encouragement to their requests. They investigated the milk supply and reported present too large a number of harmful bacteria. They condemned a considerable quantity of tuberculous meat and warned all to be careful. They flushed the sewers, and directed the sprinkling of the streets and cleaned up the city generally.

The Alameda County Medical Association held a banquet at Hotel Metropole on March 10, 1896. Over forty physicians were present and a merry time was enjoyed with music, toasts, speeches, etc. Doctors Eastman and Buteau were toastmasters. Speeches were made by Doctors Overend, Adams, Melvin, Fitzgerald, Bradway, Rosborough and others. Among those present in addition to the above were J. S. Adams, D. D. Crowley, L. S. Adams, J. C. Akerly, E. J. Boyes, A. M. Taylor, J. H. Todd, H. J. Thomas, Myra Knox, N. K. Foster, F. R. Musser, T. L. Wheeler, H. N. Rucker, J. J. Medrios, N. L. Johnson, J. P. Kitchings, J. Moher, F. W. Morris, J. L. Mayon, E. N. Patterson, F. H. Panie, A. H. Pratt, S. J. Russell, S. J. Shuey and W. F. Southerland. Oakland was supplied with milk from the following dairies: Morrell's Sunset Dairy in the Piedmont hills; Scandinavian Dairy; Oakland Jersey Farm at the head of Lake Merritt; Barker's Dairy at the head of Claremont avenue; Mountain View Dairy; Cordico's Ranch in Hays canyon; Carr's Dairy in Fruitvale at Twentythird avenue; Swiss Dairy on the Redwoods road; Oakland Cream Depot; and Sweet Briar Ranch.

The attempt of the board of health to have the council pass an ordinance requiring that consumption should be one of the diseases to be officially reported by attending physicians, was defeated by that body after a sharp contest. In July the county board refused to appropriate $25 per month for the Double Cross Free Clinic because the county was then contributing to the support of three other clinics, besides the Receiving hospital and the county infirmary. The application for help was denied by a unanimous vote. This act was criticised as penurious and small-souled. It was not because the county lacked money, nor because the clinic did not merit help, but because the county board had grown tired of doing well. Late in January, 1897, the county board passed unanimously a resolution discontinuing the allowance of $25 made monthly to each of three clinics.

In the fall a resident of Alameda was arrested twice on the charge of selling impure milk in that town. His permit was revoked by the board of health, but he continued to sell. His cows were examined by experts and several of the animals, it was publicly announced, had tuberculosis and their milk contained the germs of that disease. One or more of the experts had given the dairy a clean bill of health, which fact caused the owner to disregard the revocation of the permit and to continue the sale. The case was taken into court and although there was some difference in the opinions of the experts he was required to get rid of the suspected animals. The Alameda County Medical Association notified local lodges that the practice of serving all the members for a fixed annual sum should cease after January 1, 1898. They also opposed free clinics as against the best services of the profession. This was an emphatic and distinct movement against the so-called "contract system." At this time the president of the association was Dr. H. G. Thomas. Early in December the board of health adopted recommendations condemning Contra Costa water and advising the dis

continuance of its use in the public schools and elsewhere. The board ascribed the prevailing typhoid fever and kindred ills to its use. This action followed the reading of the report of the Pure Food and Water Committee and the report of Dr. Douglas Montgomery, bacteria specialist. The reports showed conclusively the unsanitary condition of the water of that company.

In June, 1899, Health Officer H. W. Emerson quarantined thirty-two new cases of scarlet fever in Mission San Jose and reported that measles was prevalent in that vicinity. Scarlet fever broke out in the Mission first, and then spread to outer districts.

In the spring of 1898 the greatly increased death rate was ascribed to the newly annexed territory which had not had the sanitary advantages which had wrought such an improvement in health conditions in Oakland. In December, 1899, when it was proposed to quarantine California against consumptives, Dr. D. D. Crowley favored the measure and said it was certain to come soon.

In 1900 the death rate in Oakland was less than it had been in any year since 1884; there were 896 deaths in a population of 66,560. Yet there were cesspool districts. The annexed territory needed better drainage and demanded it as their right under the conditions of amalgamation. More zymotic diseases were reported from that district than from any other. The health officer gave due warning. The board of health of Alameda prepared to renew its war on tuberculosis on a more extensive and more effective scale. It passed resolutions calling upon all medical boards and institutions in the state to request the passage of a law to establish tuberculosis sanitariums for the care of patients and control of the disease which was declared to be contagious. Members of the Legislature from this county promised to help the movement.

