automobiles

LAWYER ARGUES AGAINST SELF IN COURT, LOSES

Jeff Elliott Leave a comment

Congratulations, Attorney Allison Ware, the judge ruled in your favor over Attorney Allison Ware, whose pettifogging argument reveals him to be utterly incompetent.

It’s too bad Robert Ripley was still years away from starting his Believe It or Not! column; he would have loved this 1911 situation in his hometown of Santa Rosa, where the same lawyer represented the plaintiff in one case and the defendant in another, with the same legal question pivotal in both cases. No matter how the court ruled, Attorney Ware would probably win one of the cases and lose the other. And this crazy, double-edged sword of a situation didn’t happen in different places and different times – Ware was asking for a decision from a judge at the same hearing, simultaneously arguing for and against the same point. This was a man who could obviously walk and chew gum at the same time, and probably whistle as well.

One case involved the late Pincus Levin, who was a partner in the Levin Brothers Tannery, Santa Rosa’s largest employer at the time. Levin died in a spectacular Marin county train crash in August, 1910, when twelve were killed as steam locomotives collided head-on. “The two engines reared into the air and locked themselves in deadly embrace,” reported The Press Democrat luridly. The Levin family sued the railroad for $25,000, and Ware was their lawyer.

The other case was a suit over the wrongful death of a Chinese-American man named Young Chow, who was struck by an automobile and killed at “Gwynn’s Corners”, which was the intersection of Old Redwood Highway and Mark West. His family filed suit against the driver of the car for $5,000 and Ware represented the driver.

Here’s the legal issue that was being asked: Could a lawsuit on behalf of a “non-resident alien” be filed in California? Young Chow’s beneficiaries were to be his wife and two children in China. Pincus Levin, an unmarried 28 year-old Russian-Pole who had emigrated to America ten years earlier, presumably named his parents or other relatives in the old country.

The question was pretty much a Constitution 101 no-brainer: All that mattered was that the wrongful deaths occurred within the United States. The 5th amendment guarantees “no person shall…be deprived of life, liberty, or property, without due process of law” and the 14th Amendment further emphasizes due process is not restricted to just U.S. citizens: “Nor shall any State…deny to any person within its jurisdiction the equal protection of the laws.” The Constitution didn’t care that neither Pincus Levin and Young Chow were citizens, and didn’t care where any award for damages would be going. Even Chinese immigrants, who endured all manner of legal discrimination otherwise, were specifically guaranteed equal protection under the 14th Amendment by a landmark U.S. Supreme Court decision, Yick Wo v. Hopkins (1886).

Thus Ware and the other lawyers went before a Superior Court judge in San Francisco and were told that no, you can’t throw out a case just because the money would be going to China or Poland or wherever. It was a victory for Ware in the railroad lawsuit and a setback for Ware in the automobile lawsuit.

Curiously, no newspaper editorialized about how damned odd it was for Ware to show up at a court hearing wearing two hats. The Press Democrat mentioned it in passing and implied Ware felt the railroad was making a Hail Mary Pass by raising the issue but appended the automobile suit to the motion because it couldn’t hurt so why the hell not:

“Attorney Ware thought at the time there was no merit in the contention and that he could easily defeat such a proposition of law. However, he brought forward the same point in the suit of the Chinese administrator against Charles Patchett of Healdsburg. This was done in order that if the point was sustained in the court by Judge Hunt that it could be taken advantage of in the court here.”

How did these lawsuits end? Nothing more about the Levin case appeared in the papers, so it was presumably settled out of court quickly after the judge’s ruling. The railroad had no other defense; the coroner’s jury had already decided the railway was guilty of gross negligence. There is a footnote to the story, however. Levin was on the train because he had just obtained $6,000 (about $150,000 today) in “negotiable paper” from a San Francisco bank and the document wasn’t among his remains. The newspapers never explained exactly what it was – most likely some sort of bonds – but press coverage invariably mentioned it “could be cashed by anyone.” Some historians have since claimed it was never found, but that’s not true; a man on the wreck clean-up crew picked it up from the ground but didn’t understand what it was, and once he realized it was valuable, promptly turned it over to the bank.

The Young Chow case went to trial, but not before Attorney Ware filed a motion claiming the victim caused the fatal accident by turning his bicycle into the path of the car. (This was not the first auto fatality in the Santa Rosa area; the previous year a nine-year old boy was run over at the corner of Third and B and the coroner’s jury found the child was at fault for dashing in front of the car without looking.)

