shower.
L S — Lumbar vShowor.
S S— Spinal Shower.
0 0 — Foot Pans fixed.

Fig. 2.

Reference:

B— Ventilating Pipe.

L— Floor.

0— Rubber Gaskets.

[Appendix G.]

/.v ss

^ HS «S H<

Ronimi Oath

Baths

Pulverising Bath

Dressinq Boom

Foul Oii/hs
0 0 0 0 0 0

wi3

Dressinq Room

Boiler Room

00 00 00
Fool Baths

Plan of Baths at Evreiu.

■Section through I K.

' \ ® 'L~^^^j ^ ^ i

Plan of Water Closet, Washington.

290
[Appendix G.]

Fig. 3.

) rig

Kitchen Boiler on pivot, at Ville Evrard Asylum,

Fig. 4.

Gat Lamp at Evreux.

Fig. 5-

IFall

Ha-ha Fence and Seat at the Darhy Asylum,

291

LIST OF ASYLUMS IN FEANCK.

•WHERE SITUATED.

Department.

Commune.

In^eiido of Establishment.

Aisnc

Ain

Allier

Ardeche

Ariege

Aude

Aveyron

Bous. du Ehone..
Bous. du Ehone..
Bous. du Ehone..

Calvados

Cantal

Charente

Charente Inf.

Cher

Correze

Cote D'Or

Cotes du Nord...
Cotes du Nord...

Doubs

Eure

Eure et Loir

Finistere

Haute-Garonne ..
Haute-Garonne .,

Gers

Gironde

Herault

Ille et Vilaine....
Indre et Loire...

Isere

Jura

Loir-et-Cher

Hte. Loire

Loire Inferieure
Loire Inferieure

Laon (Premontin).

Bourg ,

Bourg

Yzeurc ,

Privas

St. Lizicr

Limoux

Eodez

Marseille

Aix

St. Eemy

Caen

Aurillac

Angouleme

La Eochelle

Bourges

Mouestier-Merline.

Dijon

St. Brieue

Lehon

Besan^on

Evreux

Chartres

Quimper

Morlaix

Toulouse

Auch

Bordeaux

Cadillac

Bouscat

^ontpellier

Montpellier

Eennes

Tours

Ste. Egreve

Dole

Blois

Le Puy

Nantes

St. Lazare.

Ste. Madeleine.

Ste. Cathei'ine.

Ste. Marie Assompt'n.

St. Lizier.

St. Joseph de Cluny.

Eodez.

St. Pierre.

La Trinite.

St. Paul.

Bon Sauveur.

Aurillac.

Angouleme.

Lafond.

Bourges.

La Cellette.

La Chartreuse.

St. Brieue.

Sacres Coeurs.

Mon. M. Guibard.

Evreux.

Bonneval.

St. Athanase.

Morlaix.

La Grave.

Mon. Delage.

Auch.

Bordeaux.

St. Leonard.

Castel d'Andorte.

St. Charles.

Pont St. Come.

St. Meen.

Tours.

St. Eobert.

Les Carmes.

Les Capucins.

Blois.

Montredon.

St. Jacques.

r Grande Providence.

292

LIST OF ASYLUMS IN FEANCE— Continued.

WHERE SITUATED.

Department.

Commune.

Name of Establishment.

Loire Inferieure.

Loiret

Lot

Lozere

Maine et Loire...

Manche

Marne

Hte. Marne

Mayenne

Meurthe

Meuse

Morbihan

Moselle

Nievre

Nord....

Nord

Oise

Orne

Pas de Calais

Puy de Dome

Bas-Pyrenees

Bas-Ehin

Ehone

Sarthe

Savoie

Seine

Seine Infre...
Seine Infre..
Deux-Sevres

Nantes

Orleans

Leyme

St. Alban

Ste. Gemmes et Loire

Pontorson

St. L6

Priauville

Le Mesnil Garnier...

Chalons

St. Dizier

Mayenne

Laxon

St. Nicolas

Jarville

Fains

Vannes

Gorze

La Charite s. Loire.,

Lille

Armentieres

Marquelle

Clermont

Alengon

St. Venant

Clermont-Ferrand ...

Eiom

Pau

Brumath

Lyon

Lyon •..

Calvere

Vaugneray

Le Mans

Chambery

St. Maurice

Gentilly

Paris

Paris et environs

Eouen

Sotteville les Eouen.
Niort ,

Mon. Gouin.

Orleans.

Leyme.

St. Alban.

Ste. Gemmes.

Pontorson.

Bon Sauveur.

Ancien Convent.

Chalons.

St. Dizier.

La Eoche Gandon.

Mareville.

St. Francois.

La Malgrange.

Fains.

L'Humanite.

Depot Mendicite.

La Charite s. Loire.

Lille.

Armentieres.

Lommelet.

Mon. Labitte.

Alengon.

St. Venant.

Ste. Marie Assompt'n.

Eiom.

Pam.

Stephansfeld.

L'Antiquaille.

St. Jean de Dieu.

St. Vincent Paul.

Croix Eousse.

Champ- Vert.

St. Julien.

Vaugneray.

Le Mans.

Bassens.

Charenton (Imperial)

Bicetre.

La Salpetriere.

Les 13 Asiles prives.

St. Yon.

Quatre Mares.

La Providence.

293

LIST OF ASYLUMS IN FEANCE— Continued.

■WHERE SITUATED.

Name of Establislimcnt.

Department.

Commune.

Tarn

Alby

lion Sauveur.

Taru et Garonne

MoHtaubau

St. Jacques.
Mont de Verirues.

Vauclusc

Avignon

Vendee

Napoleon Vendee

Poitiers

Napoleon Vendee.
Poitiers.

Vienne

Hte. Vienne

Limoges

Limoges.

Yonnc

Auxerre

Auxerre.

[Appendix H.]

THE TWELFTH ANNUAL COMMEMORATION

OP THE

OPENING OF THE SUSSEX LUNATIC ASYLUM

WILL BE HELD

Oti Tuesday, 25th July, 1871.

Hours — 12 noon — Morning Prayer, with Commemoration Sermon.
Preacher, Eev. A. P. Perfect, M. A., Rector of St. John's, Lewes.

1-2 p. M. — Dinner in the Wards (Roast Beef and Plum Pudding).

1:30 p. M. — Luncheon for the Visitors in the Recreation Hall.

2-3:30 p. M. — Games on the Grounds. Athletic Sports. The Ock-
enden Band will play.

3:30 p. M. — Mr. Basil Young will give a Musical and Comic Entertain-
ment.

6 p. M.— Tea.

7 p. M. — Patient's Ball. To conclude at 9 p. m.

THE BALL FOR THE HOUSEHOLD

WILL TAKE PLACE

On Thursday, July 27th. 9 p. M.-3 a. m.
Mr. Squire's Brighton Quadrille Band will play.
Haywood's Heath, July, 1871.

THE ASYLUM, BOOTHAM, YORK.

PROGRAMME OF ENTERTAINMENTS. WINTER SESSION, 1870-1.

Thursday, October 13th, 1870— Ball.
Saturday, October 15th — Meeting of Singing Class.
Thursday, October 20th — Reading.

Saturday, October 22d — Discussion Club Conversazione and Meeting
of Singing Class.

295

Thursday, October 27th — Vocal and Instrumental Concert.
Saturday, October 29th — Meeting of Singing Class.
Thursday, November 3d — Ball.

Saturday, November 5th — Meetings of Discussion Club and Singing
Class.

Thursday, November 10th— Lecture, " Hull Worthies," by T. T. Lam-
bert, Esq.

Saturday, November 12th — Meeting of Singing Class.
Thursday, November 17th — Keading and Musical Entertainment.
Saturday, November 19th — Meetings of Discussion Club and Singing
Class.

Thursday, November 24th — Yocal and Instrumental Concert.
Saturday, November 26th — Meeting of Singing Class.
Thursday, December 1st — Ball.

Saturday, December 3d — Meetings of Discussion Club and Singing
Class.

Thursday, December 8th — Magic Lantern Exhibition.
Saturday, December 10th — Meeting of Singing Class.
Thursday, December 15th — Lecture, "A Visit to a Coal Mine," by Dr.
Procter, F.C.S.

Saturday, December 17th — Meetings of Discussion Club and Singing
Class.

Thursdaj', December 22d — Eeading and Musical Entertainment.
Friday, December 23d — Meeting of Singing Class.
Thursday, December 29th — Lecture, " The History of Music, with
Illustrations," by the Rev. H. V. Palmer.

Friday, December 30th — Meeting of Singing Class.
Thursday, January 5th, 1871 — New Year's Ball.
Friday, January 6th — Second ditto.
Saturday, January 7th — Meeting of Singing Class.
Thursday, January 12th — Lecture, " Thomas Gent, an Old York
Printer," by the Reverend Canon Raine, M.A., Secretary to the Surtees
Society.

Saturday, January 14th — Discussion Club Conversazione and Meeting
of Singing Class. ,

Thursday, January 19th — Magic Lantern Exhibition.
Saturday, January 21st — Meeting of Singing Class.
Thursday, January 26th — Vocal and Instrumental Concert.
Saturday, January 28th — Meetings of Discussion Club and Singing
Class.

Thursday, February 2d — Ball. •

Saturday, February 4th — Meeting of Singing Class.
Thursday, February 9th — Lecture, " Some African Tribes," by Doctor
Needham.

Saturday, February 11th — Meeting of Discussion Club and Singing
Class.

Thursday, February 16th — Lecture, " Caverns and their Contents,"
by S. W. North, Esq., F.G.S.

Saturday, February 18th — Meeting of Singing Class.
Thursday, February 23d — Vocal and Instrumental Concert.
Saturday, February 25th — Meetings of Discussion Club and Singing
Class.

Thursday, March 2d— Ball.

Saturday, March 4th — Meeting of Singing Class.

Thursday, March 9th — Magic Lantern Exhibition.

29G

Saturday, March 11th — Meetings of Discussion Club and Singing Class.

Thursday, March 16th — Reading and Musical Entertainment.

Saturday, March 18th — Meeting of Singing Class.

Thursday, March 23d — Lecture, " The Northwest Highlands and "West-
ern Islands of Scotland," by the Eev. Canon Hey, M.A.

Saturday, March 25th — Meetings of Discussion Club and Singing
Class.

Thursday, March 20th — Yocal and Instrumental Concert.

Saturday, April 1st — •Meeting of Singing Class.

Thursday, April 6th— Ball.

Saturday, April 8th — Meetings of Discussion Club and Singing Class.

Thursday, April loth — Reading.

Saturday, April 15th — Meeting of Singing Class. ■

Thursday, April 20th — Lecture, "An Analysis of the Franco-Prussian
War," by W. Wallen, Esq.

Saturday, April 22d — Discussion Club Conversazione and Meeting of
Singing Class.

Thursday, April 27th — Reading and Musical Entertainment.

Saturday, April 29th — Meeting of Singing Class.

The lectures and readings commence at six o'clock p. m. ; the discussion
meetings at half-past six; the balls at seven; the concerts at half-past
seven; and the singing meetings at a quarter j)ast eight.

NIGHT ATTENDANTS.

1. The duties of night attendants shall commence at eight p. M. on
weekdays and nine on Sundays, and cease at six a. m., during which
period they shall be responsible for the condition of the patients.

2. They are to obtain every night from the attendants on duty in
each ward the names of such patients as require particular attention,
either on account of their habits, fits, illness, or disposition to self-injury,
and to see that sufficient changes are provided for those whose habits
are dirty. Should they find any joatients wet or dirty when they go on
duty, they must require the day attendants in charge of such patients to
attend to them and hand them over to the night attendants in a clean,
dry, and proper state; and the night attendants must themselves deliver
over to the day attendants all patients in a like proper condition.

3. They shall visit each ward at least seven times in the course of the
night, and oftener if necessary, commencing their rounds at eight, nine,
ten, and twelve p. m., and at two, four, and half-past five a. m.

4. They shall administer any medicines, extra diet, wine, etc., (which
may have been ordered by the Superintendent), at the times appointed;
but shall not disturb any patient whom they may find sleeping, for the
purpose of administering either food or medicine. A dry cloth or bib
shall always be used when any patient has to be fed.

5. They shall visit every epileptic patient on each round of the wards,
and see that they are so lying as not to endanger life from suff'ocation
during an accession of fits. Should any patient at any time be found out
of bed or lying on his face, or with his head off the pillow, he must be
put to bed, placed upon his back or side, with his head on the pillow, and
shirt neck unbuttoned.

297

6. They shall devote particular attention to all supposed suicidal cases,
and remove any articles hy which they might possibly injure themselves.

7. They shall use every exertion to improve the dirty patients in their
habits, by getting thcn\ up at the stated times, and by taking such
measures as will tend to keep them clean. "Whenever any bedding is
found wet or dirty it shall be removed immediatel}-, and fresh clean
bedding substituted; or if necessary the patient shall be removed to
another room, and the one previously occupied washed out. No j)atient
shall be allowed to remain in a damp or dirty room.

8. The general quiet of the galleries must be strictly attended to, and
any noisy patient visited and quieted, or if necessary removed to a room
where he will not disturb the other patients. In going round the gal-
leries, the night attendants must avoid disturbing the patients as much
as possible; and for this purpose shall wear list shoes, and unbolt and
shut the doors quietly. They must also lock and secure the various
doors and windows of water closets, etc., on windy nights, to prevent
rattling.

9. They shall see that the various galleries are properly ventilated,
and shall personally attend to any fires which may require to be kept
burning during the night.

10. In the event of any sudden illness, accident, escape, or death
during the night, they shall report the same to the Superintendent with
the least j^ossible delay.

11. They shall call*xhe day attendants at half past five a. m., stating
to them any peculiarity which may have occurred to their respective
patients during the night; and before going off duty shall fill up the
report for the night, to be left in the Superintendent's room.

12. On Thursdays and Saturdays they shall be at liberty from two to
eight p. M., and on Sundays from two to nine p. M.; but on other days
they w^ill be expected to perform certain light duties in the afternoon.

13. In all their intercourse with the patients, they must bear in mind
that they are insane, and consequently not responsible for their actions.
Should any of them make use of abusive language, or offer them violence,
they must on no account take it as an insult, but, on the contrary, use
every endeavor to gain an influence over them by fii^m yet kind and
attentive treatment.

298

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MISSING LIST.

.Ward, No..

Attendant.

187

Article!.

Patients.

Attendants.

Laundress.

"When signed to be given to the Head Attendant.

BEOOKWOOD ASYLUM.

NEAR WORKING STATION, SURREY.

Application for Situation of.

(To be filled up in the candidate's own writing).

Name and age

Married, single, or widowed

Keligious persuasion

Post address

Can you read and write?

Brought up to any particular trade, or class of work?

Any knowledge of music, vocal or instrumental?

Present occupation

Name and address of various employers, in regular order, particularly of
all recent onesj length of time with each, and cause of leaving.

