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SCI LIBRARY

Factories in the Field

The Story of Migratory Farm Labor in California

Carey McWilliams



[Chapter II from the book published by Little, Brown and Company, Boston, 1939]


LAND MONOPOLIZATION I. The Gold Rush Ends


BY 1860 the gold rush was at an end. To be sure, mining remained active; claims were discovered; a king's ransom continued to pour into San Francisco. But after 1860 the business of mining became not any man's game but the prerogative of those with fortunes large enough to enable them to battle in the arena of the Titans - Sharon, Flood, Tevis, Ralston, Sutro. As a consequence something of a recession set in and thousands of "miners" - mostly Eastern and Middle Western farmers - began to look about for land. The population of the State had increased from 92,000 in 1850 to 380,000 in 1860, and an active demand for locally grown food products had arisen. Later, in 1869, the transcontinental railroad was completed and farming for out-of-State shipment became feasible. Many of the Forty-Niners began to realize that California was primarily an agricultural state, a farming territory of vast potentialities. Few of them realized, however, the extent of the State's agricultural resources. Few of them realized, for example, that, in the San Joaquin Valley and the Sacramento Delta, they gazed upon lands of almost fabulous fertility, lands that, in truth, can only be compared with those of the Nile Valley and the other great river-valley gardens of the world. But, beginning with 1860, the expatriated Easterners and Middle Westerners began to leave the creek beds and badly scarred hillsides of the Mother Lode and to look about for farms. There was land to burn: untenanted, undeveloped, unoccupied. From 1860 to 1870 the settlers were engaged in the business of trying to occupy this land, of attempting to find farms. But, with a great wave of indignation, they began to discover, by 1870, that, just as they had been pushed out of the Mother Lode by a few mining barons, so they were being excluded from the great farming empire that was California. In 1863 Hittell pointed out that of 39,000,000 tillable acres in the State,, only 1,000,000 or less were in cultivation. Part of this tillable acreage was not readily accessible; it was subject, also, to other drawbacks; but the richness of the general farming domain was echoed in every survey of the period. Yet, as early as 1860, the good lands were pre-empted. What had happened to the land during that feverish decade from 1850 to 1860? What forces blocked its settlement and improvement?


2. Grants That Float


In a remarkably shrewd tract published in 1871, Henry George referred to the Mexican land grants in California as "a history of greed, of perjury, of corruption, of spoliation and high-handed robbery for which it will be difficult to find a parallel." The statement is conservative. Through the instrumentality of the Mexican land grants the colonial character of landownership in Spanish-California was carried over, and actually extended, after the American occupation. By the terms of the cession of California to the United States it was provided that previously issued Mexican land grants would be respected. Under Spanish rule only about thirty land grants had been made, but, in 1846, when the United States took possession, over eight million acres of California land were held by some eight hundred Mexican grantees. The connivers, Mexican and American, had rushed through huge grants on the eve of American occupation. Most of these grants were vague, running merely for so many leagues within certain natural boundaries, and, in the confusion of the period, they were imperfectly registered. Many of the grants had never been surveyed, and thus the bars were down for all manner of fraud. Speculators emerged from dusty archives with amazing documents. The grants, purporting to be conveyed by these documents, assumed all sorts of fantastic shapes - for the purpose of roping in the improvements of settlers and the best land. George described one of these grants as looking, on the map, like a tarantula. For thirty years the land titles of the State were involved in litigation, both in the State and Federal courts, over disputes which arose in connection with these grants. The owner of the grant, usually by assignment from a Mexican settler who had sold an empire for little or nothing, would sit idly by while settlers entered upon the grant and made extensive improvements. He would then come forward with his grant, usually forged, ask for its confirmation, and then evict the settlers. Although most of these grants were known to be fraudulent, and have since been acknowledged as such, the majority of them were confirmed by the courts.

