Sep 30, 1900 – Clarks sue Bixbys over right of way for drainage of factory waste

Susan Hathaway Bixby loved her Rancho Los Alamitos adobe, but positively hated the stench caused by the effluent from the new sugar factory.

What this article would most significantly seem to indicate that Lewellyn Bixby was the main Bixby contact for the sugar factory, when it says, “In June 1896, J.Ross and W.A. Clark entered into an agreement with the late Lewellyn Bixby, owner of the rancho…”

30 SEP 1900 (LA Times, p. ) Clarks sue Bixby land for $1 Million dollars over right to use Coyote Creek water. Susan Hathaway Bixby won’t allow Clarks to let waste run down creek through her property. Clarks says this totally devalues their investment in building the sugar factory. Article mentions that Bxbys had for some time been trying to interest investors to build a sugar factory.

SF Call article says Clarks deal was originally with Lewellyn Bixby, but also says suit is againt Jonathan Bixby and Thomas Flint. “In June 1896, J.Ross and W.A. Clark entered into an agreement with the late Lewellyn Bixby, owner of the rancho, … one of the conditions being there should be a right of way over the lands lying between the factory and the ocean, a distance about four miles, for the drainage of the tract. ”

The U.S. Census puts OC population at 19,696 with 60 percent of residents living on farms. There are only three automobiles in the county. The population of Long Beach was just around 2,000. The population of the unincorporated Los Alamitos township is 253.

NOV 1900 – Beet Sugar Digest Monthly Journal, Vol. II, No. 9, Chicago Illinois. p26

The Los Alamitos Sugar Company has begun suit for $1,000,000 damages against Jonathan Bixby and Thomas Flint. It is an action to compel the defendants to procure a right of way for the drainage from the Alamitos sugar factory, as per alleged agreement, over the lands now owned by Mrs. J. W. Bixby, Fred H. and Susan Bixby, to the Pacific Ocean, or, in case of failure to do so, to pay $1,000,000 damages. In June. 1896, W. A. and J. Ross Clark entered into an agreement with the late Llewelyn Bixby, owner of the Alamitos ranch situated in the southern part of Los Angeles and the northern part of Orange counties, one of the conditions of which was that there should be a right of way over the lands lying between the factory and the ocean, a distance of about four miles, for the drainage of the tract. The Messrs. Clark transferred their agreement to the Alamitos Sugar Company and the factory was built and has been in operation for the past three seasons. In the meantime Llewelyn Bixby died and the right of way has not been procured. On the contrary, suit has been brought against the sugar company for heavy damages, alleged to have been caused by the ditch over the land in question. As it is practically impossible to conduct the factory without means of disposing of the drainage, suit was instituted to compel the fulfillment of the contract or the payment of the value of the improvements made by the company.

APR 1901 – Susanna Hathaway Bixby sues the Clarks over factory waste that flows down Coyote Creek into San Gabriel River and past their Bixby Hill Rancho site.

20 APR 1901 – invoice to court reporter for transcribing testimony of J. Ross Clark in sugar factory suit. They paid $1.90. (Bixby Family Papers, Box. 1, CSULB).

Long Beach Press, 30 APR 1901 — Page 2, Column 2
Up to the judge; the jury decide both ways in the Bixby-Clark case; Bixby’s want $10,000 damages from the Clark’s for dumping factory’s refuse in the creek.

Despite the apparent acrimony, J.Ross was not one to let lawsuits get in the way of business, and he sat down to arrange the beet crop with Fred Bixby.

19 OCT 1901 — Letter, J. Ross Clark to Fred Bixby.(Bixby Family Collection, Box 1, CSULB)

Dear Sir,
Referring to our conversation a few days since, in reference to growing beets for next year, beg to advise you now that we would like to make a contract with you for 1,250 acres for 1902, details of contract to be arrange between us. Please let me hear from you in reference to this matter. Yours respectfully,
Los Alamitos Sugar Factory by J.Ross Clark, Gen. Mgr.

J. Ross and Fred apparently saw eye to eye and J. Ross oon made the following offer to the Bixby family.

26 OCT 1901 — Letter, J. Ross Clark to Fred Bixby. (Bixby Family Collection, Box 1, CSULB)
… if your mother and sister will grant us a right of way across your land to the Bixby Land Company’s land on the east side of Coyote Creek, we will discuss a ditch on a grade sufficient to carry away all the waste water from the factory to the bay, or at some point where it will not interfere with anyone.

FEB 1902 Draft agreement between Susan P.H. Bixby, Fred H. Bixby, Susannah P. Bixby and Los Alamitos Sugar Factory

said refuse matter used in said factory and run into Coyote Creek and down upon the lands of the aid parties… was a nuisance, that the waters of Los Coyotes Creek and the San Gabriel River below the junction was rendered unfit for any use and… refuse matter and water caused a great stench and the air was so permeated with its odors that the dwelling house of the said parties was rendered uninhabitable.
Bixby Land Company will construct a sewage ditch…
Fred H. Bixby will receive terms as favorable as any from the factory

Leave a Comment