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from the homes, but the
Settler's League would just put the furniture back after the agents' departure. Finally, it escalated to the point at which the agents would then disassemble the houses, but again, volunteers would just put them back together. The settlers were not above their own brand of justice, either. The League harassed and threatened railroad agents and their sympathizers as well as those who had purchased land from the SP, and in one case one farmer who had aligned with the SP had his house burned down. Those supporting the railroads tended to be wealthier than the others, deriding the Settler's League as "a set of demagogues" who were "very anxious to get something for nothing." By late 1879, the SP found that sales of its parcels had been severely reduced, despite having lowered the asking prices.
324:
towns, and land speculators. Doyle started a new business to help squatters challenge the SP for titles to the land, but because the SP's rights were never revoked, all of the settlers' claims were denied. Doyle and other leaders appealed to
Congress and the California State Legislature, but were still rebuffed. The SP did not take any legal action against the squatters at this time, hoping to convert them into customers. It encouraged them to file applications so that they would be given the first option to purchase when sales began, but squatter leaders argued that doing so would affirm the company's rights, which they still believed to be invalid. Some submitted the applications, but most did not.
554:
445:"), and an argument broke out between them. Hartt opened fire at Harris, who returned fire and fatally wounded Hartt. Crow, a skilled marksman who was armed with a shotgun, jumped down from his wagon and opened fire, killing Harris and four other members of the settler's party. After the initial exchange of gunfire ended, Crow fled the scene, but was shot in the back about 1.5 mi (2.4 km) away by an unknown assailant before he could reach safety. Poole and Clark did not participate in the battle and left immediately after the incident, possibly defusing tensions enough to avoid further bloodshed.
441:(which is near Hanford), the marshal's group having just been at Braden's house. Later testimony from uninvolved parties indicated that the party of settlers were lightly armed and had every intention of persuading the railroad party to delay their actions until a pending court case could be resolved. However, there was bad blood between Walter J. Crow and one of the settler's party, James Harris, and Mills Hartt had previously threatened to kill any "sandlappers" (a derisive term for homesteaders, equivalent to the modern day "
77:
533:
fined $ 300 each. Their time spent in imprisonment was hardly difficult. Three of the men's wives were allowed to live with them, and Susan Curtis, daughter of one of the jailers, fell in love with and later married Braden. Upon their release in
September 1881, they were greeted by a joyous crowd of 3,000 in Hanford. Such was the anti-railroad sentiment that the five were looked upon as heroes by many across California, and those killed were considered
642:, Roosevelt stated he was "inclined to think that conditions were worse in California than elsewhere." These mythic narratives about Mussel Slough helped bolster public anti-railroad sentiments, and encouraged continued rebellion among homesteaders, squatters and poachers against railroad land agents, who "came to accept squatters as an ordinary, if disagreeable, part of the land business".
370:(1874), ruling that the SP's change of route did not invalidate its charter. Thus, the SP was justified to reclaim the land without compensation unless the settlers were willing to pay their asking price, now up to $ 35/acre. Still, the Settler's League, which was formed in 1878 in opposition to the SP's Mussel Slough actions, even attempted to appeal directly to President
434:
two local men were Deputy U.S. Marshals, which was not in fact the case). However, the rumors were only partially true; in addition to serving eviction notices, the group was also purchasing land (and any improvements) from settlers who had refused to pay SP's asking price. This act was seen as a betrayal of
Stanford's visit a mere two months earlier.