The jury decided in favor of the plaintiff, awarding Young Chow’s heirs $2,500. (Did it help that the lawyers for Chow made sure no juror owned an automobile?) The jury also found the driver was negligent in going too fast and lied about tooting his horn as a warning. There’s a footnote to this story as well: Young Chow was killed when he was bicycling back to Santa Rosa from the ranch of Harrison Finley, the grandfather of Helen Finley Comstock. Long-time readers of this journal may recall that Mr. Finley had his own dangerous encounter with an auto in 1908, when a driver crashed into a wagon carrying him and most of his family. After this death of his employee, Harrison Finley had another reason to be distrustful of the new horseless contraptions.

The final score for Attorney Allison B. Ware was 1-1, winning the Levin case and losing the Young Chow judgement. These were among his final appearances in court; he was 64 and would live about another three years. His son Wallace later wrote an autobiography titled “The Unforgettables” that recalled his father as a jovial man with a talent for persuasion. He arrived in San Francisco in 1855 and later told his children it was then a “fecund mulching bed of frolicsome fillies and gay Lotharios.” His first job, at age 18, was running a school for incorrigible youths. He succeeded by appointing six of the toughest guys to be “captains,” ordering them to disarm their fellow hoodlums and keep them in line. In exchange he promised the boys a night off every week that would wrap up with an expenses-paid visit to “a friendly resort, where the ladies are always pliant, gracious, sweet, smiling and co-operative.”

Ware eventually became the Sonoma County District Attorney, settling down with his family of six children at 1041 College Avenue, calling their home the “Ware Hatchery.” It was one of the few residences seriously damaged in the 1906 earthquake (pictures and a story here) but they rebuilt at the same location. He loved kids, hosting neighborhood spelling bees and awarding jelly bean prizes. In 1904 the family threw a birthday party for daughter Mabel where the highlight was a guessing game with the mesmerizing question, “How old is Mr. Ware?” Only a very persuasive lawyer could pull that off as children’s party entertainment.

CHINESE IS KILLED BY AUTO
Hurled in Air by Impact and Run Over by Machine

A Chinese employed on the Harrison Finley hop ranch, on the Mark West road, just off the main Healdsburg road, was struck by an automobile on Friday afternoon. The accident occurred near Gwynn’s Corners, and the Chinese was so badly injured that he passed away in a couple of hours. The dead man was riding a bicycle at the time of the accident, and must have become confused or attempted to cross the road in front of the rapidly approaching automobile.

When the auto struck the man he was hurled some distance in the air, and fell directly in front of the machine. The heavy automobile then ran over the Chinese and mashed him considerably. The injured man was carried into a near-by residence by those in the auto and Dr. R. M. Bonar was summoned to attend him. From the first it was seen that injured man could not survive and Dr. Bonar did all he could to relieve his sufferings.

The name of the driver of the auto which struck the Chinese was not learned. On Saturday morning Undertaker Wilson C. Smith went out to the residence where the Chinese passed away and brought the remains to this city.

– Santa Rosa Republican, April 22, 1911
SMALL ESTATE OF CHINAMAN
Young Chow Left Fifty Dollars for Relatives Who Reside in the Chinese Empire

The first petition in a long time in the estate of a deceased Chinaman was filed on Thursday in the matter of the estate of Young Chow. Chow did not die possessed of much of this world’s goods. He left some cash and personal property valued at fifty dollars. Young Yup is the petitioner, and the petition sets forth that the next of the kin of the deceased are Joe Shee, his wife, and two children in Pong Woo, China. Attorney R. L. Thompson is the attorney for the estate.

– Press Democrat, June 19, 1911
SUES FOR $5,000 FOR DEATH OF CHINAMAN

The predicted damage suit growing out of the killing by an automobile of Young Chow, a Chinaman, by Charles Patchett, on the Healdsburg road near Gwynn’s Corners, some two months ago, was commenced in the Superior Court yesterday by Young Yup, who has been named administrator of the Chow estate. Attorney R. L. Thompson represents the plaintiff. The dead man has a wife and two children in China and the suit in their interest. It is charged in the complaint that Patchett was driving his automobile in a fast and reckless manner at the time he struck Chow, who only loved a short time after the accident. The defendant is charged with carelessness and negligence. At the  time of the accident Chow was riding a bicycle.

At the conclusion of the testimony the Court took the matter under advisement and it stands submitted.

– Press Democrat, June 21, 1911
CAN NON-RESIDENT ALIEN PROSECUTE A SUIT HERE?
New Point Raised in Court Here on Monday

Can a non-resident alien prosecute an action in the courts of California?