300

BEOOKWOOD ASYLUM.

BATHS — ^REGULATIONS FOR THE GUIDANCE OF THE ATTENDANTS.

1. Every patient to be bathed immediately after admission, and once
a week afterwards, unless exempted by medical order. Should there be
the slightest doubt as to the advisability of bathing any patient, owing
to sickness, feebleness, or excitement, immediate reference to be made to
one of the medical officers.

2. The name of every patient not having the customary bath to be
inserted in the daily report sheet.

3. In preparing a bath the cold water is ahoays to be turned on first.

4. Before the patient eilters the bath the temperature is to be ascer-
tained by the thermometer, and is not to be less than eighty-eight
degrees, nor above ninety-eight degrees. In case of the thermometer
becoming inefficient from injury, etc., all bathing operations to be sus-
pended until another be obtained.

5. Not more than patients to be bathed in the same water. Any

infringement of this rule to be entered in the daily report sheet.

6. Under no circumstances whatever are two patients to occupy the bath
at the same time.

7. During the employment of the bath, the room is never to be left
without an attendant. At all other times the door is to remain locked,
and the floor to be kept dry.

8. Under no pretence whatever is ^e patient's head to be put under
water.

9. In the bath the body of each patient is to be well cleansed with
soap. After coming out of the bath especial care must be taken to dry
those patients who are feeble and helpless, and to clothe them as rapidly
as possible.

10. The keys are never to remain on the bath taps, nor are they to be
employed by patients. "When not in use they are to be locked in the
attendants' room.

11. Any marks, bruises, wounds, sores, local pain, evidences of disease
of any kind, complained of by the patients, or noticed by the attendant
during any of the bathing operations, to be immediatel}^ reported to one
of the medical officers, and also to be entered in the daily report sheet.

12. Any deficiency in the supply of warm water, soap, towels, etc., to
be entered in the daily report sheet.

13. The attendants are to bear in mind that, except under medical
order, the baths are to be employed solely for the purposes of cleanli-
ness.

14. Neither the cold nor the shower bath is ever to be employed,
except under medical order, and then onh^ in presence of one of the
officers. When not in use the door of the latter is to remain locked,
and^the key to be kept in th^ dispensary.

15. It is the duty of the head attendant to be present at all baths
employed under medical order, and to take care that the duration does
not exceed the time specified in such order. He is also to supervise the
whole of the ordinary bathing operations, to ascertain that the rules
are rigidly carried out, and to report to the Medical Superintendent
every infringement that may come to his knowledge.

T. N. BEUSHFIELD, M. D.,
June, 1867. Medical Superintendent.

301

[Lunatics 1. (16 & 17 Vict.) Private Patient,]
"Order" for the Eeception of a Private Patient.

N. B. — Under all circumstances the " Order " and " Statement " below
to be filled up by the patient's relatives or friends. — Sched. (A) No. 1,
Sects. 4, 8.

I, the undersigned, hereby request you to receive , whom I last

saw at , on the (a) day of , 18 — , a (6) as a

patient into 3'our hospital.

Subjoined is a statement respecting the said .

Signed: Name, ; occupation (if any) ; place of abode,

; degree of relationship (if any), or other circumstances of con-

nection with the patient.

Dated this day of , one thousand eight hundred and .

To the Superintendent of Bethlem Hospital, St. George's. Eoad, Lam-
beth, S.

" Statement."

If any particulars in this Statement be not knoxcn, the fact to be so stated.

Name of patient, with Christian name at length, ; Sex and

age, ; Married, single, or widowed, ; Condition of life and

previous occupation (if any), ; Eeligious persuasion, as far as

known, ; Previous place of abode, ; Whether first attack,

; Age (if known) on first attack, ; When aad where pre-
viously under care and treatment, ; Duration of existing attack,

; Supposed cause, ; Whether subject to epilepsy, ;

Whether suicidal, ; Whether dangerous to others, ; AYhether

found lunatic by inquisition, and date of commission or order for inquisi-
tion, ; Special circumstances (if any) preventing the patient being

examined, before admission, separately by two medical practitioners,

; Name and address of relative to whom notice of death is to be

sent, .

How many previous attacks ? ; Have any relatives of the fam-
ily been similarly aff'ected ? ; State in what degree of relationship,

; Has the patient been of sober habits ? ; Number of chil-
dren ? ; Age of youngest ? ; Degree of education ? .

Signed: Name, (e) ; occupation (if any), ; place of abode,

Degree of relationship (if any) or other circumstances of connection
with the patient, .

(a) Within one month previous to the date of the order.

(6) Lunatic or an idiot, or a person of unsound mind.

(c) The "Statement" must be signed, but "where the person signing the statement is
not the person who signs the order, the following particulars concerning tne person signing
the statement are to be added." .

302
[8 & 9 Vict., Cap. 100. Sec. xlv.]

N. B. — Medical certificates of patients' examination, and the signa-
tures, are required by the above statute to be dated within seven clear
days of the patient's reception. In stating the residence, the number of
the house must be specified when there is any.

The medical men signing the certificates must not be in partnership,
nor one an assistant to the other.

By Order of the Commissioners in Lunacy.

1. — It is absolutely necessary that the medical men should write their
certificates legibly, so as to aiford the opportunity of an exact copy be-
ing made.

2. — "All alterations in the original certificates, unless by the certify-
ing medical man, invalidate them; and the initials of the latter must be
placed to every change or addition made."

3. — " If a registered medical man describes himself as ' a duly quali-
fied registered practitioner,' it is not necessary that he should specify his
medical qualifications in full in addition."

Medical Certificate. — Sched. (A) No. 2, Sects. 4, 5, 8, 10, 11, 12, 13.

1, the undersigned, , being (a) , and being in actual prac-
tice as a (b) , hereby certify that I, on the day of ,

18 , at (c) [here insert the street and number of house, if any,] ,

in the County of , separately fropi any other medical practitioner,

personally examined , of {d), [state address and occupation, if

any,] and that the said is a (e) , and a proper person to be

taken charge of and detained under care and treatment, and that I have
formed this opinion upon the following grounds, viz^;

1. Facts indicating insanity observed by myself (/) [some definite fact
or facts must be specified,] ;

2. Other facts, if any, indicating insanity communicated to me by
others (^), [state the name of the person giving the information,] .

Signed: Name, ; place of abode, ; dated this day

of J one thousand eight hundred and .

[Here follows duplicate of above certificate.]

^ (a) Here set forth the qualification entitling the person certifying to practice as a phy-
sician, surgeon, or apothecary, ex gra.; Fellow of the Koyal "College of Physicians in
London.

(6) Physician, surgeon, or anothecary, as the case may be.

id) A. B., of , insert residence and profession or occupation, if any.

(e) Lunatic or an idiot, or a person of unsound mind.

(/) Here insert the facts. Some definite fact or facts must be specified. Please to write
the facts legibly and on the lines.

{g) Here state the information and from whom received.

303

COMPLAINT AND COMMITMENT.

State of California, County of

To Honorable , County Judt^e of said county. respect-
full}' represents that there is now in said county a person named ,

who is insane, and by reason of insanity dangerous to be at large, and

is a proper subject for the Insane Asylum; and the said being

duly sworn, deposes and says that the foregoing statement is true;
■wherefore he prays that such action may be had as the law requires, and
that the said wiay be sent to the Asylum of California.

Subscribed and sworn to before me, this day of A. D.

186 . .

The foregoing application having been made to me, , County

Judge of said county, and named in said application, being this

day brought before me for examination on said charge of insanity, and

having heard the testimony of and witnesses who have

had frequent intercourse with the accused during the time of the alleged

insanity; and floctors and graduates in medicine, after

hearing the testimony of witnesses, and after a personal examination of
the accused, having made the certificate by law required, and being my-
self satisfied that the said is insane and dangerous to be at large,

and is not a case of idiocity, or imbecility, or simple feebleness of intel-
lect, or old case of harmless dementia, or of any class of old, incurable,
and harmless insanity, nor a case of delirium tremens; and being further
satisfied of the truth of all the matters set forth in the said physician's

certificate; I do hereby order the said to be taken to and placed

in the Insane Asylum at Stockton, and is charged with the execu-
tion of this order.

As to the ability of the said or his kindred to bear the charges

or expenses for the time may remain in the Asylum, as well as all

other matters pertaining to interests or possessions, I find, after

diligent inquiry the fact^ to be as follows:

1. The said is by possession of able to pay

expenses in the Asylum.

2. I have appointed a guardian for the said and

directed a quarterly payment in advance, and a supply of necessary
clothing, together Avith the bond, to be forwarded to the Asylum with
the said as by law required of paying patients.

3. The said has kindred in the degree, as by law defined,

who are able to pay said expenses, and I have made the assess-
ment as by law directed in cases of kindred able to pay.

4. There is due the said for and I have

taken steps as by law required to be taken in such cases.

5. There money (in own right) on the person of the said

and

Witness my hand this day of A. D. 186

Judge.

physician's certificate.

State of California, County of

We, and being sworn, do depose and say that we are

graduates in medicine; that at the request and in the presence of Hon.
, County Judge of said County, we have heard the testimony, and

804

carefully examined the said in reference to the charge of insanity,

and do find that is insane and by reason of insanity dangerous to

be at large. The facts in support of this opinion (elicited by said exami-
nation) ai'e set forth in the answers to the following questions as nearly
as can be ascertained;

QUESTIONS.

1. Name?

2. Age?

3. Nativity?
4.«Married or single?

5. If children, how many, and the age of the youngest?

6. If female and married, maiden name and name of husband?

7. What State last from and how long in California?

8. What occupation?

9. What evidence have you of the presence of insanity?

10. Is there a homicidal, suicidal, or incendiary disposition?

11. Is the case a recent one, having occurred within twelve months
last past.

12. When did this attack first appear?

13. Is this the first attack? If not, when did others occur and what
their duration?

14. Is the disease increasing, decreasing, or stationary?

15. Are there rational intervals? If so, do they occur periodically?

16. Is there any permanent hallucination? If so, what is it?

17. In what way is the accused dangerous to be at large?

18. Is there a disf)osition to injure others? If so, is it directed especi-
ally to relatives, and is it from sudden passion or premeditation ?

19. If suicidal, is the propensity now active, and in what way?

20. Is there a disposition to filthy habits, destruction of clothing, fur-
niture, etc.?

21. Any relations, including grand parents and cousins, been insane?

22. Any peculiarities of temper, habits, disposition or pursuits, before
the attack — any predominant passions or religious impressions?

23. Been intemperate in the use of ardent spirits, wine, opium or
tobacco in any form?

24. Suffered from epilepsy, suppressed secretions, eruptions, discharges
or sores, or injured on the head? •

25. Any change *in the physical health since the attack?

26. The supposed cause of insanity?

27. Of what class of insanity?

28. What treatment has been pursued, and with what effect?

, M. D.

Subscribed and sworn to before me, this day of A. D.

186 . 1 .

305
DIETARY

OF THE INSANE ASYLUM OF THE STATE OF CALIFORNIA, FOR EACH PATIENT.

Breakfast.

One pint coffee, or more, to satisfy appetite; five ounces loaf bread;
one half pound thick mush, made with corn meal or cracked wheat, fla-
vored with syrup.

Dinner.

One quart soup, made from good fresh meat and beans, rice or fresh
vegetables; four and one half ounces meat without bone; five ounces
loaf bread; one half pound potatoes; beets, carrots, miscellaneous vege-
tables and fruits, grown .on the Asylum gi'ounds, are used when in
season.

Supper.

One pint tea; five ounces loaf bread; three ounces gingerbread.

The attendants are instructed to furnish as much bread and soup
as the patient may desire, except in cases of dementia with morbid
appetite.

Patients employed on the farm and garden have a lunch of bread and
butter at ten o'clock, a. m. and at four o'clock, p. m., in addition to the
above.

The diet of the sick is prescribed by their medical attendant.

Different kinds of meats and fish are substituted for beef, and other
variations made for a change occasionally, but not regularly, except
Fridays, when fish is used as far as practicable.

RICHMOND, NEAR DUBLIN.

Ordinary Diet. — Breakfast: half pound of bread and a pint of tea, or
eight ounces of stirabout with a pint of new milk. Dinner: ten ounces
of bread to males, and eight ounces to females, with half pound of meat or
a British pint of soup. Supper: half pound of bread and a 2)int of cocoa.

Extra Diet. — Breakfast, ordered by the medical officers, an egg. Din-
ner: a pint of beer or porter, half pound of chops, or half pint of beef
tea and eight ounces of bread. Su^^per: a British pint of tea and eight
ounces of bread.

Hospital Diet. — Beef tea, chops, eggs, wines, rice, arrowroot, etc.

306

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307

EDIXBURGIII liOYAL ASYLUM.

DIET TABLE.

Breakfast for Males.

Six ounces oatmeal or two pints of porridge, and three fourths pint
of skimmed or buttermilk, or one fourth ounce of coffee; one half
ounce of sugar; seven and a half ounces of bread, and one fourth ounce
of butter.

Females.

Six ounces oatmeal or one and a half ounces of porridge, and three
fourths pint of skimmed or buttermilk, or one fourth ounce of coffee;
one half ounce of sugar; five ounces of bread, and one fourth ounce of
butter.

Dinner.

Sunday — Four ounces of rice; one third ounce of sugar, and one half
pint of sweet milk; seven and a half ounces of bread for males, and five
ounces for females.

Monday — Seven ounces of uncooked meat boiled in broth, with two
ounces of barley; seven and a half ounces of bread, or one and one
eighth pounds of potatoes, for males, and five ounces of bread, or one
and one eighth pounds of potatoes for females.

Tuesday — Seven ounces of uncooked meat,, stewed or roasted, and
eight ounces of vegetables, bread, or potatoes, as on Monday.

Wednesday — Broth made with two ounces of meat boiled down in the
broth; eight ounces of dumpling of flour, suet, and currants; bread or
potatoes as above.

Thursday — Seven ounces of uncooked meat made into Irish stew;
bread or potatoes as above.

Frida}' — Pea soup made from two ounces of meat and four ounces of
peas; bread or potatoes as above.

Saturday — Seven ounces of meat and broth, as on Monday; bread or
potatoes as above.

Supper for Males.

Six ounces of oatmeal or two pints of porridge, and three fourths pint
of skimmed or buttermilk, or one eighth ounce of tea; one half ounce
of sugar; seven and one half ounces of bread, and one fourth ounce of
butter.

Females.

One eighth ounce of tea; half ounce of sugar; five ounces of bread,
and one fourth ounce of butter.

Luncheon for Workers.

Bread, two and one half ounces; cheese, one ounce; beer, one half
pint.

308

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309

GENERAL RULES

FOR THE

SURREY COUNTY LUNATIC ASYLUM,

AT BROOKWOOD,

Pursuant to the fifty -third section of the Act 16 and 17 Vict. cap. 97.

COMMITTEE OF VISITORS.

