San Francisco County

Biographies


 

 

SAMUEL HOLLADAY

 

 

 

SAMUEL HOLLADAY, the subject of this sketch, and one of the earliest residents of San Francisco, was born at Duanesburgh, Schenectady county, New York, April 29, 1823.

      His parents may be called pioneers of that State, his father, Gideon Holladay, having emigrated in his youth from Tyringham, Massachusetts, while the State of New York was little more than a wilderness.

      Coming to manhood, Gideon Holladay purchased a farm of one hundred acres upon the “Cherry Valley turnpike,” which, before the days of railroads and even before the construction of the Erie canal, was the main highway from the interior of the State to Albany, over which the broad tired, canvas-covered “Pennsylvania wagons,” drawn by many horses, decked with tinkling bells and guided by a single rein.  On this highway, twenty-five miles west of Albany, he built a commodious tavern with large barns, arched gates, sheds and outhouses for the accommodation of travelers.

      He married Martha Coon, a native of Poughkeepsie, New York, and at Duanesburgh these parents raised a family of thirteen children of which our subject was the twelfth, and of sons the seventh.  Gideon Holladay was a man of some local distinction, of great energy in public as well as in private affairs, especially in the promotion of public schools, and was elected and served for a term as “High Sheriff” of Schenectady county.

      When Samuel was four years old his father died, leaving the family to the support of his mother and older brothers.  He passed the first fourteen years of his life with such educational advantages as the “district school” of the neighborhood afforded; after which time he moved west to Hammondsport, Steuben county, New York, where, during the summers, he assisted his older brothers, who were conducting a business of merchandising and lumbering, and during the winters he went to school in the neighborhood, including a term at Franklin Academy, Prattsburg.

      In the autumn of 1841 he removed to Cleveland, Ohio, with his mother and others of the family, where some of his older brothers were engaged in business.  Here he attended the Shaw Academy at Euclid (now called Collamer), and later the English and classical school of W. D. Beattie, who was a distinguished scholar and teacher of Cleveland at that time.

      At the end of his school days, in 1843, he entered as a student the law office of Andrews, Foote & Hoyt, in Cleveland, the firm consisting of Sherlock J. Andrews, then a late member of Congress, an eminent lawyer distinguished for his talents and great eloquence; John A. Foote (who was a brother of the late Admiral Foote, one of Grant’s supporters at Fort Donelson), and James M. Hoyt, still living in Cleveland, an honored and prosperous gentleman.

      Mr. Holladay was admitted to the bar of the Supreme court of Ohio, then sitting in Cleveland, in the year 1846, when he commenced on his own account the practice of law, with such moderate success as usually attended beginners at that time, and so continued till he started for California by the way of New York, sailing thence by the steamer Northerner for Chagres and Panama, March 1, 1849.  He and a friend (Henry C. Smith, still living at Cleveland) were the first who left that city attracted by the accounts of the gold discoveries in California.  His example was soon followed by a number of other young men from that place, who have since become honored residents of this State, among them E. B. Mastick, Esq., Judge James C. Cary, Judge Walter Van Dyke, George C. Hickox, United States Senator John P. Jones and his brothers, and the late Judge Samuel Cowles.

      Arriving at Panama, there was no steamer to take him to California, so that he was detained there from about the 12th of March to the middle of May, waiting for means of transportation, the steamers California and Oregon then being somewhere up the coast, while the steamer Panama had not yet arrived from around the Horn.  In this interval a swarm of California-bound passengers by various steamers from New York and New Orleans came pouring into the small city of Panama, until there were apprehensions of famine and pestilence.

      After a tedious suspense, and within a few hours of each other, they heard the welcome book of the cannons of the steamers Oregon from San Francisco, and the Panama from New York, announcing their arrival in port, and blessed were those possessed of a ticket for San Francisco on either.  Mr. Holladay was fortunate in having secured a ticket for passage to San Francisco on the Panama at a cost of $365, whereby he reached San Francisco June 4, 1849.  Among the passengers of the Panama on that trip were the commission appointed to run the boundary line between the United States and Mexico, pursuant to the treaty of Guadalupe Hidalgo, of which John B. Weller was the chief, Major Emory in command of the military escort, and a staff of mathematicians, artists and naturalists.