The brigandage was, indeed, awful to behold. John Charles Fremont, patron saint of California, had a Mexican grant re-surveyed in such a manner that It included, within its bounds, the valuable Ophir mine upon which an English company had spent over $100,000 for improvements after repeated assurances from the owner of the grant that no claim was made to the mine. A survey of Los Nogales grant was made in 1861, under a decree for one league of land and no more, but a new survey was immediately pushed through for 11,000 acres. In surveying grants after the American occupation, the surveys were habitually for an area vastly in excess of the original grant and the courts frequently confirmed the survey for an area which included the mysterious accretion. In Santa Barbara one Jose Domin- guez sold a Mexican grant for one dollar. A speculator later petitioned Congress in the name of Dominguez - although Dominguez swore he never signed the petition - to confirm the grant for 208,742 acres (the celebrated Los Prietos Y Najalayegua rancho case). This was a typical California bargain of the time: one dollar for 208,742 acres of land. At one time a rake by the name of Limantour, under the guise of a bogus Mexican grant, laid claim to the entire city of San Francisco and came very nearly making his claim good. In court decisions, Government reports, and later investigations the story of these Mexican grants has been told in detail and the processes by which most of the grants were validated have been repeatedly denounced as fraudulent,1 yet the monopolistic character of land ownership in California today is, in large part, based upon these very grants.

LAND MONOPOLIZATION 15 The point about the Mexican land grants is, however, not that settlers were swindled and huge profits made, but that the grants were not broken up. These vast feudal holdings, which should have been purchased by the Government and held as part of the public domain, were never disrupted. Some of them are intact to this day. The ownership changed from Mexican grantee to American capitalist; the grant, as such, remained. This factor has had important social consequences in California. In 1919, ?. J. Ghent made a survey of large landholdings in Southern California and found that "the dominant form of large holdings is the tract which has held the greater part of Its boundaries undisturbed from Mexican times . . . the large holdings in Southern California are an inheritance from Spanish-Mexican times." In almost any direction, then, that the prospective farmer turned in California in i860, he ran into a Mexican land grant. The State was covered with them: vast principalities, , embracing millions of acres of the best lands in the State (the bona fide grants alone embraced between nine and ten million acres), with water, timber, and excellent resources, miniature self-contained empires. The monopolization of land in California through the medium of the forged, bogus, or "floating" Mexican land grant was, moreover, but one of the means by which ownership was centralized and the settler excluded. 5. The Railroad Grants By 1870 the railroads held some 20,000,000 acres of land in California. This land was granted, of course, in the form 16 FACTORIES IN THE FIELD of alternate sections of Government land along the various rights of way, but the justification, if any, for the grants was very slight, for, in most cases, the Government had made actual cash subsidies to the railroads in amounts that were more than adequate for all purposes. Here, again, the uncertainty of the grant opened the door to the grossest fraud. Settlers would occupy and improve land only to discover that it was located on one of the unsurveyed alternate sections belonging to the railroad. In fact, the railroad actually encouraged such mistaken settlement, for the purpose of appropriating the improvements. In one famous instance, the Mussel Slough affair, the settlers rebelled against the railroad and something very like civil war resulted. In 1871 a group of settlers, at the direct invitation of the Southern Pacific Railroad, settled in the San Joaquin Valley. Their occupancy was known to the railroad. Once the land was sufficiently improved, however, the Southern Pacific stepped in and claimed the land and ordered a wholesale eviction of the settlers. A fight occurred, as a consequence, at a place called Mussel Slough, in which seven men were killed: five ranchers and two deputy marshals. Seventeen leaders of the Settlers Land League, an organization formed to protect the rights of the settlers, were indicted and convicted, although they had no participation in the fight whatever, their "guilt" being that of "conspirators." On one petition sent to President Hayes in Washington asking for a pardon for these men, 47,000 names appeared, yet, as one of the leaders remarked at the time, "not one of these petitions was considered any more than if it had been a piece of blank brown paper." And, of course, the railroad, which had promised in its prospectuses to sell the land to the settlers for $2.50 an acre, if they would come to the San Joaquin Valley and improve the land, forced these same settlers, in the long run, to pay a hundred times this amount and then, as a final irony, robbed them, by exorbitant freight rates, for the next fifty years. This story is part of the social history of California and is chronicled in Frank Norris' The Octopus, which follows, in fairly close detail, the history of the struggle against the Southern Pacific in California.2 There is no more shameful chapter in the history of corporate swindling in the United States than this story. For every dollar that the Southern Pacific took from the settlers on its lands, it took a thousand dollars from the people of the State. It took the Californians fifty years to break the dominance of the Southern Pacific over the State Government, and one of the important props, at all times, of the railroad's great power was its landownership within the State. The Ghent survey, above referred to, shows that in 1919 the Southern Pacific was still the chief landowner in the State, owning 2,598,775 acres in Southern California alone, including 642,246 acres in one county.

It did not take the settlers long to discover, in 1860, that approximately 16 per cent of the entire area of land owned by the Government in California, which would otherwise have been open for settlement, had been given to the railroads, and that, if they wished to settle on this land, they would have to buy it from the railroads, at the latter's terms, or else move on.