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in building their houses and farms, attempted to acquire their land, the asking price was significantly greater than that ($ 8â$ 20/acre), which the SP attributed to rising property values because of the laying of the railroad, although many settlers believed it was due to their own improvements such as
433:
Alonso Poole, SP land appraiser
William Clark, and two locals, Walter J. Crow and Mills Hartt - were actively evicting settlers on railroad lands, and a group of about twenty people, led by settlers James N. Patterson and William Braden, left to confront them (the historical marker indicates that the
416:
Although the settlers received the benefit of a section of public opinion, politically and legally every decision was going the way of the railroad. In March 1880, Stanford himself attempted a reconciliation by appearing in
Hanford and meeting with the Settler's League in an attempt to find some sort
340:
and upwards", leading many people to mistakenly believe that $ 2.50/acre was a set price. Furthermore, other brochures indicated that any improvements the settlers made to the land would not be counted when the prices were fixed.However, when the settlers, who had spent a great deal of money and time
307:
to reject the SP's route change, stating that it violated the company's original charter. However, despite his stated intentions to do so, Browning did not actually have the authority to revoke the SP's rights to the land (only
Congress could do that). Meanwhile, settlers had already begun submitting
412:
Given the legal system's affirmation of its position, the SP began to forcibly remove some of the settlers. Their agents would attempt to serve eviction notices, but often would not find anyone at home, as homeowners knew they were coming. In these cases, the agents then tried removing the furniture
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from the north and the
Southern Pacific was to construct the southern portion (although not generally known by the public at the time, the two railroad systems were owned and operated by the same people although they were technically separate corporations). The SP's brochures had stated the price of
323:
Regardless, the squatting continued up through the early 1880s. The types of squatters varied wildly. There were Civil War refugees from the
American South, owners of even-numbered lots who either sold their legitimate claims or were attempting to expand their holdings, merchants who lived in nearby
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of one square mile (2.6 km; 640 acres) each. The SP then decided to reroute. It received the odd-numbered sections of land, totaling about 25,000 acres (101 km) worth. The even-numbered sections were given to homesteaders by the government and were not subject to the events which followed.
540:
Nevertheless, the affair brought such a shock that people were sobered. The legal battle had been lost, the railroad had won, and there was not enough public support for changing the policy of granting public lands to railroads. The only concession SP made was to reduce the land price slightly. In
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Six victims of the shooting were carried to the porch of the Brewer house, which was shaded by a tall oak tree. The tree became famously known as the
Tragedy Oak. It blew down in a storm in the early 1990s. A piece of the tree was saved as a memorial and is on display at nearby Pioneer Elementary
532:
and five were found guilty of willfully interfering with a marshal in performance of his duties (Braden, Patterson, Pryor, Purcell, and John J. Doyle, a leader in the Settler's League). They were convicted in federal court (with Judge Sawyer presiding) and sentenced to eight months in prison and
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The Mussel Slough affair was seized upon by newspaper editors as well as a number of popular writers soon after the tragic shootout, as an example of corporate greed and the abuses of freewheeling market capitalism around the start of the 20th century. Muckraking novels such as
386:
Through sheer energy and perseverance by the investment of our means ... and relying firmly upon the rights we had acquired as American citizens, and upon the pledges of the Southern Pacific Railroad Company , we converted a desert into one of the garden spots of the
923:. Sawyer was criticised at the time for bias, as he owned shares in the SP, but the reasoning was upheld as sound on appeal. This was one in a series of court rulings that defined the legal nature of business, culminating in the landmark 1886 case
193:
The exact history of the incident has been the source of some disagreement, largely because popular anti-railroad sentiment in the 1880s interpreted the incident as a clear example of corrupt and cold-blooded corporate greed.
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in their portrayals of the Mussel Slough ranchers, but nevertheless give a fairly one-sided, anti-railroad view of the Mussel Slough affair. Richard Orsi's suggests in his history of the Southern Pacific,
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that the Mussel Slough shootout did not fit the mold of the gunfight/hero myth, which usually ignores such factors as ideology, and social and economic conflict, thus not implanting it in the lore of the
349:
that would have fixed the price at $ 2.50/acre failed to pass. The Southern Pacific then filed and won a lawsuit in 1878 against the settlers, amidst allegations of court bias (former California Governor
1549:. Staged play reading for 140th anniversary of the event in Hanford, CA. (was postponed due to pandemic). Staged play reading for 142nd Anniversary May 7, 2022 at the Kings County Historical Society, CA.
61:
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that some common misconceptions about the Mussel Slough affair have been perpetuated through the mythic retellings of Morrow, Post, Royce, and Norris, among others.
545:, one of the SP's leaders) simply stayed where they were and purchased the land. Squatting continued for years, though, despite the SP's best attempts to squash it.