      With other passengers on that trip were also the following:  William M. Gwin, General Robert Allen, United State Paymaster, Dr. Stephen R. Harris, W. H. V. Cronise, Henry B. Livingston, J. H. Crossman, John C. Morrison, Jr., Samuel C. Gray, Daniel T. Adams, H. G. Mason, John H. Jewett, William M. Burgoyne, John V. Plume, Hall McAllister, Horace Beach, H. G. Blankman, W. G. Brown, Thomas Sunderland, Frederick F. Low, John A. Collins, Chauncey Taylor, E. W. McKinstry, Samuel Tyler, Edward Pooley, Mrs. Jessie Benton Fremont, James L. Freaner, (“Mustang”), General Cadwallader Ringgold, John C. Hyer, J. H. Nevett, George Rowland, J. M. Frye, Charles D. Judah, Lieutenant George H. Derby (“Phoenix”), and many others of that class.  Amongst these names will be recognized those of a number of the most distinguished in the history of this State.

      At the time of his arrival there were a great many vessels assembled in the harbor from all parts of the world, but very few houses had yet been built at San Francisco; the numerous tents in and about the city, as they approached the place, produced a depressing effect upon the hearts of the passengers who read in them signs that the goldseekers had returned from the mines after finding the gold story a myth.  But on landing they found that the occupants of the tents were denizens of the town, either awaiting the construction of houses or preparing to go to the mines.

      Mr. Holladay had come to California with the resolute purpose of settling and acquiring real estate during its rise in this rapidly growing town, but he yielded to the persuasion of a friend to go to the mines with him for three months, on his assurance that he had always been lucky and that they would pick up big lumps and plenty of them immediately.

      By schooner to Sutterville, then the rival of Sacramento, thence to the mines by ox team, with a few mining tools, he brought up at “Woods’ Dry Diggings” (now Auburn, Placer county), which was distinguished, as they heard, for its “big lumps” and “coarse gold,” as against the Tuolumne and Stanislaus rivers to the south, where, as they heard, only fine gold dust was to be found.  He began mining about June 10, and so continued there and in the neighborhood with moderate success until April, 1850, including a six weeks’ trip to Trinity river in September and October, 1849, which was attended only with hardships, loss of time, money and health.  The community in and about the “diggings” during that first summer was very peaceable and orderly, composed chiefly of a good class of men from “the States.”  There was also a strong representation of Mexicans, Chilians, a few Kanakas and a camp of soldiers, who had deserted from the United States army at Benicia.   There was not a woman in the district.

      The law abiding character of the people was evinced by the fact that the men would leave their gold dust in their tents unprotected, sometimes for days, while they were away at work getting more, and, strange as it may seem, this practice was without loss, until some time in that summer when some gold dust was missed and a man arrested and charged with the theft.  He was in the hands of his accusers, who were disposed to execute summary punishment upon him, as had been done in some instances attended with great severity in other diggings, under like circumstances; but more sober counsels prevailed, and the assembled miners elected Mr. Holladay alcalde, who appointed a sheriff, organized a court and proceeded to give the accused a fair trial by jury, upon a complaint in writing, duly verified, charging the defendant with larceny.  Witnesses pro and con were examined in the presence of the accused, and the evidence being insufficient the defendant was acquitted.

      There were, afterwards, disputes of a civil nature for the possession of “claims,” etc., duly settled before the alcalde’s court, besides the trial, conviction and punishment by whipping, of another man, for theft later in the summer, which produced great regularity in that community.  The most noted, however, of those “State trials,” occurred in February, 1850, when two men were accused and arrested for robbing a tent of a stock of provisions, which had become very precious articles in the mines at that time.  The accused demanded legal counsel.  They selected lawyer Poland, for whom the alcalde sent some miles down the Big Ravine; this gentleman has been an honored justice of the peace for many years at Auburn.  The defendants, by their counsel, demanded separate trials; this was granted; the trials took three days, resulting in the conviction of both men, who were punished, under sentence of the alcalde, by whipping administered by the sheriff.  This was followed by the immediate arrest, without complaint or process, and an attempt to lynch, a third man without trial, who had appeared incidentally in the proceedings to have been the chief leader in the crime for which the others had just suffered.  While the crowd of several hundred excited and exasperated men were dragging this man, in the grip of the aggrieved parties, to a tree near by, the alcalde begged their attention, and by a few earnest words addressed to their pride and honor as American citizens and in favor of good order as against violence and lynch law, he so engaged the attention of his audience that while they were listening the victim in hand was overlooked, the grasp of his accusers was involuntarily relaxed, and he vanished while they were listening to the alcalde: and he was never seen or heard of there again.  As a silent spectator of the scene, there was present in the camp a person then unknown to Mr. Holladay, Mr. Gilbert C. Weld, as correspondent of the New York Journal of Commerce, who made that occasion the subject of a letter of several columns to his paper, giving a synopsis of the case, the arrest, trial, conviction and punishment of the two men, and of the alcalde’s speech to the people and the magical deliverance of the accused from the hands of Judge Lynch.  This letter was copied in various newspapers at the time, and found its permanent place in literature in Littell’s Living Age of May 25, 1850, page 354 et seq.