1. The Committee of Visitors for the time being, shall meet for the
first time at the asylum within a fortnight after their ajjpointment, and
shall then (after electing a Chairman), appoint five members of the
Committee of Visitors to be a House Committee for the purposes after
mentioned, of whom three shall be a quorum. They shall continue
their meetings at the as3'lum throughout the year, by adjournment to
such times as they shall consider most convenient.

2. At their first meeting, and afterwards as occasion shall require,
the}' shall make such appointments and perform such duties as may be
necessaiy for carrying into full effect the various Acts of Parliament
relating to lunatics (16 and 17 Vict. c. 97; 18 and 19 Vict. c. 105; 25 and
26 Vict c. 111).

3. Minutes of the i^roceedings of the Committee of Visitors shall be
kept and entered by the Clerk to the Visitors, and the same shall be
read at the following meeting and signed by the Chairman.

4. The Committee of Visitors shall make, from time to time, such
"regulations and orders " as they shall see fit, not inconsistent with the
"general rules" for the time being, in force for the management and
conduct of the asylum.

5. No general rule for the government of the asylum shall be rescinded
or altered, except at a meeting of the Committee of Visitors specially
convened for the purjiose; and no alteration in the general rules shall
take effect until it has received the approval of one of Her Majesty's
principal Secretaries of State.

6. They shall cause all moneys received from every source to be paid
to the account of the asylum at the bank of their Treasurer, and they
shall make all payments b}^ checks, to be signed by three of their body.

7. A Special meeting of the Committee of Visitors ma}' be at any time
convened in the manner pointed out by the Act 16 and 17 Vict, caj) 97,
sect. 25, notice being given of the particular business to be transacted
thereat.

8. They shall in addition to the report required by the Act 16 and 17
Vict. cap. 97, sect. 62, present at every General Quarter Sessions of the
Peace for the county a summary of their transactions during the preced-
ing quarter; and at every Easter session they shall present a report on
the state and condition of the asylum, with an audited account of the
whole of their receipts and expenditures for the year ending on the pre-
ceding thirty-first day of December.

310

HOUSE COMMITTEE.

1. The House Committee shall visit the asylum twice in the course of
every calendar month, and their duties shall be as follows:

2. To inspect the food and see that all contracts are performed; also,
to see all the patients and all the wards and premises appropriated to
their use, and also to inquire and examine as to the convalescence and
improvement of particular patients, and as to the treatment, health, and
general condition of the whole establishment, and to iJerform the general
duties imposed on them by the Act 16 and 17 Vict., cap. 97, sect. 61.

3. To audit all the accounts of the asylum, to superintend the farm
and garden, to examine all bijls due by the asylum, and recommend the
same when correct, for jDayment; to examine all accounts for the main-
tenance of patients and for repairs previous to their being sent to the
several parishes or to the County Treasurer, and to consider all applica-
tions for additional stores and for advances to the Steward for current
expenses before the}^ are submitted to the Committee of Visitors, and
also to make orders for such advances, not exceeding one hundred
pounds sterling.

4. To give orders, in all cases of emergency, for such works to be per-
formed or such goods to be j)rovided as shall be absolutel}' necessary for
the service of the asylum, reporting such orders to the Committee of
Visitors at their next meeting.

5. To keep a record of all their visits and proceedings, and to make
such reports or recommendations as they may see fit; all of which are
to be read and confirmed at the next meeting of the House Committee
and of the Committee of Visitors, respectively.

CLERK TO THE VISITORS.

1. There shail be a Clerk to the visitors, who shall be considered the
law ofiicer and adviser of the Committee of Visitors, and shall prej^are
all contracts and legal documents. He shall convene and attend all
general meetings of the Committee of Visitors, and also the meetings of
the House Committee when required, and shall 'take minutes of all
orders and resolutions, and take such stejJs as may be necessary for car-
rying them into effect.

2. He shall assist the visitors in their examinations of the asylum
books of accounts, the quarterl}^ abstract of expenditure or mainte-
nance, and the accounts of the Treasurer, and in preparing the visitors'
annual report for publication.

3. He shall furnish to the Superintendent a copy of all orders made
by the committee relating to the institution or its inmates. ,

4. He shall transact all the ordinary duties of Clerk to the visitors as
prescribed by the statute, and as may be directed by the committee.

RESIDENT MEDICAL SUPERINTENDENT.

1. There shall be a Medical Superintendent, who shall be a physician
or surgeon and a registered medical practitioner. He shall be resident
in the asylum, shall give up the whole of his time to the duties of his
ofiice, and shall not attend to or engage in any professional or other
business or employment except that of the asylum.

2. He shall have paramount authority in the asylum, subject to that
of the Visitors; shall have control over all the ofticers, attendants, and

311

servants, and •Av.xW superintend and direct their duties as prescribed by
the regulations and orders of the Committee of Visitors. lie shall be
empowered to hire, suspend, or discharge all attendants and servants,
subject to the approval and confirmation of the House Committee at
their next meeting, when sucli hiring, suspension, or dismissal shall be
reported.

3. He shall be responsible for the condition of the patients, and for
the management of the establishment, and shall have the full direction
of the medical; surgical, and moral treatment of the patients, and of all
general arrangements within the as3'lum.

4. Should any case of difficulty or danger arise, he shall have
authority to call to his aid in consultation any registered medical prac-
titioner.

5. He shall visit the wards and offices dail}', making occasional night
visits also, and report to the House Committee any serious irregularities
which may fall under his notice.

6. He shall examine every patient shortly after admission, and shall
cause proper entries relative thereto to be made in the books kept for
that purpose.

7. He shall regulate and determine the diet of the sick and infirm,
and shall also from time to time examine and report on the quality of
all j)rovisions furnished for the use of the asj'lum.

8. He shall regulate and determine the bedding and clothing of the
patients.

9. In all cases of fatal or dangerous accident, or other emergency, he
shall immediatel}' communicate the fact to the Chairman of the Com-
mittee of Visitors.

10. He shall not absent himself for more than one night from the
asylum, without the previous written consent of one of the Committee
of Visitors; nor for more than one week, without the sanction of the
Committee of Visitors or the House Committee; and on no occasion
shall he leave the asylum unless in charge of the Assistant Medical
Officer, or of some other properly qualified medical substitute.

11. He shall have power to exclude from admission into the asylum
persons affected with cholera, or any disease or malady which may be
considered contagious or infectious, and persons coming from any dis-
trict or place in which any such disease or malady may be prevalent.

12. He shall keep a journal, in which he shall record the name of
every attendant and servant whom he shall hire, suspend, or dismiss,
together with the date and cause of such hiring, suspension, or dismis-
sal. Also the name of every i:)atient fit to be discharged, or likely to be
benefited by being allowed a period of absence on trial. Also the case
of every escape, death, and inquest, with such particulars as may be
necessary for the Committee of Visitors to be made acquainted. Also
all such other facts, observations, and suggestions as he shall deem
important, relative to the condition or management of the asylum or
the patients therein. And all such entries shall be read as part of the
proceedings at the next meeting of the House Committee, or Committee
of Visitors, respectively.

13. He shall make a yearly report of the number of admissions, dis-
charges, and deaths during the year, and shall, in the same report,
describe the general condition of the patients, the state and manage-
ment of the asylum, and such other matters as he shall deem necessary
or the Committee of Visitors may direct.

312

ASSISTANT MEDICAL OFFICER.

1. There shall be an Assistant Medical Officer, who shall be a member
of the Eoyal College of Surgeons of London, Edinburgh, or Dublin, and
a Eegistered Medical Practitioner. He shall be nominated to the Com-
mittee of Visitors on his appointment b}' the Medical Superintendent,
under whose control and direction he shall perform his duties, lie shall
be resident in the asylum and shall give up the whole of his time to the
duties of his office.

2. He shall not leave the asylum when the Superintendent is absent,
at which time he is to be held responsible for the management of the
Institution. In his own occasional absence, he shall conform to the
directions he may receive from the Medical Superintendent, as to its
duration and the period of his return. Should, however, he desire to be
away from the asylum for more than one night, the written consent of
some member of the Committee of Visitors must also be obtained.

3. He shall exercise a general control over the conduct of the attend-
ants and servants, and immediately report any misconduct, irregularity,
or neglect of duty on their part to the Medical Superintendent.

4. He shall have charge of the dispensary, and shall be responsible
for the safe and proper custody of the drugs, surgical instruments, and
ap2)liances.

CHAPLAIN.

1. There shall be a Chaplain, who shall be a clergyman of the Church
of England, in priest's orders, and shall be licensed by the bishop of the
diocese. He shall devote the whole of his time to the duties of his office,
and not hold any other engagement.

2. He shall perform divine service, according to the rites of the
Church of England, in the chapel of the asylum, every Sunday, Christ-
mas day and (aood Friday, preaching short sermons on each occasion.

3. He shall administer the holy sacrament to such of the officers and
servants as may be desirous of I'eceiving the same, at least four times in
a year, and to such of the patients as he may think advisable, with the
approbation of the Superintendent. •

4. He shall consider all the household under his spiritual care.

5. He shall attend daily at the asylum, and administer religious con-
solation to the patients, subject however to the directions of the Com-
mittee of Visitors aiid of the Medical Superintendent.

6. He shall read morning prayers daily at such hours as the Commit-
tee of Visitors and the Medical Superintendent may direct.

7. He shall, iinder the general control and with the cooperation of
the Medical Superintendent, organize and direct the schools for the
patients of both sexes, and also classes for instruction in the Bible and
in singing; and shall take charge of the libraiy, and control the issue of
books and periodicals.

8. He shall keep a daily journal in which he shall enter the hours of
his attendance, and such other particulars as it may be desirable for the
Committee of Visitors to know, which journal shall be laid before the
Committee at every meeting.

9. He shall never absent himself from his duties on any Sunday, or
for more than two days during the week, without leave in writing of
one Visitor, and on providing some other clergyman, to be approved of
by such Visitor, to supply his place.

313

10. lie shall present an annual report to the Committee of Visitors,
stating the result of his attendance on the patients.

TREASURER.

1. There shall be a Treasurer, to whom all monies shall be paid. He
shall keep accounts of all monies received and paid by him and make
them up to the thirty-tirst of December, annually, and state the balance
(if any) then in his hands.

2. lie shall give security for a sum to be named by the Committee of
Visitors.

CLERK AND STEWARD.

1. There shall be a Clerk of the Asylum, who shall act as Steward.
He shall perform all the duties of both those offices, under the control
and direction of the Medical Suj^erintendent, to whom he shall imme-
diately report whatever he may know to be improper or contrary to the
rules in the economy of the house or conduct of the servants. He shall
be resident in the asylum and shall give up the whole of his time to the
duties of his office.

2. He shall make all the necessary returns to the Commissioners in
Lunacy and other authorities, as prescribed by the various Acts of
Parliament relating to lunatics.

3. He shall take care of all the books and papers (except those relat-
ing to medical duties), and of all the stores, and shall be responsible
for the quality, quantity, and safe keeping of all the articles received.

4. He shall examine and superintend the weighing and measuring of
all the goods and provisions furnished to the establishment, and imme-
diately rejjort to the Superintendent any failure in the quality or quan-
tity thereof, and take his instructions thereon. He shall order nothing
except under the signature of the Superintendent, and receive nothing
into the asylum without an invoice, which must be signed by himself
in token of its correctness, and then filed.

5. He shall superintend the weighing and measuring out of the pro-
visions so as to suit the diet tables; he shall take stock once a quarter
and keep quarterly accounts of all moneys received of and paid to the
Treasurer, and also of all goods ordered and payments made for the
same, in such form as the Committee of Visitors shall direct.

6. He shall distinguish the building account from the maintenance
account, and the accounts of the county from those of the unions and
parishes; and shall lay an abstract of the accounts before the next
meeting of the House Committee and of the Committee of Visitors,
after the termination of each quarter, showing the moneys received and
paid and the unions and parishes in arrear.

7. He shall keep all such books of accounts, and in such forms as
may be ordered from time to time by the Committee of Visitors, so as
to show the true state of the accounts. These books shall be kept in
his office and be subject at all times to the inspection of any member of
the committee and of the Medical Superintendent, to whom he shall
supply such financial and other information as he may from time to time
require.

8. He shall conduct such correspondence as the Medical Sujierintend-
ent may direct, to whom he must submit all letters received by him

314

relating to the asylum and its inmates, all of which letters are to be
considered the property of the institution. He shall keep copies of all
correspondence, whether replies to letters or otherwise.

9. He shall keep inventories of all the household goods, furniture,
farming and artisans' implements, official books, medical instruments,
and other jiroperty of the institution.

10. In his occasional absence from the asylum he shall conform to the
directions he may receive from the Medical Superintendent as to its
duration and the period of his return. Should, however, he desire to
be awaj^ from the asylum for more than one night, the consent of some
member of the Committee of Visitors must be obtained.

11. He shall give satisfactory security by such sureties as the Com-
mittee of Visitors shall from time to time require.

HOUSEKEEPER.

1. There shall be a housekeeper, who shall perform her duties under
the control and direction of the Medical Superintendent, to whom she
shall immediately report whatever she may know to be improper or
contrary to the riiles in the economy of the house or conduct of the
servants. She shall be resident in the asylum, and shall give up the
whole of her time to the duties of her office.

2. She shall have charge of the entire kitchen and laundry dei)art-
ments, the officers' and servants' apartments, and central offices, and be
responsible for their cleanliness and good order. She shall use her
utmost endeavors to j)revent waste, and to check any misapplication
of stores. *

3. She shall have authority over the female servants, directing them
in their several duties; and be responsible for the safetj^ and conduct of
all patients employed in any of the departments over which she has
control.

4. She shall superintend the preparation of the meals for the patients,
officers, attendants, and servants, and shall see that the articles of food
are properly cooked, and served with neatness and punctuality at the
ajjpointed hours. •

5. She shall superintend and be responsible for the washing, airing,
and regular distribution of all articles sent to the laundry department.

6. She shall receive from the steward once weekly all necessary
materials to be converted into clothing, bedding, etc., for the establish-
ment. She shall cut out and supply to the wards, through the head
female attendant, all needlework necessary for the employment of the
patients; and when made, return all the articles to the steward, stating
their number, with a detailed account of the conversion of the raw
material.

7. In her occasional absence from the asyktm she shall conform to
the directions she may receive from the Medical Superintendent as to
its duration and the period of her return. Should, however, she desire
to be away from the asylum for more than one night, the written con-
sent of some member of the Committee of Visitors must also be
obtained.

HEAD ATTENDANTS — MALE AND FEMALE.

1. There shall be a head male and a head female attendant, who shall
perform their duties under the control and direction of and as prescribed
by the Medical Superintendent, to whom they shall immediately report

315

whatever they may know to be improper or contrary to the rules in the
economy of the house or conduct of the attendants. They shall give
up their whole time and attention to the duties of their office.

2. They shall instruct the attendants in the performance of their
duties, and shall at all times require the strictest obedience to any
orders which they may give.

