Elusive Eden: A New History of California, fourth edition

CHAPTER 13: CONFRONTATION AT MUSSEL

SLOUGH, 1880

LAND WAR • Battle between Southern Pacific and Central

Valley settlers• Tulare Basin in central San Joaquin Valley--Tulare Lake at lowest point--Basin crossed by streams: Kings River, Mussel Slough--Rich bottom lands perfect for agriculture --Dry climate, lack of transportation slowed settlement --Most development 20 miles east

• Eastern edge of basin settled by 1870 --Main town Visalia--1852 became county-seat --Position on western slope meant more rainfall

• 1869 Southern Pacific Railroad Company laying tracks from San José

--taking advantage of federal public land grants--planned to build south across Coast Range,

across basin, through San Joaquin Valley to southern California, then east to Colorado River

--mountains stopped construction at Tres Piños, south of Hollister

--no federal funds for San Joaquin Valley line

• "Big Four" asked Visalia, Tulare Co businessmen for rights of way, funds to build link to Central Pacific line

--Plan mired in controversy--Visalians approved, other towns vetoed--Ranchers, stage, wagon companies blocked--Valley split early into pro- and anti-railroad

factions

• 1870 Gov. Henry H. Haight blocked San Joaquin Valley rr subsidies

--Central Pacific retaliated--Bypassed existing towns, established areas--built own market towns in western lowlands

• 1872 CP finished trunk line to Goshen--rr town on proposed SP line through Tulare

Basin--1874 competing rr linked Goshen to Visalia

• 1876 SP began building west from Goshen, through Tulare Basin

--Had 2 years to finish line, collect federal land grants by 1878

--SP planted rr towns along route: Hanford, Lemoore, Huron

--SP line stopped at Huron 1877 --Rr now close enough to support Mussel Slough

farms

• Mussel Slough settlement boomed--Cattle lands plowed for grains--Fruit, specialty crops near water

• 1870s residents formed water companies --Pooled water rights--Shareholders built irrigation systems--Drew water from Kings River, Mussel Slough• By 1879 60,000 acres under cultivation--Dry farmers stuck to grains

FEDERAL LAND GRANTS• Federal govn created model w Pacific RR Act

of 1862--Gave CP cash subsidies for construction--Traded 10 sq mi land for each mile of track laid--Odd-numbered sections for rr--even-numbered for homesteaders

• SP claimed half of public land in Tulare Basin--SP claimed every other odd-numbered 1-sq mi

tract along route, Goshen to Huron--Title tied to completion of rr line by 1878

deadline--Patent process tied up land for decades

• SP further complicated patent process--1866 federal legislation allowed SP to select

best route from San Francisco Bay to Colorado River

--SP state incorporation papers specified coastal route to San Diego

• 1867 SP re-routed through San Joaquin Valley --Department of Interior approved route change --Fed withdrew public land along new route--Coastal communities, private landholders

objected--pressured Interior Department to force coastal

route

• 1868 Interior Dept invalidated SP SJV land claims

--Violated state charter--Had to build along coast• SP, SJV residents fought ruling--Dept suspended order pending further

investigation--Dept maps still showed as rr land

• 1870 Congress, state legislature sided with SP, SJV residents

--Confirmed route change--Confirmed SJV land claims• 1874 Interior Department transferred title on

some completed SP lines--San José to Tres Piños--Goshen to Bakersfield

THE SQUATTERS • long delays suggested Tulare Basin

homesteaders might overturn rr grants • 1870 SF newspaper predicted rr would lose

Mussel Slough grants--Never got over loss of terminus for

transcontinental rr

• John J. Doyle first to arrive--sold Merced Co farm--moved to Grangeville in Mussel Slough country--Squatted on odd-numbered rr section --Convinced others rr title flawed--Hired out as "lawyer" to help others claim rr

land

• Squatters flooded in after 1871--rr line now moving east of Goshen--Purchased even sections, squatted on adjacent

rr sections• Speculation pushed land prices higher --Squatters openly traded rr land claims --counting on Interior Dept to overturn rr titles