This is a new question urged in Judge Seawell’s department of the Superior Court here Monday morning by Attorney Allison R. Ware in the suit for $5,000 damaged brought by Young Lup, a Chinaman as the administrator of the estate of Young Chow, also a Celestial, who was run down and killed while riding a bicycle on the Healdsburg road near Gwynn’s Corners. Charles H. Patchett, who was riding in the automobile is the defendant, and negligence is charged against him by the plaintiff.

J. M. Thompson and Rolfe L. Thompson represent the plaintiff and Allison B. Ware is counsel for the defendant. The case came up on argument Monday morning, and Mr. Ware claimed that a non-resident man cannot maintain a suit in the courts in this state. The suit is brought in behalf of Chow’s relatives in China. A similar point is being made by the Northwestern Pacific railroad in answering the suit for damages brought by the late Pincus Levin, who was killed in the railroad wreck at Ignacio where a number of persons lost their lives some time since.

Judge Seawell took the matter under advisement and his decision is awaited with considerable interest.

– Press Democrat, June 26, 1911

NON-RESIDENT CAN BRING SUIT
Attorneys Ware and Berry Win in San Francisco

Attorney Allison B. Ware and Jos. P. Berry won an important legal decision in San Francisco on Friday when they presented an elaborate argument to Judge Hunt of the superior court there, on the question as to whether a non-resident alien can bring and maintain an action in the courts.

The local attorneys represent Nate Levin, who as administrator of the estate of the late Pincus Levin, has sued the Northwestern Pacific railroad for damages. The suit grows out of the collision at Ignacio in which Levin and others were instantly killed.

Judge Hunt made the ruling direct from the bench that a non-resident could maintain an action in the courts and this establishes the standing of Mr. Levin at once.

The point was brought up by the attorneys for the railroad in this suit and Attorney Ware thought at the time there was no merit in the contention and that he could easily defeat such a proposition of law. However, he brought forward the same point in the suit of the Chinese administrator against Charles Patchett of Healdsburg. This was done in order that if the point was sustained in the court by Judge Hunt that it could be taken advantage of in the court here.

Judge Hunt has consented to hear the case of Levin against the railroad in Marin county, but the preliminary argument on the demurrer was made in the court at San Francisco on Friday. Attorneys Ware and Berry feel much elated at this victory.

– Santa Rosa Republican, June 30, 1911

CLAIM CHINAMAN WAS TO BLAME FOR DEATH

In an answer filed in the office of County Clerk William W. Felt, Jr., on Monday, in the suit of Young Yup, administrator of the estate of Young Chow, against Charles Patchett. It is claimed that Young Lup [sic] was responsible for the accident that caused his death. The Chinese was killed in a collision with Patchett’s automobile near Gwynn’s Corners last summer, and the answer sets up that the negligence of the Chinese in turning to the left side of the road instead of to the right side, was responsible for the collision. Attorneys Allison B. Ware and Phil Ware represent the defendant.

– Santa Rosa Republican, October 10, 1911

AUTOMOBILISTS ARE NOT WANTED ON JURY

Owners of automobiles were not wanted on the jury now trying toe damage suit of Young Lup vs. C. H. Patchett. During the examination of talesmen in Judge Seawell’s Department of the Superior Court here yesterday, counsel for the plaintiff queried each man as to whether he was the owner of automobiles were excused. An automobile figures prominently in this case, as the plaintiff appears as representative of the heirs of Young Chow, a Chinese, who was killed by an automobile on the Healdsburg road near Gwynn’s Corners.

– Press Democrat, January 10, 1912

$2,500 DAMAGES AWARDED FOR DEATH OF CHINAMAN
Plaintiff Wins in Trial In Judge Seawell’s Court

Charles H. Patchett, the defendant was the last witness called in the suit brought against him by Young Lup, administrator of the estate of Young Chow, claiming $5,000 damages for the death of Chow by alleged carelessness of the defendant while driving his automobile on the Healdsburg road near Gwynn’s Corners.

Mr. Patchett testified, as did other witnesses on the previous day, that he was driving carefully at the time, that he sounded his horn a number of times and also shouted to the Chinaman before the accident happened. He claimed that the Chinaman, who was riding a bicycle, turned from the track in which he was riding on the road and swerved in front of the auto. Mr. Patchett claimed the accident was unavoidable. There was some conflict of testimony as to the speed at which the automobile was being driven at the time of the collision, but Patchett maintained that he had slowed down at the time he attempted to pass the Chinaman.

Attorney Allison B. Ware, with whom was associated Phil Ware for the defendant, took the witness through a very careful examination, as did Attorney Rolfe L. Thompson, for the plaintiff, when he took hold of the witness.