In the fall of 1900 the incorporators of Oakland College of Physicians and Surgeons met at the office of Dr. Frank L. Adams and among other doings subscribed to the by-laws. The signers were Doctors Frank L. Adams, S. H. Buteau, D. D. Crowley, J. S. Eastman, E. N. Ewer, C. R. Krone, J. L. Milton, W. S. Porter, R. T. Stratton, H. G. Thomas, C. D. Hamlin and W. F. B. Wakefield. At this meeting the faculty was selected and included the above physicians and a few others. It was provided that a surgical and gynecological college clinic would be carried on by Doctors Hamlin, Milton and Porter. Nearly $8,000 was subscribed by the incorporators for the running expenses of the college. It was planned to be in active operation by September, 1901, and to buy a site for the college buildings as soon as practicable. The institution was of the regular or allopathic school. A four years' course was decided upon. The trustees of the medical college secured an option on the land at the corner of Thirty-fourth and Grove streets and made preparations at once to erect a suitable structure.

In November, R. A. Archibald, city bacteriologist, made serious disclosures concerning the milk supplies of this city. In specimens examined the bacterial contents were far beyond what healthful milk should show. He said the revelations were not only sufficient to condemn the milk for food, but for all other useful purposes as well. The health department prepared to inspect and improve the product of all the dairies.

In January, 1902, Health Officer Von Adelung called the attention of the board of health to the importance of considering such diseases as tuberculosis, typhoid fever, diphtheria and scarlet fever in their relation to the home. The

communication was in the form of circulars addressed to the public and pointing out the dangers and warning all people how to assist in preventing the spread particularly of tuberculosis.

Apoplexy caused 50 deaths in 1902-3, diphtheria, 53, valvular diseases of the heart, 93, tuberculosis, 132 and pneumonia, 118. It was recognized at this time that tuberculosis was the most formidable enemy the health department had to encounter. Every possible measure of prevention was adopted; all cases were reported and free examinations of sputum made after October 10, 1902. The physicians generally aided in this movement for extermination. Premises were not placarded, but were fumigated upon the death or removal of the patient. The physicians of the city were almost a unit in the opinion that sputum aided greatly to spread the disease. Hence there were circulated 10,000 circulars throughout the city calling attention to the danger from this medium. An antiexpectoration ordinance was procured and its enforcement was turned over to the police department. Steps to destroy all street and alley waste were taken with greater rigidity than ever before. Signs were put up in public places and on local trains. Pneumonia was likewise attacked through the sputum. In all 374 cases of diphtheria were reported. The source of this spread was not wholly learned, but was believed to be largely due to the use of a common drinking cup at schools, etc. With $150 from the city council the health board introduced diphtheria antitoxin with good results. Scarlet fever, typhoid fever and smallpox were kept down. Lectures on sanitation in the schools were commenced. The erection of a garbage crematory aided the department. Monthly bulletins began to be issued. Improvements in plumbing and sewerage were introduced. In 1900-01 there were 24 cases of smallpox; in 1901-2, 52; and in 1902-3, 70. Dr. Edward von Adelung was health officer in 1902-3. Pauline S. Nusbaumer, M. D., was city bacteriologist. She made hundreds of examinations, with both positive and negative results. The city chemist, Charles H. Rowe, M. D., conducted many examinations of water, milk, etc. R. A. Archibald, D. V. S., was meat, market and milk inspector. Health measures were far better than ever before.

In 1903-4 154 persons died of heart diseases; tubercular diseases, 124; pneumonia, 106; apoplexy, 61; consumption alone caused 101 deaths. Diphtheria, scarlet fever, measles and whooping cough were kept under subjection. Ninety cases of smallpox were reported, but there were no cases from recently vaccinated persons. At this time, while the city expended $5,000 annually to control smallpox, it spent comparatively nothing to control diphtheria and scarlet fever though during the past three years smallpox caused but one death while the other two caused 10 deaths. This year there were ninety-three cases of typhoid fever and twenty-nine deaths-an unusually high percentage. Sanitary lectures, medical inspection of schools, vaccination, antitoxin, pure milk crematory, better plumbing-all aided in conserving health.

In 1905-6 heart diseases caused 169 deaths; pneumonia, 149, and tuberculosis, 125. Typhoid caused only 10 deaths. There were 29 cases of smallpox. The care of refugees from San Francisco was a feature of this year's work. Every department was active, efficient and resourceful. Sanitary conditions were better than ever before. It should be noted that the death rate was higher than reported owing to an over estimate in city population. After 1906 the reports were made monthly, and hence afford no basis for comparison.

