Saturday, July 31, 2021

OVER A MATTER OF TWO BITS

Image from the Santa Cruz County Historic Photograph Collection, University of California, Santa Cruz

Not all was beauty and contentment at the Big Trees. With the establishment of Cowell’s Big Trees resort in 1902 came increased competition for the tourist dollar. Numerous disputes arose between Cowell’s Big Trees manager Milo Hopkins and the Welch brothers who owned the neighboring Big Trees Grove. But in the Spring of 1919, Hopkins had a new adversary. F.A. Fritz purchased property adjacent to Hopkins establishment along the west bank of the San Lorenzo River. The land he bought was once part of the estate of Mrs. George E. Hihn. Most significantly, Fritz’s property included the western anchor of the swinging bridge which served as the entrance to Cowell’s Big Trees. 

 

Controversy arose when word got around that Fritz "… exercised his private right to the extent of charging persons desiring to reach the swinging bridge 25 cents per head." Unlike his neighbor, the Welch family, Hopkins did not charge an admission fee to his portion of the Big Trees. Hopkins was upset at the prospect of his new neighbor charging a fee to cross the swinging bridge. 

 

In response to the allegations, Fritz said "… that the published reports to the effect that he was charging 25 cents per head to persons crossing his property to the swinging bridge were incorrect and founded on misinformation." Fritz said his property was an automobile parking place and camp ground and "I charge 25 cents for parking each machine there and do not charge the individuals at all. A car with two persons or an auto truck with twenty persons in it would each be charged 25 cents. I do not in any way interfere with the use of the swinging bridge by any person who cares to use it ..." Hopkins countered by claiming he had "… evidence of several individuals to the effect that Mr. Fritz attempted personally to charge each of them 25 cents for crossing his property …" 

 

Soon work crews were seen removing earth along the western bank of the river to change the alignment of the road to Cowell’s Big Trees, thus avoiding the Fritz property. Newspaper accounts reported that it was Hopkins who moved the terminal of the swinging bridge so that sightseers could approach it without crossing his neighbor's land. Then Fritz quickly had an injunction filed against Hopkins in which he asked for $1,000 in damages, alleging that Hopkins had hired six men and two teams to plow up and remove earth from his premises on December 28th through the 30th. Hopkins denied the charge.

 

It turned out that Fritz acted with haste before all the facts were fully known. Superior Judge Knight ruled that the road from the Toll House to the western bank of the river was not included in Fritz’s property, but instead was land belonging to Santa Cruz County. It was found that "… a reservation in the deed carefully inserted by Mrs. Hihn, reserves the 40 foot strip across Fritz’s land comprising the present road, with the later privilege of some time dedicating the same to the public for use as a highway."

 

The county had surveyed the property the week before the work started and that "… Hopkins’ presence on those days was by his own voluntary act in assisting the work." Though no damages were paid to Fritz, the whole affair did have one tangible result … a slight change in the approach and the location of the swinging bridge.  

 

Sources: Santa Cruz Evening News, December 31, 1919, 4:3; “Asks 25 Cents for Crossing His Property,” Santa Cruz Evening News, December 24, 1919, 1:5; “Fritz Operates Auto Park Ground; Charges Each Car,” Santa Cruz Evening News, December 29, 1919, 8:4; “Hopkins Says County Owns Earth Removed,“ Santa Cruz Evening News, January 2, 1920 3:3; “Court Overrules Hopkins’ Demurrer,“ Santa Cruz Evening News, February 16, 1920, 1:5; “Witnesses Called in Fritz Suit,” Santa Cruz Evening News, March 8, 1920, 8:3; “Fritz Loses Suit Against Hopkins; County Took Earth,” Santa Cruz Evening News, March 11, 1920, 4:2.