• Justified squatting as American tradition--Independent yeoman farmers in Jefferson

tradition--Fed govn approved "preemption" in 1840s,

when surveyors too slow--Squatters given first option when land made

available--RR corrupt, monopolistic--SF newspapers led charge

• few legitimate farmers--supposed to live on homestead claims 5 years--supposed to make improvements --many claimed several thousand acres

• many squatter leaders land speculators--left fields fallow--grazed cattle on claims--dry farmed cattle feed --built houses, barns, etc., on adjacent sections--left rr land untouched

• Doyle, squatters file homestead claims in Visalia

--Based claims on 1868 Interior Department ruling

--Land agents rejected claims--Squatters appealed--Interior Department rejected appeals--Land still reserved for SP

• 1875 Doyle, others took appeals to Washington DC

--Lobbied Congress to revoke SP land grants--Claimed SP had obtained grants fraudulently--Didn't have legal leg to stand on

• From 1874 through spring 1879, SP ignored squatters

--Sold land to outsiders--Called squatters "trespassers"

EXTRA-LEGAL MANEUVERS• 1878 Settlers' Grand League organized in

Hanford--500 members elected Thomas Jefferson

McQuiddy president--Dues financed attorneys, court costs--Pledged to keep SP out of Mussel Slough--Pledged to prevent sales of SP land--Kept Mussel Slough drama in newspapers

• Leaguers stifled criticism--Threatened buyers, railway agents, local critics --Wore hoods, sheets to terrorize victims

• nightriders attacked Perry Phillips--Had purchased land from rr--Ignored warnings to leave--November 21, 1878, burned out tenant, family--captured Phillips, two employees --held prisoner while plowed up Phillips' fields --turned tract over to squatter--local law enforcement ignored--League blamed on "Indians" --Violence undermined League's popular support

• Popular opposition to rr still strong--Cal economy tanked when CP finished 1869--National depression 1873 caught up with Cal in

1875--Californians blamed rr --Complaints legitimate: CP too rich, too

powerful

• 1878 anti-rr politics swept state--Labor unions, Populists, Farmers' Alliance

aligned against rr--SF laborers organized Workingmen's Party of

California (WPC)--John Doyle a WPC official --WPC endorsed Mussel Slough squatters

against rr--1879 Denis Kearney spoke in Grangeville,

Hanford, Lemoore

SOUTHERN PACIFIC RESPONDS• Squatters put SP in difficult position--Couldn't give up land--Counterproductive to alienate potential

customers--Took conciliatory attitude

• Survey process flawed--Officials, settlers, rr made honest mistakes--Most conflicts resolved amicably--Rr often withdrew claims, sold at govn price

($2.50/acre)--Other conflicts unresolvable

• SP determined to thwart squatters, speculators

--Considered them thieves, criminals--Forgeries, illegal claims common--Vigorously prosecuted fraudulent claims--Some squatters tying up rr land almost 7 years--Land not free: counties levied property taxes

• Mussel Slough potentially lucrative agricultural market

• Court win meant little if 500-600 settler households refused to leave

--Afraid of alienating potential customers --Moved cautiously through 1870s--Offered squatters attractive lease, purchase

arrangements

• early 1878 SP sent experienced land-grader, William H. Clark, into Mussel Slough

--inspected tracts, set prices--Mussel Slough land most valuable in Tulare

Basin: water plus rr access--SP reduced prices another 20 %--squatters given right of first refusal--squatters offered leases: gave time to harvest

crops, remove improvements

• April 1878 SP notified 100s squatters land would be sold

--Letters announced price/acre--Gave squatters 30 days to purchase--After 30 days, land would be sold on open

market

• May 10 1878 Settlers' Grand League responded

--Claimed rr demanding $20-$50/acre--some cases $80/acre--SP stealing settlers' improvements, especially

irrigation works--Irrigation made land valuable, not rr--SP title invalid--If valid, SP obliged to sell at 1867 price, or govn

rate: $2.50/acre

• Claims unjust--League inflated prices 100-400%--Most acreage $10-$20/acre--Handful in town sold for +$25/ acre--Most tracts subdivided into 40- to 160-acre

parcels--Smaller tracts much cheaper than fed's 640

acre parcels

• SP offered Mussel Slough land as notice periods expired

--Repeated offers to sell to squatters--Most refused to buy--Resisted temptation to sell to outsiders--Waiting squatters out