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638:, who as president focused considerable time and energy in redressing the wrongs and abuses of corporate monopolies throughout the U.S. After reading Norris'
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considerably. Furthermore, the SP's standard practice was to allow settlers to move in on its land as long as they agreed to purchase it when the time came.
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21:
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The SP was convinced of its legal ownership of the land and felt it should have the freedom to set whatever prices it deemed fit for its property. The
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Despite the nationwide attention the incident received, the Mussel Slough Tragedy is not remembered much today as well as later gunfights such as the
1430:
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journalists and anti-railroad activists glorified the settlers and used the events as evidence and justification for their anti-corporate crusades.
403:, 32 F. 457 (C.C.D. Cal. 1879), that the federal government controlled the railroad land grants, and more importantly, the state could not control
345:, housing, fences, and barns. Some paid for their land, but most did not. Settlers protested against the railroads, but to no avail. A bill in the
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in anticipation that the SP's title would be invalidated. Primary among this latter group was John J. Doyle, who advertised this and caused a
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On May 11, 1880, a picnic was being held in Hanford which was to feature a speech by pro-settler former California Supreme Court Justice
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595:(1884) exaggerate the fault of the railroad for the events as they unfolded in San Joaquin and romanticize the ranchers according to a
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The significance of the Mussel Slough myth in the history of California and the Southern Pacific Railroad is evident from a quote by
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applications for the railroad lands starting in 1869, in anticipation of the completion of the line. Others without claims began
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of compromise, but this fell through as the settlers had demanded a 50% reduction in prices, which the SP refused to do.
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271:. This area had remained unsettled as it was a broad, dry plain suitable only for cattle ranching, but could be easily
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Given the SP's history of encouraging settlement and development along its lines, land prices were expected to
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524:, having apparently been weakened by wounds received in the shootout. Afterwards, seventeen people were
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from the slough. The Southern Pacific Railroad (SP) had originally planned to build its route between
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375:
320:" in 1868, the new owners were able by 1870 to have their altered route and land rights reconfirmed.
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The region known in the late 19th century as the Mussel Slough country was mostly in what was then
1431:"The President in San Francisco: How He Spent Sunday â An Address From the Mussel Slough Settlers"
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429:(who was actually unable to appear), when word reached the picnickers that four "railroad men" -
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Besides the 1874 Supreme Court ruling, a critical moment came on December 15, 1879, when Judge
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182:(SP) that took place on May 11, 1880, on a farm located 5.6 miles (9 km) northwest of
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the end, most people (including Doyle, who later reconciled and became good friends with
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91:
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Sunset Limited: The Southern Pacific and the Development of the American West, 1850â1930
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The parties met at the homestead of Henry D. Brewer three miles (4.8 km) north of
332:
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came anywhere close to killing as many men in a single episode as did Walter J. Crow."
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Edwin Haymaker (died of pneumonia soon after and was considered a victim of the fight)
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after the latter was formed in 1893). The Mussel Slough country took its name from a
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One of the survivors of the gunfight, settler Edwin Haymaker, died soon after of
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563:, July 8, 1881, depicting a comet with a skull about to strike railroad tycoons
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No Duty to Retreat: Violence and Values in American History and Society
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1052:, p. 110: "None of the glorified gunfighters of the West such as
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attempted to lionize Crow, calling him "this bravest of Americans."
379:
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929:, in which corporations were declared to be persons under the law.
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companies to build a line through the area, and created numbered
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in the Hanford area. After the railroad was purchased by the "
231:#245. A historical marker on the east side of 14th Avenue, 350
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Accidents and incidents involving Southern Pacific Railroad
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Later novels depicting the affair, such as the philosopher
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997:
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557:"The Retribution Comet" â Editorial cartoon published in
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Gunfight at Mussel Slough: Evolution of the Western Myth
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571:, shown robbing the graves of the Mussel Slough victims
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The Feud of Oakfield Creek: A Novel of California Life
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and Southern California along the coast, but in 1866
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The Mussel Slough Chronicles â A California Tragedy
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224:includes a fictionalized account of the conflict.
1455:. Kings County Office of Education. Archived from
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239:m) north of Elder Avenue, memorializes the site.