Before the noon adjournment Attorney Thompson had made his opening arguments to the jury, claiming that Patchett had been negligent and that the accident could have been avoided. Counsel made a strong speech.

When court resumed in the afternoon Attorney Allison B. Ware argued the case to the jury for the side of the defendant, making a powerful case of the facts and evidence adduced and denying any negligence of carelessness on the part of Mr. Patchett.

Attorney Thompson replied to the argument of counsel for the defense in another strong speech to the jury. Judge Seawell then delivered his charge to the jury.

The jury retired to consider the verdict shortly before five o’clock. At six o’clock they were taken to “Little Pete’s” restaurant for supper in charge of Deputy Sheriff Donald McIntosh and returned shortly after seven. It was nine o’clock before they had agreed upon a verdict.

The jury found for the plaintiff in the sum of $2,500 and also answered the following special interrogatories submitted:

Was the defendant riding at a rapid rate of speed at the time of the accident? –Yes.

Did the defendant operate and manage the automobile in a negligent and careless manner at the time of and immediately prior to the said accident? –Yes.

Did the defendant cause the said automobile to slow up and lessen the speed thereof? –Yes.

Did the defendant sound the automobile horn and warn Young Chow in a timely manner? –No.

Did Young Chow, by his own negligence, contribute proximately to the resulting in life death? –No.

Did Young Chow, plaintiff intestate, when the defendant was approaching on the left side of the road in the automobile, carelessly and negligently drive the bicycle on which said young Chow was riding in front of the said automobile on the left hand side of the road? –No.

Counsel for the defense have asked for a stay of execution for thirty days. It is expected that a motion for a new trial will be made.

– Press Democrat, January 12, 1912

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MR. CONTEST EDITOR IS DISAPPOINTED IN YOU

Jeff Elliott Leave a comment

Santa Rosa probably looked like it was evacuated that spring. From houses with drawn curtains could be heard the ringing of unanswered telephones, I imagine, and screen doors were likely jammed with calling cards. Or maybe it looked like the town was under quarantine; those who couldn’t avoid going downtown to shop or work no doubt hurried as fast as possible, avoiding eye contact at all costs. Was there an outbreak of plague? A great natural disaster? A bank collapse? Nope; it was the Press Democrat’s Kline Kar Kontest of 1911.

Oh, it started off innocently enough, all sunshine and roses.  It was just the “Press Democrat Popular Ladies’ Voting Contest” to build up newspaper circulation. Someone would win a nice prize. What could possibly be wrong with that?

Everything about the contest was unusual, starting with the prize. The lucky winner would take home a “Kline Kar” which was no cheap jalopy; it was a handmade, high-end roadster that was arguably the finest automobile sold in America at the time. Why, it was such a terrific car that young Hilliard Comstock purchased one and drove it back to Santa Rosa from Sausalito in high gear without destroying the engine (he apparently did not know how to use a gearshift) – an otherwise minor news story the PD featured on the front page because the contest had just launched.

Also quite unusual was that the contest was only open to “any woman (married or single) residing in Sonoma County.” In those days there were very few women drivers, much less women car owners; the only exception ever mentioned in the PD was the amazing Dorothy Farmer (think Farmer’s Lane) who bought a Packard in Los Angeles three years earlier and drove it all the way home on the rutty wagon trails that passed for roads. But this was also 1911, which was the year of the campaign for women’s suffrage in California and making the contest women-only could have been a nod towards bringing a bit more equitable balance to the roadways. Cynics might also wonder if eliminating men from the contest was a sexist gambit expecting the guys would help the gals “cheat.”

And make no mistake, it was certain to be a hard-fought contest. Newspapers were far more expensive than today, compared to the median household income in Santa Rosa. A subscription cost 50ยข a month, no discount for longer signups – that’s over twice the present relative cost to have the Press Democrat land on your doorstep every morning. Thus if Miss Newton convinced Uncle Charlie, a typical wage-earner, to subscribe to the PD for five years, he would be sending in nearly three weeks pay. Or once again, in modern terms: She was asking someone to write the Press Democrat a check for over $3,300 – quite the pricey commitment.

The contest was also set up to disguise the actual number of subscriptions and renewals. Signing up a new subscriber for three months gained you 500 votes; a five year signup was good for 25,000. Subscription renewals were good for half as many. There were bonus votes for enrolling in the contest early and there were promotions that awarded extra votes for longer subscriptions.

The sixty day contest began March 22 and the paper urged women to move fast: “Enlist the aid of your friends and neighbors in securing subscriptions and coupons for you,” read the instructions in the first ad, shown at right. “Keep ‘Central’ busy; use your telephone. Let everyone know that you are a candidate before they promise their help to someone else.”