• July 1878 SP reduced prices another 10-25 %--Offered share-cropping arrangements--Offered rent-to-own arrangements--Some squatters agreed to buy• October 1878 SP offered tracts on open

market

RANCHERS V. FARMERS • SP decision reopened existing rifts --ranchers hated farmers--squatters hated buyers--early settlers hated newcomers

• Conflict between ranchers and farmers began in 1860s

--Grazers arrived first--Claimed river bottoms, well-watered land--By end of decade most public land occupied --Ranchers dominated local society, politics,

economy

• SP upset local balance in 1872 --Line reached Goshen--Farmers, land speculators flooded in --Many escaping Reconstruction South--Most of rr land purchasers old-timers: Perry

Phillips, Mills Hartt, Walter Crow--Most squatters newcomers: John Doyle, T. J.

McQuiddy

• By 1875, newcomers majority --Claimed remaining public land--Demanded access to streams, Tulare Lake --Fought for shares in irrigation districts--Disagreements led to crop burnings, killing

livestock, beatings, shootings--Set pattern for conflicts after SP decision to sell

squatter tracts

• Conflict between League, old-timers stifled land sales

--League threatened buyers--No sales by summer 1879

• Disagreements within SP made situation worse

--Wanted to protect SP assets--Disagreed about how to do it--Stanford, Huntington recommended dropping

prices even further--Charles Crocker, SP pres, refused

• December 1878 SP started eviction proceedings

--Filed cases against ring leaders --Only filed 12 suits --test cases would show SP determined, but fair--held off on new suits until cases concluded--by Jan 1879, many squatters had given in--League attacked purchasers

• April 1879 SP filed remaining evictions• First victory announced December 1879--S P Railroad Company v. Pierpont Orton --Court found for SP--1867 SP route change legal--SP titles along finished routes valid--Orton (thus all who settled after 1867) could not

challenge rr title --SP won each suit, plus court costs, damages --Orton pushed more squatters to settle--250-300 squatters settled

• 200 squatters held firm--Leaguers promised to resist eviction--John J. Doyle lobbied state legislature--Legislators asked Congress, Supreme Court to

reverse Orton

• Leland Stanford agreed to meet with League--March 4, 1880, met in Sacto w Doyle, McQuiddy--Agreed to halt court cases--settlers would accept rr title --Stanford would lower price to $5/acre --Crocker cut prices $1-$4/ acre• League intensified attacks on SP --Drove SP agent out of Hanford--May 11 organized protest meeting in Hanford

SHOOT OUT IN MUSSEL SLOUGH• Purchasers pressured SP to complete evictions --Some waited years to take possession--E.g., Mills Hartt, Walter Crow • May 1880 Crocker lost patience--Asked circuit court to enforce rulings--Send U.S. Marshal to serve eviction notices--Notified purchasers could take possession

• Morning of May 11, 1880, U.S. Marshall Alonzo Poole, SP land grader William Clark arrived in Hanford

--Same day as League rally--First stop: evict John Storer, Henry Brewer

from Walter Crow's land--Met Hartt and Crow on road

• Leaguers rode ahead to warn Storer, Brewer--Using 320 acres to grow wheat--Land unfenced, unimproved--Had held it several years--Brewer held valid claim next door, w house,

barn--Storer met Poole, Clark on road--Group continued together

• 40-50 League members met at Crow property --Armed with handguns, rifles--Marshall dismounted, approached alone--Immediately surrounded by horsemen--Poole explained his business--Leaguers protested evictions illegal while court

cases pending

--League spokesman James Patterson demanded marshal's revolver

--Poole refused--Patterson "arrested" marshal--William Clark, Mills Hartt, Walter Crow

couldn't see what was happening

• Leaguers approached wagon, demanded weapons

--Clark refused --Crow, Hartt, riders all shouting • Marshal accidentally knocked down --Hartt, Crow reached for weapons--20-30 shots fired instantly--Hartt, Harris, another settler killed--Crow killed men guarding Poole

• Most participants did not shoot--Neither Poole, Clark, or Crow wounded--Crow slipped away--Later found shot in the back

