Neumiller and Beardslee - San Joaquin County Historical Museum

The San Joaquin Historian Neumi{{er ana'Bearcfs{ee Charfes L. Neumi{{er
'Robert L. 'Beards{ee
A Publication of the San Joaquin County Historical Society and Museum Fall 2003
Vol. XVII Number 3 The San Joaquin Historian
A Publication of the San Joaquin County
Historical Society & Museum
Editor
Donald Walker. Ph.D.
Published by
The San Joaquin County
Historical Society, Inc.
Micke Grove Regional Park
P. O. Box 30, Lodi, CA 95241-0030
(209)331-2055 or (209)953-3460
President
Christopher Engh
.Neumi!Ter ana21eardSiee
The IOO-year history of :'-Jeumiller &
Beardslee is closely entwined with the
growth of Stockton and San Joaquin County.
From its founders to the present-day
principals. the Firm' s commitment to
excellence in legal representation and
community involvement has been
fundamental. Key businesses, corporations
and institutions, as well as many individuals,
families. and small businesses benefit from
the Firm's legal representation, community
institutions. and tradition of giving.
Vice PresidentIPresident Elect
Elise Austin Forbes
Immediate Past President
Helen Trethewey
Vice President Finance
Mel Wingett
Vice President Publications
Lisa Dannen
Treasurer
Robert F. McMaster
Director, San Joaquin
County Historical Society
Michael W. Bennett
ABOUT THE AUTHORS
We would like to acknowledge several
people and organizations for their assistance
in the preparation of this history of
Neumiller & Beardslee:
Bank of Stockton
Haggin Museum
Judy Fraschella
Judith Buethe Public Relations
Neumiller & Beardslee attorneys and staff
2
NEUMILLER & BEARDSLEE THE FOUNDERS
Today's law firm descends from the firm
founded in 1903 by Arthur Ashley and Charles
Neumiller, both native Stocktonians. Born in
1865, Arthur Ashley graduated from the
University of California in 1887. After
graduation, he worked in the San Joaquin
County District Attorney's office. As District
Attorney, he served a four-year term that ended
in 1902.
There he became acquainted with leading farmers
and grain men in the county. These connections
proved useful, "some of these slowed due to a
drought Charles pursued his dream to study law
at Hastings Law School.
Charles L. Neumiller
Arthur Ashley
Charles L. Neumiller was born in 1873. From
an early age, Charles aspired to become a
lawyer. When he graduated from high school,
his parents could not afford to send him to
college, so he worked at the Farmers Union
and Milling Company, first as an office boy
and then as a shipping clerk.
When Sperry associations bore good fruit
years later."] When a fire destroyed two
warehouses and business Mills acquired the
mill and warehouses in 1893, they promoted
Charles to superintendent of the grain storage
warehouses.
] George Tinkham. History of San Joaquin County,
California. L.A.: Historic Record Company, 1923.
page 892.
Charles L. Neumiller graduated from Hastings
College of Law and was admitted to practice in
1901. Neumiller returned to Stockton in June
1902 and entered the District Attorney's office
where he and Arthur Ashley became friends. At
the end of Ashley's term, the two friends decided
to start their own firm. On January 1, 1903, they
formed Ashley and Neumiller and opened their
office in the new Salz building (in Hunter Square
west of the Courthouse) for a rent of $240 per
year. payable in gold.
Stockton was one of the larger cities in California
at the beginning of the 20 th century. As an
agricultural center and transportation hub, the
City experienced rapid growth. With their
community connections, Ashley & Neumiller
were able to quickly build a successful practice.
In 1910, Arthur Ashley left the Firm. In 1913,
George A. Ditz joined Charles Neumiller's law
practice. Ditz, born in 1889, was also a native
Stocktonian. He graduated from Stanford Law
Schod in 1911 and studied a year at Harvard
Law School. In 1915, he became Neumiller's
partner and the firm became Neumiller & Ditz.
3
During that same year, the new firm moved its
practice to the sixth floor of the new Commercial
and Savings Bank building (now the Cort
Tower), at the northwest corner of Sutter and
Main Streets.