In January, 1909, the new Merritt hospital was opened to the public. It was the first endowed institution of the kind in the county. It was strictly modern in every particular. For many years the county maintained on Franklin street. a medical and surgical station for emergency cases. By 1909 it had become wholly inadequate to meet the demands, whereupon the county board decided to reconstruct the Receiving hospital. It was made large enough to meet the enormous growth of this community. In the fall of 1910 the county board took steps to give modern and systematic care to consumptive patients in the county infirmary by providing them with a separate pavilion and other conveniences. An inspection of the county infirmary early in 1911 disclosed a state of affairs not at all creditable to the county. The congestion there was appalling. Long ago the buildings had become too small, but still others were added until all constituted a small village of ramshackle structures inconvenient, unsanitary and discreditable to a county so wealthy and so prosperous. Adequate buildings were imperatively demanded. In March, 1911, over 3,000 persons-members of the various women's clubs-addressed a communication to the county board reciting the deplorable condition of the county infirmary and asking that body "to take steps toward the erection of a permanent building to accommodate the unfortunate sick who are dependent on the county." Neither the board nor the hospital management was blamed. This communication was signed by over twenty-five presidents of women's organizations in this county. The board at once took steps to secure a site for such a new building. Previous to this date $60,000 had been set aside for the purchase of a hospital site and a surplus of $200,000 in the treasury could at once be drawn upon for the proposed structure.

Berkeley has had a board of health for many years, but it is only during the last four years that sanitation and inspection has been almost perfect. The emergency hospital, the bacteriological laboratory and the food examinations are excellent and up-to-date. For the year 1912-13 there were in that city 428 cases of infectious diseases reported, among which were: Chicken-pox, 69; diphtheria, 32; measles, 40; mumps, 80; scarlet fever, 38 (also 35 at the Deaf and Dumb Institute); smallpox, 13; typhoid fever, 17; pulmonary tuberculosis, 36; whooping cough, 16. The death rate was 9.28. Causes of deaths were as follows: Apoplexy, 42; cancer and tumor, 40; heart disease, 65; pneumonia, 21; bronchopneumonia, 24; smallpox, 5; suicides, 13; typhoid fever, 5; tuberculosis of the lungs, 32.

From July 1st to November 30, 1913, 8,468 different food establishments in Oakland were inspected. The bottled milk ordinance was rigidly enforced. The prevalence of rabies among dogs was studied and controlled. In January, 1914, the county board passed a resolution authorizing Charles P. Weeks, architect, to prepare plans for the following structures: (1) For a complete county infirmary hospital on the present site; (2) plans for a county infirmary and an infirmary hospital.

CHAPTER X

THE COURTS, BENCH AND BAR, ETC.

Under the act of March 29, 1850, the state was divided into judicial districts and John H. Watson became the first judge of district No. 3, composed of the counties of Contra Costa, Santa Clara, Santa Cruz and Monterey. Upon the creation of Alameda county in 1854, it became a part of the same district and so continued until the creation of the superior courts in 1880. The act creating Alameda county provided for a court of sessions to be presided over by the county judge and two justices of the peace. The first term of the court of sessions was held at Alvarado on June 6, 1853, with Adison M. Crane presiding assisted by justices I. S. Long and D. S. Lacy. C. P. Hester was first district judge and A. M. Crane county judge, both of whom were elected in 1853. The former served until 1865 and the latter until 1857. S. B. McKee became county judge in 1857 and W. H. Glascock in 1859. Then John A. Lent served until 1863 when he was succeeded by Noble Hamilton. In 1864 S. B. McKee succeeded Judge Hester on the district bench and served until 1880 when the superior courts were formed. Stephen G. Nye became county judge in 1867 and served until 1880. The new constitution of 1880 gave the county two superior judges-A. M. Crane and W. E. Greene. In 1882 one more judge was allowed and Noble Hamilton was chosen. In 1884 E. M. Gibson succeeded Judge Crane, but was himself defeated by Judge Ellsworth in 1890. Mr. Henshaw became judge in 1892 and F. B. Ogden in 1891 by appointment of Governor Markham. In 1892 Judge Henshaw was elected to the supreme bench and Judge A. L. Frick succeeded him in this district. In 1896 Judge S. P. Hall succeeded Judge Frick.

The bench and bar of Alameda county is and has ever been preeminent not only for its profound legal accomplishments, but for its forensic and oratorical ability and its rare acumen in court practice and procedure. Many important decisions that have stood the test of time and study were rendered in this county. In 1853 Hamilton & Coombs had their law office in one corner of the room used for a district court room and for a justice's court room. W. C. Pease was another lawyer there.

Horace W. Carpentier was one of the first, if not the first, lawyer to locate in Alameda county. However, he did little general law practice, but used his legal lore and craftiness to get on the upper side of all the title to desirable land in the vicinity of Oakland. He seemed adept in the law of ejectment, unlawful detainer and squatter title. Though a young man he unquestionably possessed great ability and thorough knowledge of the law of real estate. In several contests Judge Crane decided adversely to Carpentier and associates, because

Note: Much concerning court decisions will be found in half a dozen other chapters, notably in those on Oakland, Water Front Conveyance, the Harbor, etc.