GENERAL MANAGEMENT.

1. The male and female patients shall be kept in separate wards, and
no male attendant, servant, or patient shall be allowed to enter the
female Avards, nor any female to enter the male wards, except in dis-
charge of their duty, or with adequate authority. In visiting the female
2)atient8, the medical officer shall be accompanied by the head attendant,
or some other female officer, and no male shall enter the female wards,
unless accompanied by a female attendant. Any male attendant or
servant found in any portion of the women's wards, unless he can give
a satisfactory explanation for his being there to the Superintendent,
may be immediately dismissed.

2. There shall be such a number of attendants as shall be sufficient for
the etfective supervision of the patients, both by day and night; and no
ward shall at anj' time be left without at least one attendant.

3. During the day the patients of both sexes shall be employed as
much as practicable out of doors; the men in gardening and husbandry,
the women in occupations suited to their ability; and as a principle in
treatment, endeavors shall be continually used to occupy the minds of
the patients, to induce them to take exercise in the open air, and to
promote cheerfulness and happiness among them.

4. The male patients shall be encouraged to follow their particular
callings, and to learn shoeraaking, tailoring, and other common useful
trades. Needlework, strawwork, and other suitable employments shall
be provided for the female patients. And they shall be rewarded by
such indulgences as the Superintendent may deem compatible with their
welfare and encouragement.

5. An ample supply of books, and cheap publications of a cheerful
nature, in addition to Bibles and prayer books, shall be provided, and
replaced in case of destruction; and various methods of in and out
door amusements shall be placed at the disposal of the patients of both.
sexes, and they shall be encouraged to have frequent recourse thereto.

6. Ample and special jjrovision shall be made for the effective watching
of the asylum and attention to the patients during the night.

7. No patient, on any account whatever, shall be struck, or threat-
ened, or spoken harshly to; and no patient shall be placed in restraint
or seclusion, or be subjected to any bath (except for the purpose of
cleanliness), except by the authority of one of the medical officers.

8. All the attendants shall be responsible for the safety, cleanliness,
and general condition of the patients, and for the ventilation, proper
warmth, and good order of their respective wards.

9. No officers, excepting the Treasurer and the Clerk to the Visitors,
shall have any occupation unconnected with the asylum, nor shall they
have any interest, directly or indirectly, in any other establishment for
the reception and treatment of lunatic, imbecile, or idiotic patients.

10. No officer, attendant, or servant shall, directly or indirectly, take
any fee, reward, or perquisite of any kind from any tradesman, patient,
or other person, on pain of immediate dismissal.

316

11. Eelatives and friends of patients shall be allowed to visit them
once in every week, between the hours of ten and four o'clock, and on
such other days and hours as the Superintendent shall in special cases
permit; but no visitor shall be permitted to see any patient if the Super-
intendent shall state in writing that the visit will be injurious to the
patient or otherwise inexpedient.

12. Patients shall be at liberty to hold private conversation with
those who visit them, but no male visitor shall remain in a room with a
female patient, nor a female visitor with a male patient, except in the
presence of an attendant or other third person.

13. The jjerson of every patient shall immediately after admission be
carefully examined by the head attendant, who shall at once personally
report in writing to one of the medical officers the bodily condition of
the patient, and especially of any mark, bruise, or injury of any kind,
bedsores, ruptures, or the slightest symptom of disease or disorder of
any kind; and it shall be the duty of one of the medical officers, upon
receiving notice of the existence of any injury or apparent bodily dis-
order, at once himself to make a personal examination of the patient;
and no relieving officer or other person bringing a patient to the asylum
shall be allowed to leave the premises until such report or examination
shall have been made.

14. All parish officers shall be encouraged to visit the patients be-
longing to their union or parish once in every three months, or oftener,
on a week day; and to make particular inquiries from time to time as to
the treatment exj^erienced by the patients, and their fitness for dis-
charge.

15. Notice shall be given to the nearest relative in the case of serious
illness to any patient, and especially where a fatal termination is antici-
pated. On the death of a patient, notice shall be immediately given to
the coroner of the district, the parish officers, the registrar of the dis-
trict, and the nearest relations of the deceased (if their address be
known), and the body shall be delivered to the latter if requested. If
the body be not removed early on the fourth day after death, it shall
be buried under the direction of the Superintendent, who shall have
power to order an earlier interment, if from any partictflar circumstance
he shall consider such to be necessary.

16. Such patients as the Superintendent may direct shall in such
number and at such times as he may think fit, be allowed, under proper
care, to take walks or excursions beyond the grounds of the asylum;
and he shall also be empowered, at his discretion, to permit jDatients to
spend the day with their friends.

Approved.

(Signed) GATHOENE HAKDY.

Whitehall, 28th October, 1867.

317

PEOPOSED CASE BOOK— (ENGLISH).
Name. Admitted.

Age and Sex. State as to Marriage.

Education.

Where from.

Occupation.

History:

{Previous attacks.
Hereditary history.
Predisposing.
Exciting.

Duration of Disease.

Where treated.
Disposition and
health.

Eeligion.

habits in

First
Symptoms.

Eecent
Symptoms.

(■ Mental.
I Bodily.

r Mental.
} Bodily.
(^ Suicidal.

Dangerous.

Other facts.

State on Admission.

Mind.

Body.

Exaltation.

Depression.

Excitement.

Enfeeblement.

Memory.

Coherence.

Can answer questions.

Delusions.

Other abnormalities.

' Appearance.
Color of hair.
Muscularity.
Nervous system.
Keflex action.
Special senses.
^ Lungs.
Heart.

Other organs.
Tongue.

Urine, specific gravity.
Menstruation.
Hiffht.

Color of eyes.
Fatness.

Pupils.
Eetina.

Pulse.

Appetite.
Urinary deposits.
Temperature.
Weight.

Name of Disease.

General Bodily State.

318

Date.

Temperature.

se.

Weight

Morn'g

Eren'g

Morn'g

Even'g

Progress of Case.

[Memoranda to be put in beginning of Case Book.]

HISTOET.

Previous Attacks.
Hereditary History.

Predisposing Causes.

Number, character of each.

Age of parents, relationship of parents or
grand parents, health of same, family dis-
eases or peculiarities — consumption, epilepsy,
drunkenness.

Drunkenness, overwork, character of vocation
or habits. Food, tobacco, tea, infantile dis-
eases, adult diseases. Catamenial irregular-
ities, marriage, children, difficult labors, mis-
carriages, lactation, etc.

Exciting and Proximate Disease of brain emotions — blows on the head.
Causes. drinking bouts, fever, poisons, over-sexual

excitement, childbirth.

STATE ON ADMISSION MOEE FULLY AND SYSTEMATICALLY

AEEANGED.

A. — Bodily Condition.

B. — Vegetative Func-
tions.

«, Hight.

6, Weight.

c, Temj^erature.

d, Color of hair (baldness).

e, Muscularity.
/, Fatness.

g, Expression of face and general appearance.

h, Any special injuries or wounds to be noted.

a, Digestive — Tongue, stomach, appetite, con-
dition of bowels.

h, Dermic — Conditions as to moistness, erup-
tions, and other abnormalities.

c, Circulatory — Pulse, cardiac murmurs, flush-
ing of face, or inject of conjunctiva.

319

C — Eeproductive Func

TIONS.

D. — Xervous System.

E. — Ment^\x Symptoms,

uncotmected icith the
special senses.

d, Rospiratojy — State of lungs, breath, rapid-

it}' of respiration.

e, Glandular — Exam, of urine, state of liver,

spleen, thyroid, etc.

a, Abuorm. of penis or testes in men — mas-

turbation, syphilis, etc.

b, In women — Catamenia, discharges, syphili,

pregnancy, nursing, etc.

a, Paralj'sis, epileps}^, cataleps}', hysteria, and

other abnormalities unconnected with the
special senses or mental functions.

b, Special senses —

1.— SiL^it-

■a,

Color of iris.

Shape and size of pupils.

Condition of retina.

Vision.

Knowledge of color.

Hallucinations.

Illusions.

2. — Hearing — a, External ear.

b, Deafness.

c, Hallucinations.

d, Illusions.

3. — Smell — a, Any abnormality of nose.

b, Sense of smell.

c, Hallucinations.

d, Illusions.

4. — Taste — a, Sense of.

b, Hallucinations.

c, Illusions.

5. — Touch and Nervous Sensibility —

a, Sense of pain.

b, Eeflex action.

c, Hj'perfesthesia.

d, Illusions and hallucinations, in-

cluding those of internal or-
gans.

vipparent consciousness.

Identity.

Attention.

Coherence of language.

Memory — a for recent events, b for past

ditto.
Exaltation or depression of spirits.
Excitement of manner.

320

A, Habits and propensities (filthy, dangerous,
suicidal, destructive, indecent, etc.)

i, As to sleep.

J, Delusions — not being hallucinations or illu-
sions.

k. Other abnormalities.

NOVA SCOTIA CASE BOOK.

Eegistered No. Previous Nos.

Name

Admitted — •
Where from
Brought by
Order of
Maintenance
Certificates

Age last birthday

Sex state as to marriage

Occupation
Natural disposition
Habits in health
Education
Eeligion
Address of nearest friend

HISTORY.

Age at first attack
First I Bodily
Symptoms | Mental
No. and duration f
of previous attacks |
Where treated

! Hereditary history
Predisposing
Exciting
Duration of present attack

Recent ) Bodily
Symptoms j Mental
Suicidal, and how
Dangerous, and how
Other facts

321

Name,

Temperature.

Pulse.

Weight

Date.

Morn'g Even'g

Progress of Case.

MICHIGAN ASYLUM FOE THE INSANE.

SITUATION.

The Michigan Asylum for the Insane is situated at Kalamazoo, ujiou
the Michigan Central Eailroad. The location is jjrobaby as central and
convenient as any that could have been chosen, having reference both
to the present means of communication with the various parts of the
State, and to any other routes of travel likely to be projected hereafter.
The site selected for the building is upon an irregular eminence, about
one mile from the village, and sufficiently elevated above the valley of
the Kalamazoo Eiver to secure an extensive prospect, and yet is well
sheltered and easy of access from the plain below. The location is in
every respect healthful and desirable, and well adapted to the purposes
and objects of an institution for the treatment of mental diseases.

FARM.

The amount of land originally purchased for the use of the asylum
was one hundred and sixty acres, but to secure a more desirable site
for the buildings, an adjacent tract Avas subsequently added, making the
whole amount of land in the possession of the institution one hundred
and si.xty-eight acres (167 7(3-100). Most of the land is finely timbered
with the original growth of oak, hickory, and other trees, affording
every facility which could be desired for beautifying the grounds. That
in the rear of the building is broken, and falls, by a series of ravines
covered with trees, about eighty feet to the valley below, through
which flows a small but rapid stream of pure water. The buildings
themselves will cover an area of one and one third acres. It is designed
to preserve about fifty acres in groves and woodland, with walks and
drives, and the remainder will be devoted to ordinary agi'icultural pur-
poses.

322

GENERAL PLAN.

The ground plan was furnished by Doctor John P. Gray, the accom-
plished Superintendent of the iSTew York State Lunatic Asylum at U tica,
under whose directions the work was commenced. It might here be
remarked that the princijiles laid down in a series of propositions rela-
tive to the construction and arrangement of hospitals for the insane,
unanimously adopted by the " Association of Medical Superintendents of
American Institutions for the Insane," have been fully carried out in the
plans adopted by the Board. The form and internal arrangements of
the institution will be readily understood by reference to the accom-
panying ground plan. The asylum building proper, the main front of
which has an easterly aspect, consists of a centre and six wings. The
centre portion of the main building is divided by the entrance hall into
two nearly equal parts. That to the right contains, in front, the princi-
pal office of the institution, the apothecary shop, and an anteroom com-
municating by a private stairwa}^ with the Superintendent's apartments
above, and in the rear the matron's room and ladies' reception room;
while that to the left contains, in front, the public parlor and officers'
dining room, and immediately behind these the steward's office and
men's reception room. The second floor is approj)riated exclusively to
the use of the Medical Superintendent. Upon the third floor are the
apartments of the Assistant Physicians, steward, and matron. The base-
ment contains the laboratory connected with the apothecary shop, and
the officers' kitchen and storerooms. Immediately behind the centre
building is the chapel, and still further in the rear the engine and boiler
house. Extending from the centre building toward the south for males,
and toward the north for females, are the several wards of the institu-
tion, nine on each side, including the infirmaries.

MATERIALS.

The material used in construction is brick, covered with Eoman cement
and sand, and finished to represent freestone. The window caps, sills,
and brackets, belt courses, and capitals in front, ar8 of white limestone
from the Athens quarries, near Chicago. The division walls throughout
are of brick. The Asylum is built upon a system of fireproof construc-
tion, nearly all the floors being laid uj^on. brick arches sj^rung from iron
girders, which, beside providing against fire, give additional security to
the building and insure its durability.

ARCHITECTURE.

The plans selected by the Board of Trustees were placed in the hands
of A. H. Jordan, architeci, of Detroit, for the necessary elevations,
details, etc. The style adopted is the Italian, it being the lightest, most-
cheerful, and least expensive for the eftect required in such an extensive
range of buildings.

REFERENCES TO THE PLATE.

(A) public parlor; (B) general office; (C) Matron's room; (D) Stew-
ard's office; (E B') reception rooms; (P) officers' dining room; (G)
apothecary shop; (H) anteroom, communicating b}^ a private stairway
with the Superintendent's apartments above; (I) Steward's storeroom;

323

(J J) matron's storerooms; (K) associated dormitories; (L) attendants'
rooms; (M^ day and recreation rooms; (N) parlors; (O) dining rooms;
(U) chapel, having below it the kitchen and storerooms; (1) boiler
house; (2) engine and t'anrooms; (3) laundry; (4) drying room; (5)
ironing room; (G) work shops; (7 7 7) covered corridors.

APPROPRIATION OF WARDS.

The various wards in the institution are appropriated as follows:

Classification.

Xo. of
ward^.

Kumber of beds.

Sg
^ ^

Nos.

Single
rooms.

Associated
dormit's.

of each
nd class.

1 and 2

Convalescent and quiet

4
4
4
2
2
2

80
56
60

16
32

88
60

3 and 4

Less disturbed

5 and 6

3Io r e d i s t u r b e d

Demented

20
12
12

Demented and infirm

Acute cases, etc., (Infirmaries)..
Total

240

288

The divisions for the sexes are equal. Eight of these wards, inclusive
of the infirmaries, are upon the first floor, six upon the second, and four
u^jon the third floor of the transverse wings. It is considered tha^ by
means of these any desirable classification of patients may be carried
out.

ARRANGEMENT OF

WARDS.