4. Land speculation


The process of land monopolization in California was given early .impetus by a carelessly conceived State land policy, by the wholesale corruption of State land officials, and through the instrumentality of so-called "scrip locations."

The management of State lands was notoriously wasteful after the admission of California to the Union. For example, the Federal Government granted to the State about 3,381,691 acres of swamp land; and, in addition, about 7,421,804 acres of general Government land within the State. "These large donations," wrote George, "have proved an evil rather than a benefit to the people of California; for in disposing of them, the State has given even greater facilities for monopoly than has the Federal Government." The grant of swamp land was vague: it depended upon the nature of the land, i.e. whether it was in fact swamp land. Speculators purchased swamp land from the State for virtually nothing - a dollar an acre and less - nor was there any limitation on the amount of swamp land one man might acquire. By 1866 most of this swamp land had been given away, yielding the State practically nothing, and by this means speculators were able to monopolize thousands of acres of the most valuable lands in California, and, of course, to rob settlers.

The greediness of these speculators almost exceeds comprehension. For example, one of them contended that Sierra Valley in Plumas County, in the heart of the Sierra Mountains, was "swamp" land. Similarly a beautiful 46,000-acre tract near Sacramento was seized upon as falling within this classification, and, in respect to general lands donated by the Federal Government, the State was a party to the grossest frauds worked on settlers by a small group of speculators. One member of this group acquired title to the town of Amador, and all improvements, including the valuable Keystone Mine, because of technical deficiencies in the State act which were in large part attributable to the administrators of the act. Open brigandage was frequently practised. In Lake County one firm seized 28,000 acres of Government land, open by the laws of the United States to pre-emption by actual settlers, enclosed it by a board fence, and held it by armed force until the compliant State courts upheld Its title. In less than a decade most of the Government land had been given away, including all of the swamp lands, some of which are today the most valuable farming properties in the State. In the course of a few years, it became apparent that ownership of this vast domain had become concentrated in the hands of a few large speculators. In the whole sickening story of land fraud in the United States there is no more sordid chapter than the methods by which, in less than a decade, California and its settlers were robbed of millions of acres of valuable land, land intended for individual settlement, for homes and farms. By 1871 George could write that "the land of California is already to a great extent monopolized by a few individuals, who hold thousands and hundreds of thousands of acres apiece. Across many of these vast estates a strong horse cannot gallop in a day, and one may travel for miles and miles over fertile ground where no plough has ever struck, but which is all owned," and "on which no settler can come to make himself a home, unless he pays such tribute as the lord of the domain chooses to exact.


5. Who Got the Land?


Who were the beneficiaries of this largess? In 1871, 516 men in California owned 8,685,439 acres of land; in Fresno County, 48 owners had more than 79,000 acres each. Sixeen men in California each controlled 84 square miles of land. By taking the Government grant away from his own railroad company and then transferring the road itself to another concern, minus the grant, McLaughlin of the Western Pacific Railway managed to grab about 400,000 acres for himself. William ?. Chapman, the celebrated "scrip land speculator," acquired some 350,000 acres by buying Half Breed scrip, issued by the Government in exchange for Indian lands, which gave the holder the right to select lands elsewhere in the Government domain; some of this scrip was purchased by Chapman, and others, on the basis of $.50 and $1.25 an acre. In 1871 it was revealed that ex-State Surveyor General Houghton had emerged from office with 350,000 acres of land. Ex-United States Surveyor General Beale had about 300,000 acres, a large part of it being the famous Tejon Ranch now owned by Mr. Harry Chandler, publisher of the Los Angeles Times. Miller and Lux, of whom more later, owned 450,000 acres in 1871. Other individual listings in the 1871 report of the Board of Equalization are: Bixby, Flint & Co., 200,000 acres; George ?. Robert & Co., 120,000 acres; Isaac Friedlander, 100,000 acres; Throckmorton, 146,000 acres; the Murphy family, in Santa Clara, 150,000 acres; John Foster of Los Angeles, 120,000 acres; Thomas Fowler, 200,000 acres in Fresno, Tulare, and Kern Counties; Abel Stearns, of Los Angeles, 200,000 acres. "Our land system," said Governor Haight,' "seems to be mainly framed to facilitate the acquisition of large blocks of land by capitalists or corporations either as donations or at nominal prices." Nor does the brief listing of holdings which I have given include the enormous railroad grants. The fact that a few individuals swindled the State out of most of its best land for nominal prices would, of Itself be interesting but not particularly significant, if these holdings had ever been broken up and sold. But such has not been the case. The huge holdings, acquired in the manner I have indicated, are in most cases, still intact. In 1919, W.J. Ghent, in the survey mentioned above, found that in Southern California most of the large holdings were still concentrated in a few hands. Paul Taylor, writing in 1935, states that, "Of all farms in the United States whose product is valued at $30,000 or above, nearly 37 per cent are found in our own State. California has within its borders 30 per cent of the large-scale cotton farms of the country, 41 percent of the large-scale dairy farms, 44 per cent of the large-scale general farms, 53 percent of the large-scale poultry farms, and 60 per cent of the large-scale fruit farms of the United States."