Two weeks later, the newspaper turned up the heat; for the next seven days, subscriptions for a year or longer would be triple value – a five year commitment was now worth 75,000 votes. “No Greater Offer, Nor as Good an Offer as This Will be Given Again, Nor Will This Offer be Repeated,” the PD headline clamored. It was also when we were introduced to Mr. Contest Editor.

Over the next six weeks he cheered, encouraged, cajoled and bullied contestants into working harder. He was never named; we can’t even be sure he was a “he” although he sometimes referred to himself with male pronouns. From his snappy style it is apparent he was not a regular Press Democrat staffer. He was probably youngish, aspired to write the Great American Novel (or certain he already had) and believed he was 110 percent smarter than thou. I can picture him with his feet up on a desk, a straw boater tipped back on his head and chewing a stick of Juicy Fruit as he sarcastically read his latest contest advice to chortling newsboys.

His early columns sounded earnest and friendly: “The contest editor does not say what will be doing in votes after April 12, but this increase of votes will be changed and it will be surprisingly LOWER than it is now. Vote values will decrease from NOW on, they will never be higher; this the Press Democrat promises you…There are more than six weeks left until the close, and you could go over this whole county a dozen times before then.”

Nearly every day the Press Democrat printed portraits of the leaders along with their totals in the “Roll of Honor.” Mrs. Crone is out front on Wednesday; the next day it’s Miss Liggett of Third Street. The daily article about the contest sometimes had a sentence or two about each of them. Mrs. E. Crone: “If grit counts for anything, look out.” Miss Nellie Hansen of Sebastopol “bids fair to give her friendly opponents a merry chase.” Miss Doris Sullivan of Graton “is determined to represent that little town good and strong.” Mr. Contest Editor was proud of them all.

But after fifteen days, only four contestants had reached the 75,000 vote mark. It looked like there were no generous Uncle Charlies writing big checks to favorite nieces.

With the contest almost halfway around the track, it’s reasonable that Press Democrat editor Ernest Finley probably worried that it was starting to look like a flop, and the paper could even lose money on the promotion. And that was when the tone turned less cheery. The first hint of exasperation appeared: “It takes absolutely no experience to get subscriptions to the Press Democrat. It’s a staple article…so many people want the paper that they cannot be reached by an agent, and subscriptions by the hundreds are waiting all over the county for candidates to simply come and get them for the asking.” Goodbye peppy cheerleader, hello, angry sales manager. Let’s show some hustle out there, people!

The paper also launched new promotions. Despite the promise vote values will “never be higher” than the first promo, a limited offer was announced: For a few days, new bonuses would be awarded for subscriptions that could be bundled together into multiples of five years and the offer was retroactive to the previous Thursday (don’t even try to figure this out). Again Mr. Contest Editor promised: “Subscriptions will never be worth as many votes again.” Except three days after that promotion ended, there was another “big offer” increasing the base vote values for all subscriptions.

Obviously, there was some grumbling about these one-time-only deals that weren’t. Mister Contest Editor wanted it known this hurt his feelings:

You know that the Contest Editor has kept his promise. You know that the Contest Editor will continue to keep his promises, and you know that the Press Democrat has never broken faith with any of its candidates both in the past and present. Heed the word and promises of the Contest Editor. He is your only counselor. If the Press Democrat had ever broken faith with any of its candidates it never would have inaugurated this contest.

Aside from developing headaches and whiplash trying to follow the latest voting offers, the thirty women who were the most serious contenders must have been experiencing something like battle fatigue. Winning a deLuxe auto sounded like fun and the contest was fun at the start but after several weeks you’ve signed up everyone you know and everyone your friends know and now you dread getting up in the morning to spend another awful day of bothering people who don’t want to be bothered and already had been bothered by several of your competitors. It would also be natural if they felt despair; after two months of work, 29 of them would come away with…nothing. There was no second or third prize, no sales commission, no tote bag. Not even a complementary newspaper subscription.

The later columns by the Contest Editor address the women in the competition directly, and are more than a little creepy as he resorted to using shame as a motivation.

 You are letting yourself down:

Good merry contestants, here’s another chance. If in the past few days you have been dissatisfied with the efforts you have been making; if you think you have not done right by yourself and the ones who have stood by you for the past five weeks, here is an opportunity to make restitution and repent, an opportunity within a few days time to eclipse the vote of your closest rival, an opportunity to rid yourself of the anxiety of having enough votes to be assured of success. It is given as an opportunity to allow those a fair chance who were visited with illness last week. Several of the candidates, or their families, were under the weather.