Each ward has the usual arrangement of corridor, sleeping rooms,
day rooms, and dining room, with two stairways, a clothes room, lava-
tory, bath room, water closet, soiled clothes shaft, drjang shaft, and dust
flue to each. The corridors in the first, second, and third wings are,
respectiveh', one hundred, and fiftj'-five, one hundred and sixt}', and sev-
enty feet long, and in the third stories of the first and second transverse
wings, one hundred and nineteen and thirtj^-four feet long. They are
unil'ormlj^ twelve feet wide, and, in common with all other rooms, sixteen
feet in height upon the first and third floors, and fifteen upon the second.
The dimensions of the single sleeping rooms are eight and ten by eleven
feet, with an average cubic capacity of fourteen hundred feet. The
associated dormitories are fourteen by twent3"-one feet, and the jDarlors or
recreation rooms, eighteen by twenty. Lateral recesses, extending into
the i^rojeeting towers in front, form additional day rooms in the first
and second wings on either side. The dining rooms are sufficiently capa-
cious to accommodate the number for which they are intended, and are
supplied with detached sinks, cupboards, and dumb waiters. The clos-
ets, bath rooms, lavatories, and clothes rooms open ujion an adjacent and
not upon the main hall, giving a very desirable privacy. The bath and
closet fixtures are of approved construction, and, to prevent all possible

324

dfinger from leakage, the service pipes are conreyed in a separate pipe
shaft — an arrangement Avhich also facilitates and cheapens any repairs
that may become necessary. Drying shafts, having lattice-work lioors
and communicating directly with the ventilating cujjolas, furnish a ready
means of drying mops, wet cloths, damp brooms, etc., and thus mate-
rially assist in promoting the cleanliness and healthfulness of the cor-
ridors. To prevent exposure, the bathrooms and lavatories have
communicating doors, in order that the latter may serve, on " bathing
days," as dressing rooms to the former.

INFIRMARIES.

In a detached building, in the rear of the first transverse wings, but
connected w^ith the wards by means of a covei'ed cori'idor, an infirmary
is provided for each sex. Fitted up with every convenience, they provide
a very desirable place for the treatment of acute cases, of those Mho
are seriously ill, or of any requiring special care and frequent medical
attention. They can be reached at all hours of the night without dis-
turbing any other portion of the house; they provide the means of isola-
tion in case of the occurrence of any infectious or contagious diseases
in the institution, and give to the friends of dying patients an oj^por-
tunity of administering to them in their last moments.

WINDOWS.

The windows are fitted throughout with a castiron sash, the upper
half of which alone is glazed. Posterior to the lower half, and immedi-
ately against it is a wooden sash of corresponding size and shape, moving
free and suspended by a cord and weight; the former being attached to
thejoottom of the sash and passing over a pulley near its top, is always
entirel}" concealed. The panes of glass are six bj" nine inches in size.
The windows, where deemed desirable, are protected b}' a shutter of
framed wicker work, sliding into the wall and retained there, as also in
its position, by one and thf same lock. ^

FLOORING.

The floors in all uncarpeted rooms are formed of one and one half
inch oak plank, grooved and tongued, and none of them being more
than three and one half inches in width. The sleepers and the iron
girders supporting the arches rest upon an otfset in the wall, which,
when finished, also forms the cornice in the room below.

PROVISION AGAINST FIRF.

The horrible sacrifice of human life on the occasion of the burning of
an institution for the insane in one of the eastern States, and the pecu-
liar liability of these buildings to take fire, as shown by the frequent
occurrence of such accidents, determined the Board of Trustees, although
it would somew^hat increase the price of construction, to make the asjdum
fireproof. The more recent partial destruction by tire of another insti-
tution has confirmed the wisdom of this discision. The use of iron gird-
ers and bi'ick arches as a support for the floors was consequently deter-
mined upon, and to secure additional safety all connection between the
wings and the center building is entirely cut ofi" by the intei'position of

' 325 '

a verandah of iron and glass, with communication from one to the other
only through fireproof doors. The location of the heating apparatus
and the kitchen, in detached huildings, renders the institution quite
exempt from danger of destruction by tire.

CHAPEL.

A separate building immediatel}' in the rear of the centre building,
seventy by forty feet in size, contains upon its first floor a room for
chapel purposes capable of seating three hundred and eighty persons.
It communicates with the different wards by means of covered corridors,
is ap2)ropriately fitted up, properly warmed, and lighted with gas.

KITCHEN.

One central kitchen is intended to supply the whole institution. It is
placed immediately beneath the chapel room, with storerooms near at
liand, and communicates with the dumbwaiters of the different dining-
rooms by means of a small car moving upon a covered railway. The
building containing the chapel room and kitchen is surmounted b}^ a bell
and clock tov\»er.

WARMING AND VENTILATION.

It is now admitted, as a principle, that the warming and ventilation of
buildings corresponding in size and purpose with institutions for the
insane should be effected by one and the same process; and also that
means should be adojDted for exjJelling the foul air to the same extent
and simultaneously with the admission of fresh. The fact is also estab-
lished, and in many asj'lums has been confirmed by a costly ex2:)erience,
that the ordinar}^ sj'stem of making the ventilation depend upon the
spontaneous action of warm-air currents failed to give satisfactory
results. A perfect and equable distribution of fresh air, either warm or
cold, and the necessary rapidity in the discharge of foul air, under all
circumstances and in all seasons, can be secured only by a system of
forced ventilation. This is found to be most efficiently and economically
effected b}^ means of a fan driven by a steam engine — effectual, because
at all times under perfect control; and economical, because the warm
air is more thoroughly and rapidly distributed. The primary cost is
not great; it is not liable to get out of order, and the motive power is
that required for other purposes. The system decided upon is a modifi-
cation of that in use at the New York State Lunatic Asylum, the effi-
ciency of which is shown b}^ the fact that in five similar institutions in
other States it has since been adopted in place of furnaces and other
means of heating and ventilation already in operation. It consists of
boilers, an engine, a fan, heating surface, and distributing ducts, and.
inlet flues, with exit flues, foul air ducts, and ventilating cujiolas. The
boilers are four in number; these, with the engine and fan (the latter
peculiar from the circumstance of its delivering the air in the direction
of its axis), and the heating surface, consisting of a series of wrought-
iron pipes, are all in a scq^arate and detached building. The air, after
its deliveiy from the fan, passes directly forward beneath the chapel.
The main duct conveying it gives off" a small branch to the chapel, and
another to the centre building; it then branches toward either wing, and.
another subdivision is made, one portion passing beneath the first longi-

■ 326

tudinal wing, and the other, entering the proximal end of the second
wing, passes on to the end of the extreme wing. The air passage
beneath the buikling occupies the middle portion of the basement, or
rather the space immediately beneath tlje floors of the corridors, and
the distributing flues pass up in the walls upon either side of them.
Exit flues are carried up in the same walls, taking their departure from
two points, one near the ceiling, and the other near the floor of the
rooms on either side; these again conjoin in the attics to form the foul
air ducts and emjDty out into the open air through the ventilating cupolas.
Downward currents of air, for the ventilation of the water closets, will
be secured through an arrangement of pipes terminating in the fire
boxes of the boilers.

LAUNDRY AND WORKSHOPS.

The right wing of the engine and boilerhouse contains the washroom,
drj'ing and ironing rooms; and a similar wing upon the other side fur-
nishes convenient rooms for the usual workshops. A close partition
running from the rear of the chapel to the engine house, with a covered
passageway on either side, provides ready and protected access to the
shops and ironing rooms from the various wards in the house, and at
the same time prevents all communication between the sexes.

WATER.

Water for drinking purposes is drawn from a well, while that for
bathing and laundry purposes is forced up from a stream flowing in the
valley, immediately in the rear of the institution.

DRAINAGE AND SEWERAGE.

Cast iron pipes will be used for connecting drainage in the rear of the
wings, and will pass forward beneath the building at a single point only
on either side. The drains and branch sewers will unite in front, and
pour into the common sewer, which is of brick, egg-9tir<ped, three feet
high, and two feet wide. This runs down the ravine in front of the
institution, and empties into a depot for the collection of solid material.

ILLUMINATION.

It is now universall}^ conceded that gas is the only proj)er material to
be used in lighting asylums for the insane. To obviate the only objec-
tion to its manufacture upon the premises, the gashouse will be placed
just below the depot referred to. The gas main will be carried uj) to
the institution in the sewer, attached to its upper arch.

The completeness of this description renders any further analysis of
the internal arrangement of the institution quite unnecessary. To those
familiar with the construction of asylums for the insane a reference to
the engraving and lithograph will supjjly any omission that ma}' have
occurred. The plans of the building, as given in the preceding sketch,
have been submitted to and received the unqualified approval of many of
the more experienced physicians in charge of similar institutions; and
from those most capable of judging, the Board have received the grati-
fying assurance that their efi"orts to combine in one the acknowledged
excellences of several recently erected establishments, with such

327

improvements as careful study and experienced assistance suggested,
have not been unsuccessful.

EXPLANATIONS OF THE PLATE. (App. F.)

In the accompanying plate, all portions of the institution represented
in shaded lines arc already built, Avith the exception of the " Intirniary
for Males " and the chapel and kitchen. The portions represented in
outline constitute, collectively, the north wing.

" Hall No. 1 " constitutes the portion known as the first longitudinal
division. Adjoining it at the left is the first transverse division, which
is connected with the second transverse division by the second longi-
tudinal, designated as "Hall No. 3." "Hall No. 5 "and the wards
beyond it are collectively known as the extreme wing. The transverse
divisions are three and all other portions of the wing two stories high.
The divisions of the north wing are the same.

Eeferences. — A, Trustees' room; B, general office; C, Matron's room;
D, Steward's office; E, E, reception rooms; F, dining room; G, medical
office; H, safe on the left and Avatcr closet on the right; K, associated
dormitories; M, recesses; N, day rooms; 0, ward dining rooms ; U, chapel
and kitchen; 1, boiler room; 2, engine room; 3, laundry; 4, drying room;
5 and 6, ironing and distributing rooms; 8, fan room.

PENNSYLVANIA HOSPITAL FOE THE INSANE.

The Pennsylvania Hospital for the Insane, as now constituted, con-
sists of two distinct buildings, each complete in itself, having separate
pleasure grounds and inclosures, both situated, however, on the same
tract of one hundred and thirteen acres of land originally purchased
by the institution. The hospital just completed is styled " the Depart-
ment for Males," and that which has been in use during the last nine-
teen years, "the Department for Females." Both departments remain
as heretofore under the charge of a Phj'sician in Chief, and who now
has as associate officers one or more assistant physicians, a steward, and
a Matron in each building.

This new hosjiital faces to the west, and consists of a centre building,
with wings running north and south, making a front of five hundred and
twelve feet; of other wings, connected with each of those just referred to,
running east a distance of one hundred and sixty-seven feet, all three
stories high, and these last having at their extreme ends communications
with extensive one-storied buildings. All the exterior walls are of stone,
stuccoed, and the interior are of brick.

This arrangement gives provision for the accommodation of sixteen
distinct classes of male jiatients in the new building, as the same num-
ber of classes of females are now provided for in that previously in
use. Each one of these sixteen wards has connected with it, besides
the corridors for promenading and the chambers of the patients and
attendants, a parlor, a dining room, a bath room, a water closet, a
urinal, a sink room, a wash room, a drying closet, a storeroom for
brushes and buckets, a clothes room, a dumb waiter, a dust flue, and a
stairway passing out of doors, if desired, without communication with

• 328

the other wards; and every room iu the building, almost without excep-
tion, has a flue communicating with the fresh air duct for warm or cool
air, according to the season (and hereafter to bo I'eferred to), and with
the main ventilating trunks which terminate in the various ventilators
on the roof of the building.

The centre building is one hundred and fifteen by seventy-three feet.
It has a handsome Doric portico of granite in front, and is surmounted
by a dome of good proportions, in which are placed the iron tanks from
which the whole building is supplied with water. The lantern on the
dome is one hundred and nineteen feet from the jjavement, and from it is
a beautiful panoramic view of the fei-tile and highly improved surround-
ing country, the Delaware and Schuylkill Elvers, and the City of Phila-
delphia, with its many prominent objects of interest. In the basement
or first story of the centre building is the main kitchen, forty-two by
twenty-four feet, in which are improved arrangements for cooking — a
scullery, twenty-four by eleven; two storerooms, each about twenty by
twenty-two feet; a trunk room, twenty-four by twelve feet; a general
clothes room, a bread room, a dining room for the ofiicers, another for
the domestics, a lodging room for the seamstress, another for the super-
visor of the basement, a stairway to the main story, and a dumb w^aiter
leading from the kitchen to the cellar, and another to the upper rooms
of the centre building. The cellars under the centre building, besides
containing the hot air chambers for that division of the house, have
three distinct rooms for storage, which are ventilated by means of flues
leading out through the roof of the house. In front of the basement
and under the steps and adjoining roadway are the vaults for coal for
the kitchen and bake room, and the ice house, the latter being ventilated
as mentioned for the cellars; and carts unload into both, through open-
ings in the blue stone flagging, which forms the roadway upon the arches
below. Adjoining the ice house is a small apartment with stone shelves,
for keeping food cool in Summer; and alongside the coal vault is a space
for the offal from the kitchen. There is also a small kitchen near the
scullery, and .intended for the Superintendent's family, whenever it is
required for the purpose. In one of the storerooms is a dark apartment,
and in another the tanks for the oxygen and hj'drogeti gases used in the
dissolving apparatus.

On the second or principal stor}^ is the lecture room, forty -two by
twenty-four feet, in the lecturer's table of which, water, steam, and gas,
for experimental purposes have been introduced. It also contains com-
modious cases for apparatus, a t)lackboard running on a track behind
the cases, and a smooth suri'ace twenty-four by eighteen feet, at its
eastern end, on which the dissolving views are shown. On the opposite
side of the main corridor is a reception room for visitors, and a room for
visits to patients by their friends, each being twentj'-four by twenty-
three feet. There are also on this floor two small rooms for more pri-
vate visits, the medical office and library, which is also the Assistant
Physician's office, twenty-four b}^ fourteen feet, with a small storeroom,
containing a sink, etc., adjoining; the lodging room for the Assistant
Physician having charge of the inedical oifice, with which it communi-
cates; a general business office, which is also that of the steward, twenty-
four by twenty feet; a manager's room, twenty-foiir b}" nineteen feet,
which is also the Principal Physician's private office; a parlor twenty-
four by nineteen feet, for the use of the officers of the house, and a fire-
proof, eleven by nine feet, in connection with the general business office.
In the third story front are four fine rooms, each twenty-four by twenty-

329

one feet; a corridor, forty-two by sixteen feet, sliut ofT from the adjoin-
ing portion by a ground glass partition; a bathing room, water closet,
and clothes closets, intended at some future day for the use of the
family of the superintending physician, whenever such an oflicer may
be specially connected with that department. There are also on this
floor, chambers for the Steward and Matron, for the Senior Assistant
Ph3'sician, three others that may be used as deemed expedient, and a
room twenty-four by eleven feet, lighted from the roof, and intended for
a general storeroom for the bedding and other dry goods not actually in
use. The corridors of the centre building, running east and west, are
sixteen feet wide; those running north and south, in which are the
stairways, lighted from the roof, are twelve feet wide. The height of
the ceiling of the basement in the centre building, and of all parts of
the wings, which is one foot more, is twelve feet. The ceilings in the
second or principal and in the third story of the centre, are eighteen
feet high.