The response to the marketing of the first
practical crawler tractor revealed that its potential
applications extended far beyond agriculture. The
crawler tractor soon assumed an indispensable
role in road building and earthmoving. In 1915,
the Holt plant in Stockton employed 1.000
workers up from 300 in 1909. and more than
twenty countries used 2,000 "caterpillar"
crawlers.
George A. Ditz
EARL Y CLIENTS, Holt
Manufacturing Company
During the partnership of Ashley & Neumiller,
Charles Neumiller became the Holt family's
personal attorney. As one of Benjamin Holt's
most trusted advisors. he was extensively
involved in the affairs of the Holt Manufacturing
Company.
Benjamin Holt. a Stockton entrepreneur and
inventor, experimented with different solutions to
the local problem of soft Delta soils that failed to
support heavy farm machinery. Even \vith horses
shod in special atule shoes" measuring one foot
in diameter, the ten-inch wagon wheels and
horses sank into the peat soiL On November 24.
1904, Holt tested an invention. He removed the
wheels from one of his 40-horsepower steam
traction engines and installed a pair of track units.
In doing so, he created the first practical "track­
type tractor crawler." The logo "Caterpillar"
came from Charles Clements, the company
photographer, observation of it moving along
Aurora Street after a test. As it approached, ~1r.
Clements stated. "It crawls just like a caterpillar:'
Holt thought it an apt expression and rep~ied,
"Caterpillar it is. That's the name for it." c
In 1910. they registered the trademark
"Caterpillar" with the U.S. Patent Office.
During World War I. the caterpillar technology
beca~e a key part of military technology and
strategy. British Colonel Swinton adapted the
caterpillar "crawler" as a tank, or "tractor gun."
The tank could travel anywhere, just as it had
been able to do on the soft Delta soils. Colonel
Swinton appreciated Holt's invention so much
that he traveled to Stockton in April 1918 to meet
with Benjamin Holt. A news release at the time
suggested, "In writing the history of the war,
experts will give credit to the Holts [for helping]
,,'gIve
.
win the great contest for world peace ..
credit to the Holts [for helping] win the great
contest t'or world peace. ".+
As advisor and legal counsel for much of the Holt
business, Charles Neumiller assisted in the 1907
patent infringement suit by the C. L. Best Gas
Traction Company by gathering evidence from an
earlier patent case. The case was won by Holt and
resulted in the 1908 purchase of the Daniel Best
Manufacturing Company of San Leandro. In
J 913, at a critical juncture in the Holt business,
Mr. Neumiller "exerted a timely influence" by
successfully consolidating the seven Holt
subsidiaries into one major corporation, Holt
----~-.------
Reynold M. Wik. Benjamin Holt and Caterpillar
Tra(:ks and Combines. SI. Joseph. MI: American
Society of Agricultural Engineers. 1984. page 48
2
3 "Caterpillar Tractor Gun. Pliny Holt's Machine Most
Wonderful in the World." Byron Times. 12/20/18.
-+ "Caterpillar Tractor Gun. Pliny Holt's Machine Most
Wonderful in the World:' Byron Times, 12/20118.
4
Manufacturing Company. c.L. Best's son Daniel
was not satisfied with the sale of his father's
company, so he continued the Holt-Best rivalry
by starting his own business, the C. L. Best Gas
Traction Company of San Leandro. Friction
between the Holt Company and c.L. Best
simmered. yet disputes over the tractor patent
resurfaced in 1915. The disputes were not
resolved until 1925 based partly on the evidence
that Charles Neumiller had gathered in 1908.
Continuing to be the "tough-minded pragmatist
who drove a hard bargain:'s he kept family
members working smoothly together during the
merger with C. L. Best Traction Company to
form the Caterpillar Tractor Company in 1925.
Neumiller & Beardslee's legal association
continues today with Holt of California.
Charles Neumiller's association with the
Caterpillar Company demonstrates how the
Firm's attorneys served as facilitators to help
creative individuals make their ideas work.
Benjamin Holt received more than one hundred
patents for his mechanical inventions from 1883
until his death. Charles Neumiller played a major
role in securing the Caterpillar patents
and in strengthening an early Stockton business
that steered the county's agricultural base in a
successful new direction.