      Mr. Weld, in April, 1850, associated with George K. Fitch and the late Rev. F. C. Ewer, founded the Sacramento Transcript, which, for the first few months of its existence, was enriched by his graceful pen, but, to the grief of his acquaintances and to the loss of society, this amiable young gentleman and graceful writer died of cholera, at Sacramento, in the summer of that year.

      In August, the alcalde changed the name of that place from “Wood’s Dry Diggins,” to the more euphonious one of “Auburn,” which it still bears.

      In April, Mr. Holladay resumed his original purpose of locating in San Francisco, and therefore declined the County Judgeship of Sutter county, then embracing Auburn, which was tendered him by the people of that vicinity.

      Arriving in San Francisco, the political canvass was progressing for municipal officers under the first charter of April 15, 1850.

      Three sides of Portsmouth square and a part of the streets below were at the time thatched with gambling houses, open to the public; their tables piled with coin of different countries—especially Mexican doubloons and five-franc pieces, Indian rupees and gold dust and nuggets—all tempting the reckless adventurers.  The saloons were adorned with fine pictures and resonant with music by the best artists.  In the absence of other places of entertainment, a stroll through these saloons in the evening was the best entertainment the town afforded.  These were also the places where stump speakers urged the merits of their respective candidates for political office at the then approaching first municipal election.  On some of these evenings, as the old settlers will remember, a pale, light-haired youth of clear voice, fine, white teeth and crude but pleasing address, was heard from the rostrum of these saloons in the most enthusiastic manner proclaiming the glories of the Democratic party, the “progress and development” of the country generally, and the superior excellence of his candidates on the Democratic ticket, whose names he emphasized with an unction that seemed to carry conviction with it, with general accent on the first part of the name—eulogizing especially “Colonel John W. Geary, the hero of Capultepec,” for Mayor; James O’Grady for County Recorder; Dennis McCarty for Street Commissioner; Frank Tilford for Police Judge, and so on.

      His speech was short and earnest, and during the same evening the same thing was repeated in several different saloons, with little variation.

      At the election the Democratic ticket prevailed, of course; and under the judicial desk of the city recorder, where Frank Tilford presided as Judge, was seen the pale, white-haired young orator above mentioned, as clerk, and, on inquiry, his name was found to be Milton S. Latham, who soon after went to Sacramento into a lucrative law practice, thence as Representative to Congress, Collector of the Port, Governor, and United States Senator.  At the close of his Senatorial term, at the opening of the Rebellion, he retired to Europe, and at its close returned as Banker Latham; and after some years of prosperity in that pursuit his fortunes suddenly changed to disasters, from which he never recovered.

      Mr. Holladay has continued his residence and practice of law at San Francisco from April, 1850, to the present time.  By reason of the confusion and uncertainty existing in city land titles they were adjusted under the acts of Congress, and by confirmation and patent of the city’s pueblo title, there was much land litigation, which depending chiefly upon the question of the prior possession of the respective contestants, and Mr. Holladay has participated largely in that class of litigation, besides his success in other cases of dignity and importance.

      In 1858, he was elected and served in the State Legislature, where he introduced and had passed the first San Francisco street railroad bill ever passed in this State, and this in opposition to some of the San Francisco delegation; but the bill failed to become a law, having been vetoed by Governor Weller,—not because of his demerits, but, as was at the time claimed by its advocates, for some political resentments of the Governor against Colonel Tom Hayes, one of its chief promoters.

      He also introduced and secured the passage of the bill confirming the Van Ness ordinance, upon which the titles to most of the land within the present city of San Francisco depends at this day.