The wings on each side of the centre building are almost exactly
alike, except that on the south side in front, in the basement immediately
adjoining the centre, is the ironing room, twentj^-eight by eleven feet,
with a drying closet, eleven by eleven feet, attached, and in the rear the
small kitchen already referred to, and the lodging rooms of the female
domestics; while on the north side in corresponding positions, are the
bake room, the baker's store and lodging rooms, and the lodging room
of the hired men not employed in the wards. On this floor on each side
of the centre is also a museum and reading room, forty-two by fourteen
feet, and accessible either from the grounds or from the inside of the
building; two work rooms for the patients; two lodging rooms for j^er-
sons employed in the work rooms; a bath room for the officers, and
another for the domestics; two water closets, etc. The portion of the
wing just described is shut off from the adjoining part (which constitutes
the fifth ward) by a thick ground glass partition; this ward having in
it a large room, twenty-nine by twenty-four feet, with a bath tub and
water closets in a recess; another twenty-four by fourteen feet; a third
twenty-three by eleven feet, and five rooms eleven b}'' nine feet, a bath
room, drying closet, and all the other conveniences already mentioned as
forming a part of each ward. These apartments and arrangements are
all intended for patients who are particularly ill, and who require special
quiet and seclusion, where they may be visited, if deemed expedient, by
their friends without annoyance to others, or interfering with the dis-
cipline of the house.

Besides the fifth ward, just described, and which is on the first floor,
there are, on each side of the centre, two other stoi'ies, each of which
constitutes a ward, and with all the conveniences already referred to.
The rooms are arranged on both sides of the corridors, which are twelve
feet wide, and have their extreme ends mostly filled with glass; while,
wherever one wing joins another, there is entirely across it an open
space for light and air eight feet wide, glazed with small sash from near
the floor to the ceiling; and in the middle of each w^ard, on one side, is a
similar open space, all of which may be used for keeping flowering
plants, birds, etc., for having small jets of water, or any other object of
interest, and which, in excited wards, may .be guarded b}" ornamental
wire work. Each stoiy of the return wing makes a ward similar to
those just described. Passing from the return wings into the Super-

330

visor's office, the one-storied buildings are reached. Each of these has
provision for twenty-six patients and six attendants, and every arrange-
ment for their comfort. The rooms are here on one side of a corridor
ten feet wide, and at the end of each of those running towards the east
is a cross hall, in which are three rooms intended particularly for pa-
tients who from any cause may require special seclusion. One of the
main halls is used for dining, and the other as a sitting room. Between
the dining halls of these two wards (the seventh and eighth), and made
j)rivate by sliding doors, are four rooms intended for excited patients
who have si)ecial attendants. Opposite these last is a room one hun-
dred and ten by fourteen feet, with an arched ceiling fifteen feet high,
with skjdights and window^s out of reach, intended to be used as a kind
of gymnasium, and accessible either from the adjacent garden and yards,
or directly from the wards; and in the story below this is a room of the
same size, in which are two fine bowling alleys, with reading tables, etc.
Both these rooms may be well lighted with gas, and warmed by steam
pipe, so that they can be comfortably used in the evening as well as by
day, andtin all kinds of weather.

The arrangement of these one-storied buildings makes for each two
very pleasant yards, in size one himdred and ten by fifty-four feet, sur-
rounded by broad brick pavements, and having grass in the centre, with
an open iron j^alisade in front, giving a distinct though sufficiently dis-
tant view of two of the most traveled roads in the vicinity. There is
also a 3^ard, three hundred and forty-three by seventj^-two feet, adjoin-
ing each sixth ward, fitted up as the others, and "planted with shade
trees. Brick pavements also surround the entire building, making, with
those just referred to and those in front, a continuous walk of six thou-
sand one hundred and fifty-two feet.

ENTRANCE.

The entrance to the department for males, as before mentioned, is
from Forty-ninth street, between Market and Haverford streets. The
gatekeeper's lodge has two comfortable rooms on the north, while on
the opposite side of the gateway is a dead room and 'another for tools
used about the grounds. Brick paths on either side of the main road-
way lead to the centre building, and the space in front, planted with
. evergreen and ornamental trees, and having a fountain in the central
grassplat, is three hundred and twenty -five by one hundred and seventy-
five feet. From the front platform, eight steps lead up to the vestibule
and seven steps inside of the building to the level of the principal floor.
Visitors passing into the centre building may go out upon a pleasant
balcony on its eastern side and overlook the improvements in that
direction, but they cannot pass through the grounds.

Ten steps descend from the roadway to the pavement around the
basement, which, except immediately at the front of the centre, where
it is surrounded by a wide area with sodded banks, is everywhere above
ground.

There is also a gate on Market street, near the engine house, used for
bringing in coal or other heavy articles, and another on the eastern side
of the grounds, for the use of the officers of the hospital only.

ENGINE HOUSE AND LAUNDRY.

The engine house, seventy-one feet from the nearest point of the hos-

331

pital building, is a substantial stone structure, seventy by sixty-four
feet, and two stories in height. The character of the ground is such that
carts drive into the second story to discharge the coal directly into the
vaults below, and the level of the railroad in the cellar of the hospital
brings it upon the second floor of the engine house.

Tlic first story, on the level of the ground on its southern and eastern
side, contains vaults capable of containing near five hundred tons of
coal. Adjoining these vaults is the boiler room, thirty by seventeen
feet, and opening into the engineer's work room, in which Avill be placed
lathes, grindstones, pipe cutting machines, etc., driven by the engines
which are in the engine room, twenty three by nineteen feet in size, and
separated from the last by a glass partition; while further west, also
separated by glazed Avindows and doors, is the fan room, and the tower
for supplying fresh air to the main duct, which leads from it through
the entire building. The height of ceiling in this story is seventeen
feet, and it is arched over the engine room and the engineer's w^ork
room, so as to give a proper support to the stone floor of the room above.
In the second story of this building, into which the railroad jiasses, is
the Avash room, twenty-seven by twenty-four feet; the room for assort-
ing and folding clothes, twenty-four by fourteen feet; the mangle room,
forty-three by eight and a half feet; the drying closet, occupying a space
twenty-six b}' thirteen feet; a water closet, and a large room over the
coal vaults and boilers, surrounded by movable blinds, and intended for
drying clothes without the use of artificial heat, for making soap, etc.

The carpenter shoj), thirty-six by fifty feet, is of frame, two stories
high, and forty-five feet from the engine house, from w^hich steam
may be taken for warming it in the winter. It has two rooms below,
and a single large one above.

The carriage house and stables make a neat stone structure, fifty seven
by thirty-six feet, and two stories high. It has accommodations for six
horses and as many cows, and the carriages required for the difl:erent
purposes of the institution. The lower floor is of cement, brick, or blue
stone. The piggery is in the yard in the rear of the stables, and there
is a carriage yard in front, both being surrounded by a stone wall.

SIZE OF R003IS.

The height of the ceilings throughout the building, and the size of the
parlors, and of all the rooms in the centre of the building, have been
alread}' given. The ordinary size of the patients' lodging rooms is nine
by eleven feet, while there are some in each ward of a much larger size,
many of which have communicating doors and are intended for j^atients
who desire a parlor as well as a chauiber, or for those having special
attendants. The parlors in the first and third wards are thirty-thi*ee by
twenty-four feet, and in the second, fourth, and sixth, they are twenty-
three by thirty feet. The dining rooms are generally twenty-three by
seventeen feet. The bath rooms are mostly nine by eleven feet. Six-
teen rooms in each one-storied building have water closets in them,
firmly secured, and with a strong downward draught. The sides of
doors and windows in patients' rooms are generally rounded, by being
built of brick made expressly for the purpose, and smoothlj' plastered.

WINDOWS AND WINDOW GUARDS.

The windows in patients' rooms are almost universally six feet by

332

two feet nine inches, having twenty lights of glass, six by seventeen
inches in each. In the front wings adjoining the centre, and in the
third story of the return wings, both sashes are of cast iron, secured in
wooden frames, so arranged as to balance each other, rising and falling
only to the extent of five and a half inches, and doing away with the
necessity for guards. In the other parts of the return wings, and in the
one-storied buildings, the windows are of the same size, having the
upper sash of cast iron and immovable, the lower being of wood, rising
to its full extent and protected by an ornamental wrought iron guard,
securely fastened on the outside. A few rooms in each one story build-
ing have small windows out of reach of their occupants, and intended
for the temjjornry seclusion of very violent or mischievous patients. In
other parts, as well as in this, wire screens inside of the rooms are occa-
sionally used to protect glass, and ornamental wire work is adopted in
some of the parlors, at the ends of corridors and in other similar posi-
tions, as a guard outside of the windows.

DOORS.

The doors throughout are made of the best white pine lumber. In
the wards they are one and three fourth inches thick, six feet eight
inches high by two feet seven inches wide. Each door has eight panels
in it, one of which makes a hinged wicket, and what is commonly
known as bead and butt, very substantially put together, and wherever
special strength is required it is obtained by transverse jjieces of iron
let into the wood, or by plates of boiler iron screwed on and painted so
as to resemble an ordinary door. Each door has a good dead lock to it,
and occasionally a mortise bolt is added. Over each door is an uuglazed
sash, thirty-one by seventeen inches, covered with fine wire on the
inside, or a space thirty-one by five inches, which can be filled up at
pleasure by a tight board or by wire. Lift hinges have been used for
all these doors, which for patients' lodging rooms always open into the
corridors.

FLOORS.

•
The floors throughout are of the best yellow pine, cut to order in
Florida and piled up on the grounds two years before it was used. The
boards are one inch and a quarter thick, varying in width from two and
a quarter to four inches, and put down with secret nailing. Counter
ceiling is everywhere used. The only exception to this kind of flooring
is in the two kitchens, the scullery, a space in the basement hall in
front, the bake room, all the sink, water closet, and wash rooms, the
line between different wards, the entrance to the stairwaj^s, and the
main wash room in the engine house, which are of brown German flag-
stones laid on brick arches; the engineer's work room, which is jiaved
with brick; the front of the boiler room, which is of iron and blue stone
flagging; and the engine room, one sink room, and all the ward stair-
ways, which are of slate, admirably adapted to such a jDurpose, and
which has also been used extensively for window sills, stairways, and
other jjurposes.

STAIRWAYS.

All the stairways in those parts of the building occujiied by patients
are fire proof. The framework is of cast iron, built into the brick work
on each side and covered with slate, which has many advantages. The

333

rise of these steps is only seven inches, and there are platforms every
five or six steps, with convenient handrails on both sides from top to
bottom. They are all well lii^hted by windows by day and by gas at
night. The well ai-ound which the stairs wind is used for hat or coat
rooms for the ditfereut stories.

PLASTERING.

The inside plastering is what is called hard finish, composed of lime
and sand, without plaster of Paris, except for ceilings, and well trowelled.
This finish admits of being scrubbed for years without injurj^, and is at
all times ready for painting. The outside of the building is rough cast,
the material used being the pulverized stone of which the house is built
and lime, to which an agreable shade of color is given by sand. Hy-
draulic cement is used near the ground in certain positions, in many of
the sink and wash rooms, in the kitchen and scullery, in the main wash
room, and as a substitute for the ordinary wash boards in many of the
ward corridors and patients' chambers.

ROOFING.

The roof is of Pennsylvania slate, fastened on lath, and plastered with
hair mortar on the under and upper edges, and on the joints of the
slate. The pitch is one fourth of the span. The water from the roof is
carried off through four inch cast iron pipes, inside of the building, and
easily accessible, into large drains leading into the main culvert.

SEWERAGE.

The main culvert is two thousand and thirty-two feet in length. It is
thirty-five inches from toj) to bottom in the clear, built of brick laid in
hydraulic cement, egg-shaped, the smaller part being at the bottom.
Beginning near the intersection of the north return wing and one-storied
buildings, at which point it receives various pipes from the adjacent
wards, it passes under the main chimney, by the engine house and barn,
and extends to Mill Creek, into which it discharges just before it reaches
Market street. Through this culvert all the drainage from the building
and much of the grounds is carried off", being intersected by branch
culverts at various points in its course.

BATH ROOMS, WATER CLOSETS, ETC.

There are twenty-one bath rooms and as many water closets in the
building, in addition to those in the patients' rooms. Sixteen are in the
wards. Each bath room has in it a cast iron bath tub, covered with
zinc paint, and with improved arrangements for the admission and dis-
charge of water through the bottom. In addition to the ordinary hot
air flue, there is a coil of steam pipe for direct radiation in each, so that
when hot baths are used the temperature of the room may be made so
high as to prevent the sensation of chilliness when coming from the
water. The water pipes in these rooms are generally of galvanized iron,
left exposed, so as to be readily accessible, and passing from story to
story through castings made for the purj^ose, so that in case of leakage
the ceilings may not be injured.

The water closets are of cast iron, enameled, have no traps, but are

open, so as to have a constant downward draught of air through them
into the main chimney, as have all the sinks, bath tubs, etc., in the whole
establishment. The water is let on by the opening of the door.

The wash basins in the wash rooms are of marble, with strong swing
cocks. The sinks are of cast iron, and have hot and cold water at each-
There is also an iron hopper to each, and into which the slops, etc., are
emptied. There are permanent fixtures for securing the towels in each
wash room. The drying closets are sufficiently large to contain a bed,
and like the closets for buckets, etc., have flues leading into and from
them, and thus secure a direct communication with the fan below and
the ventilating ducts above. All these arrangements in each ward are
clustered together, and have scarcely any wood in any part to absorb
moisture or retain unpleasant odors.

SUPPLY OP WATER.

The new hospital is suplied with water from a well twenty-five feet
in diameter, containing fifty thousand gallons, and into which, as meas-
ured at the dryest period of the last year, is a daily flow of thirty thou-
sand gallons of excellent water. There is also a constant stream of
spring water passing near the well, which can at any time be turned
into it. By means of one of Worthington's combined direct acting
steam pumj^s, capable of raising ten thousand gallons jier hour, this
water is forced through seven hundred and eight feet of six inch cast
iron pipe into the four boiler iron tanks in the dome, and from which it is
distributed through the entire building. These tanks are one hundred
and three feet above the well, and contain twenty-one thousand gallons.
They are so arranged that one or all may be used at pleasure; have
overflows and jiipes through which they may have the sediment washed
out whenever deemed desirable. The elevation of these tanks is suffi-
cient to secure the feeding of the steam boilers when carrying a pressure
of forty pounds to the inch. These tanks were made at the works and
put in place before the roof was on the building. It is intended that
they shall always be about full of water, and a small pipe leading from
them to the engine house tells the engineer on duty wRen that is the case.
There is also in the engine room a single Worthington steam pump, capa-
ble of raising five thousand gallons per hour, and intended to prevent
any possible deficiency of water should an accident hapj^en to the larger
engine. The rule is that both should be used some part of every day,
so that in case of emergency there may never be a doubt of their being
in working order.