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926:Santa Clara County v. Southern Pacific Railroad
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896:
1453:"The Railroads and the Mussel Slough Trouble"
227:The site of the episode is now registered as
1321:. Public Information Network. Archived from
1304:. California Office of Historic Preservation
677:History of rail transportation in California
1256:
1081:
818:
731:
448:
1511:Driven from Sea to Sea; Or, Just a Campin'
1319:"Chronology of Incorporation and Monopoly"
590:Driven from Sea to Sea; or, Just A' Campin
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81:Mussel Slough Tragedy Historical Landmark
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251:, with a small portion in what was then
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537:who had given their lives for a cause.
478:James N. Patterson, leader of the group
1590:Riots and civil disorder in California
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1479:
462:William H. Clark, railroad land grader
255:(later the entire area became part of
208:was inspired by this incident, as was
16:1880 gun battle in Hanford, California
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1411:"Mussel Slough Participants/Figures"
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1615:1880 disasters in the United States
1580:History of Kings County, California
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920:
90:5.6 miles (9 km) northwest of
13:
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1371:. University of California Press.
649:. Richard Maxwell Brown argues in
472:
453:
205:The Octopus: A Story of California
14:
1636:
1595:Rail transportation in California
1409:Roberts, Robin Michael (2005a).
1388:"Six: The Mussel Slough Tragedy"
465:Walter J. Crow, settler (killed)
1575:California Historical Landmarks
1386:Roberts, Robin Michael (2005).
1302:California Historical Landmarks
1276:Brown, Richard Maxwell (1991).
1043:
914:
705:Office of Historic Preservation
1625:Squatting in the United States
661:
397:Ninth Circuit Court of Appeals
336:the land would be "$ 2.50 per
303:led Secretary of the Interior
229:California Historical Landmark
190:, leaving seven people dead.
134:California Historical Landmark
1:
682:
468:Mills Hartt, settler (killed)
459:Alonzo W. Poole, U.S. Marshal
361:finally settled the issue in
242:
1545:Gonzalez S., Silvia (2020).
1508:Post, Charles Cyrel (1884).
1338:Gomes, Ruth (May 12, 1980).
687:
515:
7:
1282:. Oxford University Press.
670:
647:gunfight at the O.K. Corral
502:Archibald McGregor (killed)
354:was also president of SP).
10:
1641:
1340:"Tragedy at Mussel Slough"
1236:Beers, Terry, ed. (2004).
1228:
612:The Feud of Oakfield Creek
493:John E. Henderson (killed)
378:in 1880, presenting him a
1363:Orsi, Richard J. (2005).
1259:The Mussel Slough Tragedy
622:(1901) are slightly less
249:Tulare County, California
180:Southern Pacific Railroad
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569:Collis Potter Huntington
543:Collis Potter Huntington
449:List of involved persons
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329:Central Pacific Railroad
305:Orville Hickman Browning
170:was a dispute over land
364:Schulenberg v. Harriman
57:Infobox civilian attack
50:
1605:1880 in rail transport
1527:Royce, Josiah (1887).
1480:Norris, Frank (2008).
1394:. Arcadia Publishing.
1257:Brown, J. L. (2001) .
572:
549:The Mussel Slough myth
409:acts of corporations.
389:
347:United States Congress
101:May 11, 1880
62:considered for merging
37:36.38917°N 119.70861°W
1486:. Plain Label Books.
1261:. Kings River Press.
897:New York Times (1880)
556:
499:Iver Knutson (killed)
496:Daniel Kelly (killed)
487:James Harris (killed)
384:
168:Mussel Slough Tragedy
70:Mussel Slough Tragedy
1600:Events in California
1439:. September 13, 1880
1344:The Hanford Sentinel
614:(1887) and novelist
374:during his visit to
263:which went from the
42:36.38917; -119.70861
1533:. Houghton, Mifflin
1417:on February 7, 2008
1325:on January 29, 2008
1210:, pp. 110â111.
989:, pp. 100â101.
667:School in Hanford.
372:Rutherford B. Hayes
184:Hanford, California
92:Hanford, California
33: /
1610:1880 in California
1565:San Joaquin Valley
1436:The New York Times
1350:on October 5, 1999
1082:J. L. Brown (2001)
1066:John Wesley Hardin
977:, p. 102â104.