The ownership patterns established by force and fraud in the decade from 1860 to 1870 have become fixed; the social structure of the State is, in large part, based on these patterns. California more than once has been referred to as a colonial empire, and, by and large, the description is accurate. The irrational character of California agriculture -- its topheaviness and lack of balance; its social irresponsibility (of which more later) - may be traced to the fact that the lands of the State were monopolized before they were settled, that a few individuals and concerns got possession of the agricultural resources of the State at the very moment when the State was thrown open for settlement and that the types of ownership thus established have persisted. The ownership itself has changed, but the fact of ownership remains. The character of farm ownership, established at the outset, is at the root of the problem of farm labor in California and has long been recognized, guardedly, as the key issue involved. "In California," wrote Walter V. Woehlke, in Sunset Magazine, October, 1920, "the safety valve of free land or cheap land became useless long before it quit functioning in the other Far Western states. Wheat and cattle barons controlled the bulk of the fertile land in large tracts having acquired their principalities through purchase of the old Spanish grants or through evasion of the laws protecting the public domain." The land barons refused to sell, in many cases, and thus there was developed "a class of landless tenants and drifting homeless farm laborers before the last of the Dakota and Nebraska homestead land had been pre-empted." The process of land monopolization in California, wrote one observer, was achieved with "peculiar directness," not by evolution or change in the forms of ownership, but at the outset, by acquisition.

What were the immediate consequences of the process of land monopolization in California? Certain social consequences have at all times been apparent. In the first place, there is the ugly fact of expropriation. Literally thousands of settlers were robbed of their lands by trickery of one kind or another; and the improvements which they had made were appropriated, and they themselves were forced out of ownership, either to become tenants or to move on. The hardship and havoc worked in this manner is reflected in the bitter landlaw reform agitation of the seventies. If 600 men," wrote an editorial writer in the Sacramento Union, "out of 600,000 own half the land in this State, refusing to partition it out and sell it at reasonable rates, and conspiring from year to year to prevent its being taxed so as to yield its share of the burdens of government, nothing is clearer to our minds than that the 599,400 of landless citizens and small and overtaxed farmers have the right to lay such taxes upon the estates of the land monopolists as will compel them either to support the Government or to divide up and sell their vase estates." Provisions along this line were actually written into the "radical" constitution of 1879, but were soon nullified. Nor were the great estates ever taxed: forty ranchos in San Diego, including over 600 000 acres of land, were taxed for years at seventy-five cents an acre. The whole problem can be summarized in one statement: In 1870, 1/500 of the population of California owned one half or more of the available agricultural lands of the State. Although the squatters and settlers protested and even rioted, they accomplished little.3 "There is no state in the Union," wrote George, "in which settlers in good faith have been so persecuted, so robbed, as in California Men have grown rich, and men still make a regular business of blackmailing settlers upon public land, or on appropriating their homes, and this by power of the law and in the name of justice." It was not by chance that Henry George and his single-tax theory made their appearance in California. George knew something of land monopolization, and its social consequences, from firsthand observation.

Another consequence should be noted. The growth of the State, its prosperous settlement, was seriously retarded by monopolization. After i860, and for years, residents complained of a "general stagnation" which had set in, robbing the great decade, 1850-1860, of its exceptional promise. Had there been any measure of democracy in land settlement, the brisk movement of '49 would have continued through the century. But a kind of dry rot set in after 1860. "The whole country is poverty-stricken," wrote one observer; "the farmers are shiftless, and crazy on Wheat. I have seen farms cropped for eighteen years, and not a vine, tree, shrub or flower on the place. The roads are too wide, and are unworked, and a nest for noxious weeds. The effect of going through California is to make you want to leave it, if you are poor and want to farm. 'Californians," wrote Charles Howard Shinn, "were once the most magnificently liberal race of men on earth; now they are determined to become the most miserly." A blight had fallen on the State, the blight of monopolization.