Your friends are letting you down:

Now, candidates all–are you going to keep up this fierce struggle for all times until the end. Why don’t some one of you be the exceptional one. Do as the Contest Editor has been advising you to do for weeks. Get your friends in tow. Hand each and every one of them a receipt book and pledge them by their friendship to you to see that they all get a few subscriptions each. You have been trying it single handed for eight weeks. There is something the matter.

You are letting the Contest Editor down:

If there is any good reason why you can’t stay at the top, the Contest Editor would like to hear it. the Contest Editor would like to have a personal talk every day with every candidate in the race. That’s why he is writing to you every day through the Press Democrat. There are perhaps many candidates who will read these paragraphs, and that is all. Had the Contest Editor  ever advised you in error you would have a good excuse not to consider every word that is written every day.

The Contest Editor is disappointed and disgusted by you:

Ask yourself this question: Have you heeded the advice of the Contest Editor  from the beginning of this contest? In other words, have you kept busy, and will you keep busier than ever during the last three days of this contest? Of course, if you are satisfied with what you have and feel that you have all the votes you need, there is no reason in the world why you should exert yourself another moment.

Mr. Contest Editor was probably wise not to use his real name, as by that time there probably were thirty husbands or boyfriends who would have liked to give him a good poke in the snoot.

But finally it was over, and the winner was to be announced at 10PM on Saturday evening, May 20. The front page story the next morning – decidedly not written by Mr. Contest Editor – described what happened:

…The mass of people that the contest editor predicted would witness the closing of the contest commenced to gather at 9:30 last evening and from that time on until 10 o’clock a steady stream of people worked their way into the Press Democrat office.

The loyal candidates with their representatives were all present, and the great throng became a guessing machine as to who would win. Patiently they waited until the town clock tolled 10 o’clock. The doors were promptly locked and all the candidates that were inside were given an opportunity to cast their last ballots…

…The candidates grouped themselves together while the count of votes were going on, chatted good naturedly and joked regarding their chances. They went into the race knowing that but one of them could win and were ready to abide by the decision of the ballots…

…The judges then pronounced the count correct and the throng held themselves spellbound for the name of the winner.

Mayor Edwards then called off the totals and pronounced Mrs. Ed Crone of Santa Rosa the winner of the big five-passenger Kline Touring Kar.

A cheer went up from the crowd and Mrs. Crone and all that could pile in to it went out of the Press Democrat doors with a jubilant “Honk-Honk.”

Boy, what a surprise! In the last published “Roll of Honor,” Mrs. Crone was back in fifth place, with 739,260 votes – and now she was the big winner with 3,143,660. Wait – huh? She had concealed millions of votes until the last minute? Apparently so, and likewise four other finalists had kept their cards close, ending with million-plus totals.

If Gentle Reader thinks there’s something fishy about those astronomical numbers, you have company. My first question is how these mountains of subscriptions were credited; did the judges apply whatever screwy vote multiplier happened to be in effect at the time of the subscription order? Could the judges have physically counted that many new paper ballots on a late Saturday night? And what was to prevent the contestants from backdating all her “reserve subscriptions” to the earliest days of the contest, when votes had the highest values? If I were someone like Lillian Norris – whose final count was only a realistic 13,000 votes above her last Roll of Honor tally – I’d have called foul.

Still, there was nothing suspicious about identity of the winner: Mary J. Crone was the 36 year-old wife of Edwin Crone, the manager of Santa Rosa’s three nickelodeon and vaudeville theaters. It’s doubtful anyone else in Sonoma County came into contact with so many people on a regular basis. (Your OBL Believe-it-or-not angle: Her brother-in-law, Raymond, later worked in Hollywood as the production manager for Orson Welles, Fred Astaire and others. Ed and Mary stayed around and ended up as chicken farmers south of town).

Although the event is now completely lost in history’s dust, the Kline Kar Kontest left a sizable impact crater. In its front page article on the results, the PD crowed, “without the slightest doubt the circulation of the Press Democrat is now the largest in any city North of the Bay Counties, and has a great deal more than double the circulation of any paper in Sonoma County.” And the greater the circulation, the more they could charge for ads, so the promotion went far to entrench the PD as the voice of “Imperial Sonoma.”