The tank for supplying the centre building with hot water is twelve
feet in length and twenty-three inches in diameter, and is placed above
the cooking range, the heat being supplied through circulating jupe from a
waterback behind one of the range tires, and is abundant for all purposes.
The supply of hot water for the wards is derived from six iron tanks
placed in the most convenient points in the cellar, in which situations
they are easily accessible, and leakages can do little injury to the build-
ing. The heat is derived from steam coils coming from the summer
pipe (as it is called) used for cooking and all other i^urposes excejit
warming the building. The large steam boilers at the engine house are
supplied with hot water by the condensed steam used in heating, which
ordinarily returns to them by gravity, but when it does not is received
into an iron tank and forced into them by a small steam pump. The
laundry has hot w^ater from a large tank placed in the oven, which

335

covers the boilers, and through which the exhaust steam from the
engines and pumps can be made to pass whenever desired, and which
ma}' be also used for feeding the large boilers. There are three wells of
excellent water besides, at convenient points near the building, and
which HU])plicd all the water required in its erection. A fourth is now
being sunk near the stable,

LIGHTING.

The hospital is lighted by gas from the city works. The fine meter
is placed iu the engine room, and a record is nuide ever}' morning of the
consumption during the preceding night. Stopcocks are placed at con-
venient points for checking the flow of gas through the nuiin pipes, and
the ordinary kinds of fixtures have been adopted throughout the build-
ing. The gas is also used for exi:)erimental purposes iu the lecture
room, and for boiling water, etc., in the medical office.

FURNITURE.

The furniture is intended to be neat and plain, but of a comfortable
and substantial character; the amount in the various apartments being
iu a great measure dependent on the character of the patients occupying
them. Carpets of some kind generally cover the j)arlors, and some por-
tions of the corridors and chambers. Wardrobes, tables, mirrors, and
other conveniences are frequently added to the bedsteads, which are of
various kinds, mostly of wood, but many are of wrought or cast iron,
painted of a light color, a few of which last are secured to the floor.

HEATING AND VENTILATION.

There is no fire used in any part of the hosj^ital for heating, although
provision for open fires has been made in all the parlors and in many of
the other large rooms, should such an arrangement ever be deemed
desirable. The only fires kept up in the building are those in the
kitc^iens, bake and ironing rooms.

In the boiler room at the engine house there are three large tubular
boilers. Each of these has a furnace five feet three inches wide by five
feet three inches long and seven feet four inches high. The shell is
seventeen feet eight inches long by four feet six inches in diameter.
Combustion chamber four feet long, and ninety-eight tubes two and
a half inches iu diameter and eleven feet long. The total heating sur-
face for each is seven hundred and forty-four square feet. The grate
surface is twenty and a quarter square feet. The escai^ing gases enter
a common flue, and the draft can be regulated by a damper at the back
end of each boiler, or the supply of air graduated by a register in the
ashpit door.

These boilers furnish steam for warming the entire hospital, and for
driving all the machinery, pumjjing water, for ventilation, washing,
cooking, etc. They are so arranged that one or all may be used at
pleasure, either for heating or driving the machinery. The steam is
carried from them in a five-inch welded iron i^ij^e, and after reaching
the hospital building, it is distributed in eighty-three air chambers,
placed in its cellar, with direct flues leading from them to the apartments
above. The gases from the boiler fires j)ass through an underground
flue, four feet wide and six feet high, a distance of five hundred and

336

fifty-seven feet, rising thirty-one feet in its course, till it comes to the
foot of the main chimney, which is seveutj'-eight feet above the surface
of the ground. The chimney is built double, the interior being round,
formed of hard brick, without jiargeting, six feet in diameter in the clear
from bottom to top, the latter being formed of cast iron, while the foun-
dation is of pointed stone work to a height of eleven feet, and the re-
mainder of pressed brick. The underground flue alluded to contains
the main steampipe until it reaches the nearest point of the building,
and also that portion of it which is carried to the north section of the
hospital, and is immediately over the main culvert. This chimney is
made the ventilating power for securing a strong downward draft of air
through all the water closets, urinals, siuks, and bath tubs in the entire
establishment, and for this reason is placed in a central position on the
eastern side of the building. The coils for heating are composed of
welded iron pij)es, three quarters or one inch in diameter, and are in
two sections in all the air chambers, so that one or both may be used,
according to the severity of the weather.

In the engine room are two horizontal high pressure steam engines
of fine finish. They are exactly alike, each having a cylinder ten inches
in diameter and a stroke of tw^enty-four inches. They are so arranged
that either may be substituted for the other, and one may be made to do
the work of both in case of emergency. Ordinarily, one drives the fan,
and is therefore a part of the ventilating apparatus, while the second
drives all the other machinery. The fan is of cast iron, its extreme
diameter being sixteen feet and its greatest width four feet. It is driven
directl}^ from the shaft of the engine, arid its revolutions vary from
thirty to sixty per minute, according to the requirements of the house.
The fresh air is received from a tower forty feet high, so that all surface
exhalations are avoided, and is then driven through a duct, which at its
commencement is eight and one half b}^ ten and one half feet, into the
extreme parts of the building. From the cold air duct (jj)enings lead
into the diiferent warm air chambers, which in the one storied buildings
are covered with slate; but in all other parts of the hospital these
chambers and air ducts are arched w^ith brick laid with smooth joints.
The warm air in nearly all cases is admitted near theffloor and the ven-
tilators open near the ceiling always in the interior walls. The only
exception to this arrangement is in the one storied buildings, in which,
in the patients' rooms, the warm air is admitted above and the venti-
lators are taken oif near the floor. All the ventilating flues terminate
in the attic in close ducts, either of brick or wood, smoothly plastered,
increasing in size about thirty per cent more rapidly than the capacity
of the flues entering them, and by which, through the diflPerent belvi-
deres on the roof, they communicate with the external atmosphere. In
the centre building the ventilation is through the main dome. There is
no leaden pipe used in the building.

COOKING AND DISTRIBUTION OF FOOD.

All the cooking is done in the central kitchen, which has in it a large
range with two fires and three ovens, a rotary roaster, a double iron
steamer containing ninety gallons, a smaller one — iron outside and cop-
per tinned on the inside — containing forty-five gallons, and six of tin for
vegetables, besides the vessels for tea and coffee. The food prei^ared in
this room is put into closed tin boxes, which are lowered b}^ a dumb
waiter to the car standing on the track of the railroad, where it j)asses

337

under the kitchen, and is thus conve^'ed to the bottom of the various
dumb waiters which lead directly to the ditt'erent dining rooms above, of
which, as before remarked, there is one for each ward. Each dining
room has a steam table with carving dishes on it, and abundant provis-
ion for keeping meats and vegetables warm as long as may be desired.
The dumb waiters are all controlled by the person having charge of the
railroad; they are moved by a crank and wheel, and wire rope is substi-
tuted for that commonly adopted. The railroad is an indispensable part
of the arrangements for distributing food. By its use a meal may be
delivered in all the ward dining rooms (eight in number) on one side —
the extreme ones being five hundred and eighty feet distant — in ten
minutes after leaving the kitchen, or for the whole sixteen in twenty
minutes. It also forms a ver}^ convenient mode of transporting articles
from one section of the building to another, carrying clothing to and
from the laundry, and gives a protected passagewa}^ in going from the
centre building to the engine house, barn, and workshop, and for persons
visiting their friends in the room set apart for the purpose between the
sixth and seventh wards.

PROVISION AGAINST FIRE.

As already mentioned, no fires are required in the building for warm-
ing it, and gas is used for lighting. Wherever one wing comes in con-
tact with another, or with the centre building, all the openings in the
walls, which extend up through the slate roof, have iron doors in addi-
tion to the ordinary wooden ones, and which may be closed at pleasure.
The floors of the kitchen and bakeroom, in which alone tire is used, are
of German flagstone laid on brick arches, and all the stairways in the
wings are fireproof. It is intended that there should always be about
twenty thousand gallons of water in the tanks in the dome of the centre
building, and fifteen thousand gallons per hour may be placed there by
the pumping engines. A standpipe connected with this reservoir passes
into every story and into every ward, in all of which it is intended to
have a piece of hempen hose constantly attached, so that by simply
turning a stopcock water may be put on a fire almost as soon as discov-
ered. A steam pipe also passes up into the attic of each wing, and as
one of the large boilers is constantly fired up, steam may at any moment
be let into the building by simply turning a valve in the cellar. Hose is
also kept near the steam pumps, so that it may be promptly attached
and water thrown on the barn, carj)enter shop, engine house, and
contiguous jDarts of the hospital. A watchman is constantly passing
through the house at night, and by means of two of Harris' watch-
clocks, as made by H. B. Ames of New York, there is no difficulty in
ascertaining not only how often each ward is visited, but almost the
moment the visit was made, and of course the time taken in passing
from one ward to another.

LAUNDRY ARRANGEMENTS.

The clothing, bedding, etc., collected in the different wards, after being
sent to the cellar, are conveyed from that point by the railroad to the
room for assorting clothes in the engine house, and thence into the large
wash room, in which, besides the usual washing, rinsing, and blue tubs

338

and soap vat, is one of the valuable Shaker washing machines, in which
six different kinds of clothes can be washed at the same time, and a cen-
trifugal wrino;er, both of which are driven by one of the steam engines.
From the wringer the washed articles are taken to the drying closet, in
which by means of the heat derived from the exhaust steam from the
engines passing through a large amount of cast iron pipe, and fresh air
from the fan, they are in a veiy few minutes made ready for the mangle
(also driven by steam power), or folded and taken by the railroad to the
ironing room near the centre building, to which they are raised by the
dumb waiter already referred to, or are sent directly to the principal
clothes room, from which the}^ are distributed by the same route as they
may be required in the wards. All the divisions of the washing machine,
of the rinsing and washing tubs, have hot and cold water and steam
introduced directly into them, and the water from them all is carried off
under the stone floor of the room to one of the iron columns below,
through which it pusses into the culvert on the outside of the building.

PLEASURE GROUNDS, GARDENS, AND YARDS.

This new hospital is situated in the midst of its pleasure grounds,
embracing about fifty acres, and from most parts of which are fine views
of the surrounding country; the boundary wall being so arranged, from
the natural character of the ground, or made so by excavations, that
little of it can be seen from any part of the building that is occupied by
patients. There are two pleasant groves of natural forest trees within
the inclosure, and several hundred others, evergreen and deciduous, that
have already been planted or collected for the purpose, will give an
ample amount of shaded drives and walks. A carriage road has already
been made on the inside of the wall throughout its extent, and winding
by the gardens and terraces around the buildings will ultimately be two
miles long. The foot walks are not to be less extensive, and the brick
pavements about the building have been already mentioned. There are
also, as may be remembered, three pleasant yards on each side of the
building, and connected directly with the adjacent wards. The vegeta-
ble garden will contain about eight acres, and is in ^11 view from the
north side of the building. Flower borders have been made near to and
around the entire structure. The only fences inside of the inclosure are
to give privacy to the patients in the yards, or to prevent those walking
about the grounds from aj)proaching certain parts of the building.

COST.

Without a statement of the cost, no account of such a building and
such arrangements as have been described would be at all complete, and
especially not of one like that under notice, which is entirelj^ the offspring
of the benevolence and liberality of a community, a result of practical
Christianity, and a generous recognition of the paramount claims which
such afilictions of our fellow men have at all times upon our interests
and our sympathies. The style of architecture is plain, and all useless
ornament has been studiously dispensed with; but whenever the comfort
and welfare of the patient were concerned, everything has been done in
a thorough manner.

The amount of money paid on account of the new building and its
varied fixtures and arrangements, up to the present time, is three hun-
dred and twenty-two thousand five hundred and forty-two dollars and

339

eighty-six cents, and a further sum of about thirty thousand dollars will
be recjuired to meet the other liabilities that have been incurred. Of
this total sum, twenty thousand two hundred and seventy-six dollars and
twent^'-eight cents have been for the boundary wall and gate house;
two thousand two hundred and forty-one dollars and forty-six cents for
the carriage house and stabling; eight huntlred dollars for the carpenter _
shop; four thousand four hundred and lifty-six dollars and three cents
for machinery of difterent kinds; twenty-three thousand six hundred and
twelve dollars and thirty-seven cents for heating and ventilating appa-
ratus; fifteen thousand two hundred and one dollars and forty-seven
cents for grading, for building, planting, and improving the grounds;
and ten thousand four hundred and forty-one dollars and seventy-three
cents for furniture.

PLANS, DESCEIPTIONS AND ESTIMATES OF THE BOSTON"
HOSPITAL FOR THE INSANE AT WINTHROP.

Boston Lunatic Hospital, ")

Boston (Mass.), September 28, 1867. j

To the Board of Directors for Public Institutions:

Gentlemen: Three months ago the committee on the proposed new
"Hospital for the Insane " referred the "jjlans" to the architect (N. J.
Bradlee, Esq.) and myself, with the request that we would give them a
thorough revision. That has been done and the result is before jo\x.

While not doubting that experts of larger experience may discover
defects and suggest improvements, we ai'e at a loss to see how, without
great expense, the plans can easily be materially improved.

Such a hospital structure, containing no provision that can well be
dispensed with, and requiring not a dollar for mere ornamentation, wilL
be no discredit to the humanity, intelligence, and good taste of Boston.
These plans have my heartj" and unqualified approval.
Very respectfully,

CLEMENT A. WALKER,

Superintendent.

construction of the building.

The exterior walls will be of brick, with granite trimmings, sur-
mounted b}' a brick cornice and French roof.

The grouping of the several wings, falling back as they do from the
centre and from each other, with their several projections and bays, will
give a very pleasing effect to the whole.

BASEMENT.

This story, which will be from four to six feet above the level of the
ground, will contain five hundred and four hot air chambers, each being
two feet by five feet, for the pipes to heat the building. The basement

340

of the rear centre building will contain store rooms and vegetable
cellars.

PRINCIPAL STORY.

The general plan of the building consists of a centre building, three
, stories high, sixty feet by ninety-two feet, a building in the rear of the
centre, two stories high, forty-nine feet by one hundred and fifty-six
feet, and two wings of three sections each, two being three stories high.
The first section on each side is fifty-six feet by one hundred and fifty-
four feet; the second section, fifty-six by one hundred and forty-five feet
nine inches; the third section, two stories high, fifty-seven feet by one
hundred and twenty-one feet nine inches; one being at each side of and
at an angle of forty-five degrees to the second section. This gives eight
distinct wards for each sex, the minimum required (by unanimous vote
of the Association of Medical Superintendents of American Institutions
for the Insane) in a hospital for two hundred patients; this designed for
three hundred. ,

The principal story of the centre building contains Superintendent's
room, twenty feet square; private room, seventeen feet by twenty feet;
Assistant Superintendent's room, seventeen feet by twenty feet; apoth-
ecary's room, twelve feet by seventeen feet; library, twelve feet by
seventeen feet; dining room, twenty feet by forty feet; pantry, seven-
teen feet by twenty feet; and six large closets.