      For some three years he served as City and County Attorney, by appointment of the Board of Supervisors; the late Judge Lorenzo Sawyer, and after him the late F. P. Tracy, were his immediate predecessors in that office.  When he entered on its duties, the business of the office was in a state of neglect and confusion, the old city hall being advertised for sale by the sheriff under foreclosure of a mortgage existing at the time of the city’s purchase of the property.  Mr. Holladay got a new trial, and a reaccounting, by which it was found that the mortgage had been not only paid, but over-paid, and, as a result, some $2,600 was paid back and turned into the city treasury, and the judgment satisfied, and the city’s title to the property perfected.

      At the same time, the county jail on Broadway street was found to be upon a lot which had been bought and paid for and built upon by the former county, but to which there was no deed from the real owner and the city could show no color of title, the payments having been made to a stranger to the title; Mr. Holladay effected a reasonable compromise and thus secured the title to the city.

      Various lots reserved by the Commissioners of the Funded Debt under ordinance of the Common Council, he found occupied by squatters, claiming them adversely to the city, for the recovery of which he commenced and prosecuted various suits, and after the severest litigation ending by judgments in the Supreme Court, the Board of Education was restored to the possession of them, including the school lot, corner of Stockton and Rush, the Lincoln School lot, the lot at the corner of Harrison and Fourth and several others.

      Through an earnestly contested lawsuit, he won by final judgment of the Supreme Court, and under it restored to the possession of the city the public square between Folsom and Harrison, Fifth and Sixth, taking Mayor Teschmacker to the ground, and putting him into possession by the sheriff for the city.

      Mr. Holladay opened and kept the first docket of the city and county cases extant, showing a list of those managed by him, with the results in each.  This is now the office of the City and County Attorney.

      Resuming private practice, he has so continued to the present time, the greater part of his business relating to land titles, yet he has also been engaged in other litigations, the more notable of which were the “Bonanza suits” brought by him and an associate, for certain stockholders of the great mining corporations against the managers to compel an accounting for the earnings of the companies, alleged to have misappropriated.  The kings of the Comstock were called on to account for the bullion produced during the flush times of the Comstock lode.  In the Blythe Contest also Mr. Holladay represents the Gipsy Blythes, claiming to be the next of kin to the intestate millionaire Thomas Henry Blythe.

      Mr. Holladay married Miss Georgiana Catherine Ord, and there are three children of the marriage.

      One son, Edmund Burke Holladay, who has been associated with his father for some time in law practice—and two daughters, Louise and Ruth, all educated at our public schools of which Mr. Holladay is a steady and faithful friend.  The family have for many years resided at the place purchased by him in the year 1851.

      Mr. Holladay early united with the Masonic and Odd Fellows’ associations, being at the present time the earliest of the surviving members of Mount Moriah Lodge, No. 44, of F. & A. Masons; he is also a member of the Pacific Lodge, No. 155, I. O. O. F.  He is also a life member of the Society of California Pioneers, for which he feels a lively sympathy and pride; and is also a life member of the California Academy of Sciences, having served for three years as a member of its Board of Trustees, giving the work his personal attention daily, during the construction of its new seven-story building on Market street.

      Mr. Holladay was an original Republican and took an active interest in the cause of the Union during the great struggle to maintain its integrity.  His tastes include to the quiet of private life, rather than to the strife and anxieties of politics and public office, having but once in later years departed from this course, when in 1888 he accepted his party’s nomination tendered him for the Judgeship of the Superior Court, but with nearly the whole of his ticket he failed of election.

      A careful student of political government, Mr. Holladay has given much thought to the science off money as the prime factor in the progress of civilization, and to that end he has occasionally published brief articles on the subject, including a pamphlet entitled “Money Principles Formulated,” a paper read by him before the Pacific Social Science Association, in support of the idea that one of the highest attributes of national sovereignty is the power and duty of making and issuing from the national treasury direct all the money used by the people and the Government—to be made of paper exclusively—only one kind, and that a full legal tender for all payments, public and private—in short, fiat money.

      This he regards as the great reform to come, which will elevate and purify governments and promote the progress and welfare of humanity.

 

 

Transcribed by Donna L. Becker.

Source: “The Bay of San Francisco,” Vol. 2, Pages 479-485, Lewis Publishing Co, 1892.


© 2006 Donna L. Becker.

 

 

 

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