Thanks in great measure to the goadings of Mr. Contest Editor, the acrimonious contest no doubt left scars in the community, destroying friendships and straining family ties; I imagine it became one of those regrettable events one hopes relatives won’t bring up at reunions. But if you climbed into a time machine and went back to the 1920s or 1930s and asked Santa Rosans what they remembered about 1911, chances are they wouldn’t remember the suffrage vote (memory of it would have been eclipsed by passage of the 19th amendment) or Fred Wiseman’s flight from Petaluma to Santa Rosa (it wasn’t recognized as the historic first airmail delivery until much later). But they likely remembered it was the spring of the damn car contest, when the doorbell and telephone rang so often it left everyone a bit twitchy.

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FORGET THE REDWOODS, LET’S ADMIRE PALM TREES

Jeff Elliott Leave a comment

Before there was a “Redwood Highway” there was a proposal for a grand boulevard running the length of Sonoma County, both sides of the road lined with those damned palm trees.

(RIGHT: Undated postcard, probably c. 1905-1910. Courtesy Larry Lepeere collection)

Such a plan was offered to the Board of Supervisors in 1911, and the Press Democrat reported the Supes were “charmed with [the] suggestion.” No surprise, really; landscapers all over California in that era loved palm trees, despite the drawbacks of them sucking up enormous amounts of water and that they made swell homes for rats (try a Google search for “palm tree rats:” About 1,170,000 results). Like many places, Santa Rosa lined some streets with them, as seen here, and homeowners in the early 20th century often planted one or a few in their yards. You can still spot a survivor or three on probably every block in the older parts of town.

It takes some doing to imagine driving the route we now call Old Redwood Highway from Marin to Mendocino and seeing shoulder-to-shoulder palm trees in the countryside. Combined with the “grand boulevard” mention in the article it sounds like they expected the highways would simply replace the old farm roads with something more like paved city streets, but no one really knew – no state had yet created a highway system for automobiles.*

These years around 1910 witnessed a swift and amazing leap into the modern world for Sonoma County. There were opportunities to watch hometown aviator Fred J. Wiseman and his associates fling themselves into the air, risking death in frequent crashes. Downtown Santa Rosa suddenly came alive with three (sometimes four) movie theaters and vaudeville houses. The Russian River resorts became the Bay Area hotspot after electricity came to the region and new trains made it easier to reach from San Francisco. And with one of those newly-affordable automobiles, anyone anywhere in the county could participate in these new adventures.

Autos themselves were both familiar and foreign; for example, there was still no convention on what to call the owner of the machine. Prior to 1908  anyone behind the steering wheel was called a “chauffeur” in the Press Democrat but in the 1911 article transcribed below the paper can be found experimenting with “automobilists” and “autoists.” While the state was preparing to spend an empire’s fortune building those highway-things there was no driver’s license exam to show an automobilist knew how to operate the vehicles using it. In a hilarious item below, the PD reported on its front page that 20 year-old Hilliard Comstock had purchased one of the finest handmade cars available in 1911 and drove it all the way back to Santa Rosa from Sausalito in high gear, apparently not knowing how to use a gearshift. “Although Mr. Comstock had had no previous experience in handling an automobile, he brought his new car up from San Francisco without difficulty and without assistance,” the paper noted kindly, “as the machine can be throttled down to four or five miles an hour without shifting the gears.”

It was also nice that the Sonoma County Automobile Association that year officially disapproved of running down pedestrians, even though some autoists apparently felt anyone on the streets was fair game:

…The Association placed itself squarely on record in the matter urging respect for all law and letting it be clearly understood that it does not stand for protecting the auto owner any more than for the protection of other people walking or driving along the highways, recognizing that each have equal rights. While many autoists do recognize these rights there are others who bring odium on the whole body by their disregard of the laws.

This was the final Association meeting with James Wyatt Oates as president, ending his two years of leadership. His retirement was announced with a cartoon in the Press Democrat shown here. In his hand is the ever-present cigar; his beady eyes glinted with the piercing gaze seen in all three known portraits. The cartoon is decorated with stock thumbnails of fishing and recreational motoring (both actual passions of Oates) but note in particular his “elevator” shoes. From the 1892 voter registration records we learn his distinguishing features were a scar on the left side of his head and that he was exactly five feet, seven and five-eights inches tall – the only voter to specify his height with such exact precision. As his shaving mirror in Comstock House seems designed for a person of somewhat shorter stature, we can presume he reached that particular altitude only with the boost of those remarkable heels.

*Voters in 1910 approved the State Highways Act with blind faith that a highway system could be built and would bring progress (and maybe palm trees). They also believed those roads would be coming, pronto. Alas, much to the frustration of Sonoma County boosters and dreamers of boulevards, it would be 1913 before Sonoma County saw its first few miles of highway construction and it would be over a dozen years more before the North Coast’s patchwork of old stagecoach turnpikes were improved and linked to become the Redwood Highway (“Redwood Empire” was coined in 1925, both springing from a regional civic association).