819:J. L. Brown (2001)
732:J. L. Brown (2001)
651:No Duty to Retreat
636:Theodore Roosevelt
586:Charles Cyril Post
573:
359:U.S. Supreme Court
331:completed work to
218:May Merrill Miller
188:San Joaquin Valley
149:Reference no.
124:Dispute over land
1493:978-1-60303-532-3
1459:on March 25, 2008
1317:Draffan, George.
1186:, pp. 92â93.
911:, pp. 97â98.
887:, pp. 96â97.
809:, pp. 96â98.
797:, pp. 95â96.
746:, pp. 94â95.
656:American Old West
299:Lobbying by land
186:, in the central
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1413:. Archived from
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1346:. Archived from
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1242:. Heyday Books.
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1054:Wild Bill Hickok
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1620:May 1880 events
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1474:Further reading
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1208:R. Brown (1991)
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1172:R. Brown (1991)
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1121:R. Brown (1991)
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1109:Roberts (2005a)
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1078:R. Brown (1991)
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1050:R. Brown (1991)
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1038:R. Brown (1991)
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1026:R. Brown (1991)
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1002:R. Brown (1991)
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975:R. Brown (1991)
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963:R. Brown (1991)
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909:R. Brown (1991)
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885:R. Brown (1991)
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768:R. Brown (1991)
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756:R. Brown (1991)
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591:
565:Leland Stanford
551:
518:
511:John D. Pursell
508:Wayman L. Pryor
475:
473:Settlers' group
456:
454:Marshal's group
451:
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352:Leland Stanford
283:authorized the
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222:First the Blade
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1298:"Kings County"
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1220:Roberts (2005)
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1174:, p. 110.
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1162:, p. 104.
1149:
1147:, p. 103.
1137:
1125:
1123:, p. 114.
1113:
1098:
1086:
1080:, p. 80;
1070:
1042:
1040:, p. 103.
1030:
1028:, p. 107.
1018:
1016:, p. 101.
1006:
1004:, p. 106.
991:
979:
967:
965:, p. 101.
955:
953:, p. 100.
943:
931:
913:
901:
889:
877:
850:
835:
831:Roberts (2005)
823:
811:
799:
787:
772:
760:
748:
736:
724:
709:
691:
689:
686:
684:
681:
680:
679:
672:
669:
663:
660:
629:Sunset Limited
601:Ambrose Bierce
550:
547:
517:
514:
513:
512:
509:
506:
503:
500:
497:
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491:
488:
485:
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481:William Braden
479:
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469:
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463:
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455:
452:
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447:
427:David S. Terry
422:
419:
393:Lorenzo Sawyer
244:
241:
212:'s 1882 novel
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15:
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2:
1637:
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1514:. J.E. Downey
1513:
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1401:0-7385-2948-6
1397:
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1380:
1378:0-520-20019-5
1374:
1369:
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1361:
1349:
1345:
1341:
1336:
1324:
1320:
1315:
1308:September 12,
1303:
1299:
1295:
1291:
1289:0-19-504510-6
1285:
1281:
1280:
1274:
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1260:
1255:
1251:
1249:1-890771-82-1
1245:
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1234:
1233:
1222:, p. 90.
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1197:
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1103:
1095:
1090:
1084:, p. 73.
1083:
1079:
1074:
1067:
1063:
1062:Billy the Kid
1059:
1055:
1051:
1046:
1039:
1034:
1027:
1022:
1015:
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988:
983:
976:
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935:
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886:
881:
874:
869:
867:
865:
863:
861:
859:
857:
855:
847:
842:
840:
833:, p. 79.
832:
827:
821:, p. 26.
820:
815:
808:
803:
796:
791:
785:, p. 98.
784:
779:
777:
770:, p. 96.
769:
764:
758:, p. 95.
757:
752:
745:
740:
734:, p. 65.