The rear centre building will contain: reception rooms, twelve feet by
eighteen feet; attendants' dining room, eighteen feet by forty feet; store
room, eighteen feet by twenty-six feet; kitchen, twenty feet by forty-
two feet; laundry, twenty feet by forty feet; ironing room, twenty-two
feet square; pantry, six feet by fifteen feet; bakery, fourteen feet square;
bread closet, seven feet by twenty-three feet; tin closet, six feet by
fifteen feet; oven, ten feet by twelve feet; drying room, ten feet by eigh-
teen feet.

The first section on each side of the centre will contain fifteen single
rooms, eight feet six inches by fourteen feet; sitting room, twenty-two
.feet by thirty feet; bay window, eighteen feet by twejity feet; reception
room, thirteen feet by twenty-one feet; attendants' room, thirteen feet
by twenty-one feet; bath room, nine feet by fourteen feet; storeroom,
nine feet by fourteen feet; dormitory, seventeen feet by twenty-seven
feet; dining room, sixteen feet by thirty-four feet.

The second section on each side will contain sixteen single rooms;
general store room, twenty feet by twenty-three feet; the other rooms
are the same as described for first section.

The third section will contain twelve single rooms, eight feet six
inches by fourteen feet; open corridor, twenty-eight feet by sixty-two
feet; dining room, seventeen feet by twenty feet; storeroom, ten feet by
seventeen feet; attendants' room, fourteen feet by seventeen feet; bath
room, ten feet by seventeen feet.

SECOND STORY.

The second and third stories of the first and second sections are
divided the same as the first story of said buildings, and the second
story of the third section is also like the first story of the same. The
attics of the first and second sections will furnish pleasant and desirable
infirmaries. The attics of the third section will afford ample and con-
venient room for the isolation of small pox and other contagious diseases.

341

The second and third stories of the centre building are arranged to
uecoinnio(hite the Supei'intcndont and his famil}', Avith his assistants.

The second stor}' of the rear centre building contains a chai^el, forty-five
feet by seventy -five feet; domestics' room, fourteen feet by twenty feet;
billiard room, eighteen feet by forty-five feet; storeroom, twelve feet by
twenty feet. The main centi*e building and the first section on each
side, also rear centre buildings, are connected b}" corridors ten feet wide.

TUE ENGINE UOUSE

Is located one hundred and three feet distant from the rear centre
building, and is forty-seven feet by seventy-four feet, containing a boiler
room thirteen feet by fifty-seven feet; engine room, fourteen feet by
twenty-four feet; fan blower room, thirty-two feet by fourteen feet;
fuel rooms, fourteen feet by twenty-three feet, and fourteen feet by
thirty-four feet; connected with this house is the large chimney, fifteen
feet square at the base by one hundred and eighty feet in height.

CONSTRUCTION.

The outside cellar walls are to be two feet thick of stone laid in
cement mortar; the walls above are of brick twenty inches thick, laid
hollow, the outer walls being twelve inches, an air space of four inches,
and the inner wall four inches thick. The interior walls on the side
corridors Avill be also twenty inches thick, so as to leave room for the
ventilating and heating flues to pass through them. To render the
building as nearly fireproof as possible without going to the expense of
brick arches and iron beams or girders, all the plastering will be done
directly upon the brick walls without furi'ing; the floors will be plas-
tered between the floor boards and the base or plinth around the rooms,
and corridors will be of face brick, painted; all the inside partitions
will be also of brick.

To give some idea of the size of the building, it may be stated that it
will require one thousand seven hundred and seventy-five perches of
stone for the foundation. Seven million seven hundred and fifty thou-
sand two hundred and fifty bricks will be used in the walls; sixty-two
thousand eight hundred and twenty-nine yards of plastering; three
thousand two hundred and twenty-four feet of gutters, with two thou-
sand twenty-two feet of conductors; eighteen thousand two hundred
and fifty feet of gas pipe; one million two hundred and eighty-nine
thousand four hundred and eighty-eight feet of lumber; one thousand
two hundred and thirty-eight windows; fifty-nine thousand four hundred
and twenty-four lights of glass, and nine hundred eighty-nine doors;
five hundred and four being required for the pipe chambers in the base-
ment.

HEATING AND VENTILATION.

The building will be arranged so as to hereafter decide ufion the best
method of heating, whether by hot water, high or low pressure steam,
all of which systems have their strenuous advocates. The ventilation
of all the waterclosets will be effected by the downward draft to the
heated chimney; the ventilation of the wards will be likewise arranged
for the downward draft; there will also be provided in the boiler house,
a fan blower upon the Doctor Nichols plan, to be used as occasion may
require.

342

The high chimney will be so constructed as to form a large ventilating
flue entirely around the boiler flue, to assure a steady draft. The under-
ground air flues will be eight feet in diameter, diminishing in size as
they approach the third section, with small branches to each of the
several hot air chambers in the basement story.

COUNTS OF SUEREY ADDITIONAL LUNATIC ASYLUM.

At Broohoood, near Woking.

The additional asylum for the pauper lunatics of the County of Surrey
is designed to accommodate six hundred and fifty patients, and stands
on an estate of about one hundred and fifty acres in extent, at Brook-
wood, about three miles from the Woking station on the South Western
Eailway.

The site is bounded on the south by the Basingstoke Canal, and on the
east and west by the high roads to Guildford and Chertsey. Few sites
could be found in the country better adapted for such an institution.
The soil, a primary consideration, is a dry sand, with occasional veins of
gravel, loam, and clay. The ground rises gradually from the south and
west about seventy feet above the level of the canal, and the buildings
are erected on a plateau of some extent, with a fine range of views and
southern aspect.

The plan of the building gives to every part uninterrupted views of
the surrounding country, and free access to light and air.

The principal entrance with the visiting Justices', Superintendent's,
Porter's, Steward's, and waiting rooms form the central portion of the
noi'th front of the main building.

To the west of the entrance block is the laundr}'" wing, with the rooms
for the female working j^atients and their attendants.

On the east side of the entrance block corresponding to the laundry
wing just described, are the workshops and the apartments approjDi'iated
to the patients engaged in them.

In the centre are placed the kitchen, oflSces and stores, so arranged
that the service on the male side is perfectly separated from the female
side.

The apartments for the Assistant Surgeon and the matron, with dis-
pensary and stores, are grouped together in the centre of the south
building, near the wards for recent cases, which with the infirmaries
form the rest of the south front of main building.

The height of the rooms occupied by the patients on the ground floor
is twelve feet, and on the upper floors eleven feet.

Fifty superficial feet, or nearly six hundred cubic feet, are alloAved to
each patient in all dormitories, except those in the infirmaries, where the
cubical contents exceed seven hundred feet j^er patient.

The smallest separate sleeping room is nine feet by seven feet, which
gives seven hundred cubic feet; in the infirmaries they vary from eleven
feet by eight feet seven inches to fourteen feet by ten feet.

The day rooms, except one on each side of the wards for recent and
acute case, are all on the ground floor.

343

Lavatories, water closets, baths, slop rooms, store rooms, and closets
are provided iu all the wards.

To the east and west of the main building are placed detached blocks
with associated day rooms and dormitories for the accommodation of
ninety patients in each building. These blocks are connected with the
main building by covered passages.

The buildings are constructed in stock brickwork, relieved with a few
coloured brick dressings and sailing courses.

The stairs are of stone in all parts occupied b}' the patients, with the
well holes built up.

The floors of all da}' and sleeping rooms and of the south corridors
and corridors in infirmary wings are boarded.

The sashes generally are of wood, double hung with locks and keys,
to prevent their being opened beyond a certain height.

The doors to all patients' rooms have solid i^anels, and all angles are
rounded.

The da}' rooms and corridors have open fireplaces, iu which are warm
air grates, so constructed that warm air is admitted either into the room
with the fireplace, or conducted to the chamber above. Provision has
been made for the introduction of warm water pij)es in case any auxiliary
heating jiower should be required.

In both day rooms and dormitories ventilating flues for the extraction
of foul air are formed, having sectional areas, in proportion to the sizes
of the rooms, connected with the towers by large air shafts formed in
the roofs.

The sewage is conveyed from 'water closets, sinks, etc., by means of
pipe drains to filtering tanks, so placed and constructed as to permit of
the distribution by gravity of the filtered water over a considerable por-
tion of the land under cultivation.

The Superintendent's house is a dctatched building placed to the
southwest of the main building, near the boundary of the airing grounds
for the female patients. Plans of the floors of this house are given, and
show with sufficient clearness the arrangement and accommodation
provided.

The house for the gardener, in which accommodation has been pro-
vided for twelve of the more quiet patients, is situated in the east of the
main building, about two hundred yards from the entrance to male
airing grounds, and near the kitchen garden.

The farm bailiff's house, in which accommodation has also been pro-
vided for twelve patients, adjoins the farm buildings.

The gas works are placed to the northwest of the main building about
sixty-five j^iVds from the laundry block.

The chapel is a detached budding, designed to accommodate three
hundred and forty-three persons, very simply constructed, with plain
gothic headed windows and doors. Ventilating dormers are provided in
the roof, and the building is heated by Haden & Son's apparatus. There
is a chancel with vestry to the north. From the entrance of main build-
ing to the south porch of chapel the distance is about two hundred
yards.

The detailed statement of the accommodation provided for the patients
in the several parts of the building is as follows, namely:

RECENT CASES.

Female side — Ground floor: Single rooms, eight. First floor: Single

344

rooms, eight; dormitories, twelve. Second floor: Doi'mitories, forty-
live. Total, seventy-tliree.

Male side — Ground floor: Single rooms, eight. First floor: Single
rooms, eight; dormitories, twelve. Second floor: Dormitories, fortj-
five. Total, seventy-three.

INFIRMARY.

Female side — Ground floor: Dormitory, six: single rooms, three.
First floor: Dormitories, twenty-four; single rooms, four. Second floor:
Dormitories, thirty-four. Total, seventy-oue.

Male side — Ground floor: Dormitory, six; single rooms, three. First
floor: Dormitories, twenty-four; single rooms, four. Second floor: Dor-
mitories, thirty-four. Total, seventy-one.

SOUTH FRONT.

Female side — Second floor: Dormitories, thirty-two.
Male side — Second floor: Dormitories, twenty-two.

NORTH FRONT.

Female side — First floor: Dormitories, twenty-five. Second floor:
Dormitories, twenty. Total, forty-five.

Male side — First floor: Dormitories, five. Second floor: Dormitories,
eighteen. Total, twenty-three.

LAUNDRY BLOCK.

First floor: Dormitories, sixteen; single rooms, two. Total, eighteen.

WORKSHOP BLOCK.

First floor: Dormitories, sixteen; single rooms, two. Total, eighteen.

DETACHED BLOCKS. •

FEMALE SIDE.

MALE SIDE.

Ground Floor.
Dormitories

Single rooms

Single rooms ,,

First Floor.
Dormitories

Total

345

Sr.MMAin <JI' I'DTAl-S.

I'ccent cases To Ivocontcases 7;>

lufinuaiy 71 Infinnarv 71

South front :)2 .South IVoiit 'I'l

Xortii tVoiil 45 North tVoiit 2:^

riaumlrv hlocU IS Worksho]) bhxk IS

Dotache.l hlock IMl D.-tachcI l.lock ]8

I'Jailill'ts house \'l

(iardcMicr's Iiouso 12

Total :)21l Total 321

Till.- iiuil(lin;LiS, with all tho iieofssavy work an<[ iiltiiiii;s iiavin;;' heeii
<^oinplote<-l. the institution was opened in t he Summer of oit^'hUm ]iuniii'e(|
and Hixty-scveii.

The cost of the liuild'iniis. ex< lusivo of tittinys. and eni;'iiicer",s and
U'as works, amouiito'l to tise ^uni ol' sixty-oiu' thousand nine iiundi'ed
pouijus sterliniL-.

('. H. HOWKLr,. .\nd)ileet.

BERATA.

Pugf;! tliirtt^en, tt'tith line from buttuni, for " elevtMi " read "seven."
Page f()rty-.se\en, iiineteeiith lino from bottom, for "excess" read "sexes."
• Page fifty, fifth line of second pa.ragraph, for " courses " read " causes."
Page eighty-eight, nintli line from top, for " seventeenth " read "nineteenth."
The tables of " Results of Treatment," on pages two hundred and five, two hundred and

six, and two hundred and seven, »hould come Immediately after "Results of Treatment,"

on page two hnndre<l and two.

Page sixty-four, first coUimi^ figures, fifth line, foi- " 1360,247 " read " 560,247."^

Appendix F.— IM. I.

BASF. M^IMT

FIRST STORY.

.Ellin:

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(

PLAN OF THE PRNNHrLVAMfA H»SPrTAL FOB TUB IjVUANE.

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(lltOlNI) I'l.AN.

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— r^zf'"^"-^

IM.AN OK I'lltST KI.OOH

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("OI'XTV <)1'' SIKWICV

XKW COrXTY LI XATir ASYLl'M

Seville lO 1V<(M lo ilui liicli

EH" ~~ T ~

C!i:'-S

EiLJ

MAN (>l SDtOM) I'l.OOH

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rOVXTY ASYIil^M

ACr.OM.>IODATKS iiiSo PAri'KK PAIIKXTS

Central Public Rooms.

1. OfBcvr'x Rooms

Economic Department. Officers,

1:1

qi L 1 1 '

jl_

AI». 1'. PL.S.
COST AliOrr T. 77,7(M)

Detached Buildings and Yard.

,b . Hft(tre«s Maken

BogUieer'i Tud. iDolndlDg Engine Boum

yHBAfi ^DUmi A3ILUW.

PLAN OF FIRST FLOOR

OCCUPIED ENTIRELY BY SLEEPING ACCOMMODATION AND THE NtCESSARY CLOTHES STORE

wmatm

Perth District Lunatic Asylum.

p^fcbS,

«■

H NA'I'K ASYMM.

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(.1 ouiul I'lall iuu\ KIt-Vi.noii.

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Ll'AATIC ASYLIM.

MKKHi:NltKH(i. M;a11 IIAMil.l
Plan of Ihi- firsl Sl<)^^:

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l,rA'ATI< ASYUM IX VIKXXA.

GENERAL PLAN.

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Hdcloi- I'OUr/ir Mcdinil Dim'lni'. ~

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Full text of "Appendix to the Journals of the Senate and Assembly of the ... session of the Legislature of the State of California"

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