An Early Client, Western Pacific Railroad
Railroads ensured the early success of Stockton
as a transportation hub. In'the early 20 th century.
before the invention of the automobile and
proliferation of highways, railroads were the
major means of land transportation. Charles
Neumiller played a key role in bringing rail
competition to Stockton with the introduction of
his client, Western Pacific Railroad.
In 1909. two railroads served Stockton, the
Central Pacific (Gould Railroad) and the Santa
Fe Railroad. Although two competing railroads
placed Stockton in a favorable position, the
"Central Pacific had been discriminating against
Stockton in every manner possible,,,6 including
charging excessive rates. The discrimination
ceased with Stockton's introduction to the
Western Pacific Railroad, Charles Neumiller's
client.
In early 1909. Charles Neumiller represented
the Western Pacific in its application for rights
of way across city streets. The company asked
or money. By
for no land grants. bond
December 1909, Western Pacific instituted
freight service to the Bay Area. Ten months later
on October 10, 1910. passenger service from
Stockton to the Bay Area began three times
daily. The monopoly of the Central Pacific in the
county ended.
A decade later in May 1921, Charles Neumiller
appeared before the Stockton City Council and
presented the Western Pacific' s application to
purchase rights of way and to install tracks at its
own expense along the entire length of
waterfront on the yet undeveloped north side of
the Channel. On August 9, 1921, the City
Council approved the Western Pacific franchise
for the north side of the Channel. The Daily
Independent predicted accurately that granting
the Western Pacific franchise would be the
"forward march" of a vigorous development era.
The franchise approval set off the city's
expansion to the north.
Other Early Clients
The Finn represented other interests that
contributed to early growth, including other
forms of public transportation and water.
At the turn of the century, electric streetcar lines
provided public transportation in Stockton. In a
local transportation issue, George Ditz
represented residents south of South Street (now
Charter Way) on the McKinley Avenue line in a
suit against the Stockton Electric Railroad. The
5
Wik. page 40.
6
Tinkham. pp. 356-357.
5
railroad claimed that it needed to abandon all of
its Stockton lines, alleging it failed to make a
profit. The abandonment would also have a
negative impact on the Sperry Flour Company­
a Neumiller & Ditz client. The litigants won
their appeal with the apt representation of
George Ditz.
dependent.·· 7 It was not until 1906 when
Louisiana Congressman J. N. Ransdell visited
Stockton that support for development began in
earnest. Community leaders enthusiastically
adopted his slogan of "fifteen feet to the sea"
and began to actively pursue aid for a deeper
channel and a port.
Water has always been a major issue for the
county. In 1914. George Ditz represented the
interests of Westside Irrigation District. a Tracy
irrigation district. which aimed to irrigate
untilled acreage in western San Joaquin County.
A local newspaper described the Firm's legal
documents as "water tight" and "torpedo proof'.
In 1908. the U.S. Army Corps of Engineers held
a public hearing in Stockton to determine
whether sufficient trade potential existed to
justify a port. It became clear that success in
gaining funds for a channel appropriation would
require political involvement. At this point,
Charles Neumiller involved himself in the effort
to deepen the channel.
The early Firm served as counsel for a broad
range of community businesses and families
whose names are familiar today. Representative
of early business clients were the Samson
Tractor Company. Wagner Leather Company.
Monarch Foundry Company. Western Union
Telegraph Company. Pacific Gas and Electric
Company, Rindge Land and Navigation
Company, Farmers Union and Milling Company
and Weber Home Company.
Community Involvement--Port of
Stockton Deep Water Channel
In addition to representing area businesses. the
early partners were active in community affairs.
Charles Neumiller's involvement in the
community effort to deepen the San Joaquin
River for ocean-going vessels was instrumental
to Stockton's growth during the early 20 th
century.