733:
728:
721:
716:
714:
706:
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692:
678:
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657:
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637:
632:
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621:
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587:
583:
579:
570:
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562:
561:
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531:
528:by a federal
527:
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376:San Francisco
373:
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344:
339:
334:
330:
327:In 1872, the
325:
321:
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311:
306:
302:
297:
295:
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286:
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270:
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253:Fresno County
250:
240:
230:
225:
223:
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211:
207:
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202:' 1901 novel
201:
197:
191:
189:
185:
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177:
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159:
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89:
85:
78:
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68:
63:
59:
58:
54:
49:
46:
1552:
1546:
1535:. Retrieved
1529:
1516:. Retrieved
1510:
1497:. Retrieved
1482:
1461:. Retrieved
1457:the original
1441:. Retrieved
1434:
1421:December 27,
1419:. Retrieved
1415:the original
1391:
1366:
1352:. Retrieved
1348:the original
1343:
1327:. Retrieved
1323:the original
1306:. Retrieved
1301:
1278:
1258:
1238:
1215:
1203:
1198:, p. 1.
1196:Beers (2004)
1191:
1179:
1167:
1140:
1135:, p. 7.
1133:Kings County
1128:
1116:
1096:, p. 6.
1094:Kings County
1089:
1073:
1045:
1033:
1021:
1009:
982:
970:
958:
946:
941:, p. 4.
939:Kings County
934:
924:
916:
904:
892:
880:
873:Gomes (1980)
848:, p. 3.
846:Beers (2004)
826:
814:
802:
790:
763:
751:
739:
727:
722:, p. 2.
720:Beers (2004)
665:
650:
644:
639:
633:
628:
624:hagiographic
619:
616:Frank Norris
611:
608:Josiah Royce
605:
597:Jeffersonian
589:
581:
578:W. C. Morrow
574:
558:
539:
519:
505:W. L. Morton
436:
431:U.S. Marshal
424:
415:
411:
404:
400:
390:
385:
382:which read,
362:
356:
326:
322:
298:
257:Kings County
246:
226:
221:
213:
210:W. C. Morrow
203:
200:Frank Norris
192:
167:
165:
55:
18:
1483:The Octopus
1443:January 29,
1329:January 29,
1184:Orsi (2005)
1160:Orsi (2005)
1145:Orsi (2005)
1014:Orsi (2005)
987:Orsi (2005)
951:Orsi (2005)
807:Orsi (2005)
795:Orsi (2005)
783:Orsi (2005)
744:Orsi (2005)
662:Tragedy Oak
640:The Octopus
620:The Octopus
584:(1882) and
582:Blood-Money
439:Grangeville
406:ultra vires
368:21 Wall. 44
301:speculators
269:Tulare Lake
265:Kings River
214:Blood-Money
51:âš The
40: /
28:119°42â˛31âłW
1570:1880 riots
1559:Categories
1537:January 7,
1518:January 7,
1499:January 7,
1058:Wyatt Earp
683:References
530:grand jury
484:B. S. Burr
343:irrigation
294:appreciate
243:Background
235:yards (320
196:Muckraking
141:Designated
105:1880-05-11
25:36°23â˛21âłN
1463:April 11,
1354:April 11,
688:Citations
522:pneumonia
516:Aftermath
399:ruled in
310:squatting
273:irrigated
220:'s novel
60:is being
671:See also
560:The Wasp
526:indicted
380:petition
318:Big Four
314:land run
285:railroad
281:Congress
277:San Jose
178:and the
176:settlers
174:between
87:Location
64:. âş
53:template
1392:Hanford
1229:Sources
921:Draffan
535:martyrs
443:redneck
395:of the
103: (
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1398:
1375:
1286:
1265:
1246:
387:State.
333:Goshen
261:slough
237:
233:
172:titles
126:titles
121:Motive
113:Deaths
1064:, or
592:'
421:Event
401:Orton
1539:2008
1520:2008
1501:2008
1488:ISBN
1465:2007
1445:2008
1423:2007
1396:ISBN
1373:ISBN
1356:2007
1331:2008
1310:2005
1284:ISBN
1263:ISBN
1244:ISBN
567:and
338:acre
289:lots
166:The
144:1936
98:Date
610:'s
588:'s
580:'s
267:to
216:.
152:245
1561::
1433:.
1390:.
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1152:^
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1056:,
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875:.
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116:7
107:)
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