WOULD MAKE ON GRAND BOULEVARD
Supervisors Charmed With Suggestion That Road Through Sonoma County Be Beautified

An endeavor was made Wednesday to interest members of the Board of Supervisors in a scheme to make the ride through Sonoma county, from the Marin to the Mendocino line, additionally attractive by the planting of date palms on either side of the county road at proper distances apart.

Mr. Lawrence, a landscape gardener, talked over the matter with individual members of the board, and his description of the pleasure such a boulevard would be quite fascinating. In other sections of the state Arbor Leagues have been formed and are being formed to plant shade trees along the county roads and something very picturesque has resulted.

It is understood that the palms and the planting, etc., would probably cost $5,000, if the Supervisors should carry out the suggestions made by Mr. Lawrence.

– Press Democrat, April 6, 1911
HILLYARD COMSTOCK HAS FINE NEW KLINE-KAR

Hillyard [sic] Comstock has purchased a handsome 1911 fore-door [sic] Kine touring car, similar to the one on exhibition at the Press Democrat office. It is a classy machine, and attracts much attention.

In every respect Mr. Comstock’s beautiful car is a duplicate of the one to be given away by the Press Democrat on May 20 to the most popular lady contestant, and he is a beauty and runs like a top. Although Mr. Comstock had had no previous experience in handling an automobile, he brought his new car up from San Francisco without difficulty and without assistance. He did not find it necessary to shift his gears once on the trip, but made the entire distance from Sausalito to this city on the “high.” The construction and ease of control make this entirely feasible with the Kline, as the machine can be throttled down to four or five miles an hour without shifting the gears.

– Press Democrat, March 25, 1911

RETURNED WITH HUP FOR COLONEL OATES

Colonel James W. Oates and Shirley D. Burris went to San Francisco on the morning train Friday, and they returned to this city in a pretty Hupmobile, which has been purchased by Colonel Oates from the Santa Rosa garage. Colonel Oates will use this machine for short trips and personal pleasure for himself and Mrs. Oates, and with his large machine will entertain their friends with delightful trips about the country. The Hup is a royal blue, for two passengers only, is fully equipped and has twenty horse power engines. It is capable of splendid speed and will make a nice roadster for Colonel Oates.

– Santa Rosa Republican, March, 17, 1911
AUTOMOBILE ASSOCIATION CONDEMNS SPEEDING
Annual Outing Held in Knights Valley on Sunday

In the beautiful sunshine of a June day over two hundred people members of the Sonoma County Automobile Association and friends and many others gathered amid all the picturesqueness of the Knights Valley Ranch formerly owned by the late Calvin H. Holmes and now the property of his heirs, the site most favored for the location of the new State Trades and Training School, to enjoy the annual outing and picnic of the Association on Sunday. The day was ideal for such an event, and into its pleasures all entered with zest.

The shady trees, the waterfalls, the vineyards, the valley and mountain scenery and the other delights of the open air at this time of the year, lent much attraction to the outing. Well filled luncheon baskets were brought by the automobilists, and the contents enjoyed at noon in one of the loveliest spots imaginable. An additional attraction was the presence and music by the Healdsburg band, accompanying the large delegation from that city and sections. All part of Sonoma county were represented and the entire outing, unmarred by any accident, was voted a splendid success.

His Excellency Governor Hiram W. Johnson was invited to be present, but many engagements following his southern trip prevented his acceptance of the courtesy. He sent a neat acknowledgement of the invitation.

Following the luncheon the business meeting was called to order by the President Colonel James W. Oates of this city. Colonel Oates Spoke of the work of the past year, and of the great help the automobilists represented in such organizations the Sonoma County Automobile Association could be the campaign for good roads. He welcomed everybody to the gathering on Sunday…

…The by-laws were amended so as to make women eligible for membership in the Association. This was a wise move as there are scores of enthusiastic women automobilists in Sonoma County who are deeply interesting in the aims of such an organization…The Association also passed resolutions upholding the laws and ordinances against “speed burning…”

…The Association placed itself squarely on record in the matter urging respect for all law and letting it be clearly understood that it does not stand for protecting the auto owner any more than for the protection of other people walking or driving along the highways, recognizing that each have equal rights. While many autoists do recognize these rights there are others who bring odium on the whole body by their disregard of the laws. It is the latter type that The Association does not uphold. At the same time a gentle reminder is also given to drivers or vehicles who sometimes pre-empt more of the highway than they require to be more generous and aid in bringing about a better feeling all the way around…

– Press Democrat, June 6, 1911

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