Moreover, the wasteful character of California agriculture, a character which it still retains, was fixed by reason of the pattern of landownership. "California," wrote George in 1871, "is not a country of farms, but a country o plantations and estates. Agriculture is a speculation."

"California," wrote William Godwin Moody in 1880, "is noted for its great farms of tens of thousands of acres, and the great extent of Its acres cultivated by tenantry." In 1871 George called attention to the typical California tenant- overworking the land, hiring cheap labor, neglecting the property, living in a hovel; and also to the California farmers, the lords of California, lords as truly as ever were ribboned Dukes or belted Barons," who resided in San Francisco hotels and drove "spanking teams over the Cliff House road," and who spent most of their time in Europe. Nor has the pattern changed to any considerable extent. If anyone thinks the problem of migratory farm labor in California is a new problem, let him consult Henry George! Migratory labor, it has been said, is a result of the character of California agriculture, but the character of California agriculture is, in turn, a consequence of the type of land! ownership in California.

But listen to George (he is speaking of the farm laborers of California of 1871, the progenitors of the hordes of migratory workers today): "And over our ill-kept, shadeless dusty roads, where a house is an unwonted landmark, and which run frequently for miles through the same man's land, plod the tramps, with blankets on back, the labourers of the California farmer, looking for work, in its seasons, or toiling back to the city where the ploughing is ended or the wheat crop is gathered. No one knows who these tramps were; they became a fixture of the California landscape and were accepted and taken for granted. Were they squatters or the sons of squatters? They came back year after year, these "blanket" or "bindle" stiffs, to work in the fields, and, after the season was over, they obligingly disappeared -- into the flophouses of San Francisco - to come back next season like so many ragged crows.

I could write a volume on the complacent acceptance of this army of workers - it has always been of army proportions - by the Californians. A theory was evolved at an early date to rationalize the existence of these countless tramps: They were "tramps," shiftless fellows who actually preferred "the open road" and the jolly camaraderie of the tramp jungle to a settled and decent life; chaps who adored lice and filth and vermin, and long marches (in pre-hitchhiking days) through scorchingly hot valleys, and the drizzle and cold of early fall rains. There was nothing you could do with these insouciant and light-hearted boys: you couldn't even pay them a decent wage for they would "drink it up right away." As for providing them with shelter or a bed - why, they loved the open air and would rather die than take a bath. The attitude I describe is not obsolescent: Responsible farm groups in California, at meetings which I have attended, have protested the installation of private privies and showers in labor camps on the ground that they are a needless luxury for the farm laborer.

Nor was Henry George the only observer to note the phenomenon of the California tramp. I quote from Stephen Powers' travel book, Afoot and Alone (1872): "One of the notable phenomena of California is the multitude of its tramps, the so-called blanket men. I seldom met less than a dozen or fifteen a day." Later he writes: "I did not see ten honest, hard-fisted farmers in my whole journey. There are plenty of city-haunting old bachelors and libertines, who own great ranches and lease them; and there are enough crammers of wheat, crammers of beans, crammers of mulberries, crammers of anything that will make their fortune in a year or two, and permit them to go and live and die in 'Frisco. Then, for laborers, there are runaway sailors, reformed street thieves, bankrupt German scene-painters, who carry sixty pounds of blankets, old soldiers who drink their employers' whiskey and fall into the ditch which they dug for a fence row; all looking for jobs." Powers, moreover, took a look into the future: "It is not unlikely," he wrote, "that within two centuries California will have a division of population something like that of ancient Greece, to-wit: merchants, artisans, and many great lords of the soil, in the cities; and in the country a kind of peasantry of goatherds, shepherds, tough, little black- haired, lazy farmers, and the like, to whom the cities will be unwelcome resorts." The details of the description are inaccurate, but the fact of the division - "great lords of the soil" on the one hand and "a kind of peasantry" on the other - is sound, and it has been achieved, not in two centuries, but within the last fifty years.


FOOTNOTES


  1. See Fraudulent California Land Grants, 1926, by Clinton Johnson;, Report of the Commissioners of the General Land Office, 1885.
  2. See, also, a forgotten novel of California life by Josiah Royce: The Feud of Oakville Creek.
  3. For a rather romantic version of the squatter riots, see a novel by Charles Duff Stuart, Casa Grande, 1906