• Poole, Clark set off for Hanford--Ran into another militia company --T.J. McQuiddy offered protection as far as

Kingsburg --Checked into hotel for night--Warned another militia company coming for

them--Took first northbound train for SF

THE AFTERMATH• Gunfight became instant sensation• Telegraphed cross country--Huntington, Stanford in New York knew within

hours• Public reaction mixed--Tulare County residents blamed SP--Urban newspapers blamed squatters--Even SF Chronicle blamed squatters

• Squatters heralded as martyrs for common man

--SP vilified--Settlers' Grand League organized anti-SP

rallies, marches• No one arrested for Crow's murder

• SP pressed US Atty Gen to prosecute League ringleaders

--Summer 1880 SF grand jury indicted eleven settlers

--Doyle, McQuiddy, Patterson charged in deaths--McQuiddy escaped

• Trial held December 1880 --Doyle, Patterson, three others convicting of

obstructing a US marshal --Punishment 8 months in unlocked cells at San

José jail--Allowed to attend church, lodge meetings,

celebratory dinners --Given hero's welcome when returned to

Mussel Slough

• late May 1880 Hanford, Lemoore leaders made agreement with Crocker

--lowered price another 12.5 percent--retroactive for those who'd already purchased--majority of squatters settled quickly--by June 1881, all Southern Pacific land in

Mussel Slough sold or leased

• December 1883, U S Supreme Court rejected settlers' appeals

--A few squatters held on--Refused to negotiation with rr or courts--Remained months, even years--Most held out one or two years--Handful still squatting in 1887

• Battle at Mussel Slough informed anti-rr feeling into 20th c

--Inspired Frank Norris's 1901 classic, The Octopus

--Most historians accepted anti-rr views uncritically

THE MUSSEL SLOUGH OF TULARE AND FRESNO COUNTIES IN 1883This contemporary map illustrates the major features of Mussel Slough geography in the late nineteenth century, as well as the location of the Central/Southern Pacific's main north-south rail line bisecting the valley. Tulare Lake now has nearly vanished, its former bottom drained and covered with large corporate farms. California State Library.

A Mussel Slough Farm, 1883The farm fields, orchards, and house gardens made possible by irrigation and railway development along Mussel Slough are clear in this contemporary woodcut from an early county history. Typical of illustrations in nineteenth-century histories and promotional tracts, a train—a mechanical symbol of economic and cultural progress—chugs in the distance. California State Library.

Thomas Jefferson McQuiddy, 1900A former cavalry officer and secret service agent for the Confederacy, "Major" McQuiddy had come to Mussel Slough by way of Tennessee and Missouri in 1873. He purchased large tracts of even-numbered government sections near Hanford, and like some of his neighbors, moved over to establish claims on odd-numbered railroad sections. An experienced politician and soldier, McQuiddy emerged quickly as a leader in the new community, a natural choice for the Grand League's president and militia commander. California State Library.

Southern Pacific Land Agent D. K. ZumwaltIn his popular 1901 novel The Octopus, based on the Mussel Slough land controversy, the great California writer Frank Norris fashioned one of the most loathsome characters in American fiction, S. Behrman, the Southern Pacific Railroad's corrupt land and political agent for the San Joaquin Valley. Ironically, Behrman's true-life prototype, D. K. Zumwalt, was a long-time resident and respected leader in Visalia and the valley. On many occasions, he persuaded Southern Pacific executives to soften policies toward buyers and squatters on railroad lands. California State Library.

"Tragedy Oak"The dead and wounded Mussel Slough settlers were placed under a sprawling valley oak in Brewer's front yard. The last surviving witness to the battle, the tree was marked with a state historical plaque in 1948. Now blighted by pollution and excessive watering from farm irrigation, "Tragedy Oak" may not survive another generation. Photograph by Richard J. Orsi.

"Impending Retribution"One of the foremost political cartoonists of his era, George Frederick Keller, who drew for San Francisco's satirical magazine The Wasp, viewed the growing anti-railroad movement of the early 1880s as "retribution" for the Big Four's oppression of the Mussel Slough settlers. That theme was sounded by cartoons, editorials, and political orations for decades. This cartoon was published on October 7, 1882. Bancroft Library.