In the late 1800s spring runoff and placer mining
silted the San Joaquin River Channel system and
necessitated annual dredging. The channel into
central Stockton needed to be deepened and
straightened. As early as 1874. civic leaders
petitioned Congress for aid to develop the river
as a port. They argued that a world port would
mean "the development of a diversified
community, a metropolitan area with a much
broader base than just the agriculture on which
Stockton's early future seemed destined to be
Neumiller \vent to Washington in 1909, and
1910.
to lobby for the port appropriation. He worked
closely \vith Congressman Joseph Knowland on
behalf of Stockton and San Joaquin Valley
interests.
In 1915. the Rivers and Harbors Commissioners
and several congressional representatives visited
Stockton during the San Francisco Panama
Pacific International Exposition. Based on their
input. Congress passed the Rivers and Harbors
Act in 1916 to determine if the San Joaquin
River would permit the navigation of ocean­
going vessels. The community slogan escalated
to ··twenty feet to the sea." In 1917. Colonel L.
Rand of the C.S. Army Corps of Engineers
recommended dredging the river to a depth of 24
feet. In 1925. the Deep Water Bond election
passed 13 to 1 and raised $1,308.500 as the local
contribution to the project. Federal support for
deepening began in 1926 with H.R. Bill 5062.
Work on the channel began in 1930. Three
years later, in 1933. the first ocean-going
vesseL the Daisy Gray, sailed up the channel
to the new Port of Stockton.
Other Community Involvement
Charles Neumiller was an eloquent orator often
Irying Sprague. "The Port Story: How Stockton
Attracted Notice from Congress as Early as 1894:'
Stockton Record. 1121/53. page 21.
6
called upon to speak at civic events. In 1904.
Stockton High School asked him to give the
address at their groundbreaking. In an
inspirational speech, he accepted the school on
behalf of the community.
Neumiller also served as president of the
California Board of Prison Terms and Paroles
almost continuously from 1915 until his death in
1933. The hospital at San Quentin Prison, where
Mr. Neumiller died on September 18, 1933
while attending a meeting, bears his name.
George Ditz was active in his alma mater
Stanford University where he was president of
the Stanford Alumni Association and a member
of the University's Board of Trustees. He was
also an active member of the national board of
directors for the American Red Cross.
During World War I. Neumiller was vice
president of the third and fourth San Joaquin
Liberty Loan campaigns that raised funds for
World War I. In March 1918. both he and Mr.
Ashley spoke at a patriotic rally described in the
local newspaper: " ... The lid blew off last
night. ... The steam of long pent up aggressive
patriotism found vent. ,,8 In ApriL he was the
chief speaker at a "jollification" to raise funds
for the third Liberty Loan campaign. Again. in
December 1918, he appealed to local residents
to open their patriotic pocketbooks-"peace by
victory ... you are the soldiers in this fi£ht at
home.',g In both campaigns. San Joaq~in
County exceeded its quotas.
Charles Neumiller rose to prominence in the
legal and political community of California. In
addition to being a prominent leader in the
Stockton Chamber of Commerce. Neumiller was
also the Chairman of the California Republican
Central Committee. As a close associate of
Hiram Johnson, he was actively involved with
the Republican Progressives in 1913. A part of
Hiram Johnson's platform was to lessen
Southern Pacific's pervasive influence in
California politics.
NEW PARTNERS and the Firm's
growth
In 1923. Charles' nephew, Irving Neumiller
joined the Firm upon graduating from law
school. Irving. a native Stocktonian and the son
of William Neumiller, graduated from Boalt
Hall Law SchooL University of California,
Berkeley. When he became a partner, the
Stocktoll Record carried a front-page Ralph
Yardley cartoon to announce the event. Irving
Neumiller is credited with founding the Firm's
litigation department. Known as an outstanding
trial lawyer, the Firm recognized him after his
death by establishing the Irving L. Neumiller
trophy for the winner of the U.c. Davis Moot
Court competition. Also active in Republican
state politics. he was appointed to the San
Francisco World Trade Center Authority.
Irving Neumiller
"Disloyalty is scourged by able orators: Mass
Meeting at Auditorium Results in Organization of
Patriots." Independent, 3/30/18.
9 "San Joaquin Faces the Biggest Liberty Loan Drive
Yet with the Firm Determination to Meet Greater
Demand," Stockton Daily El'elJing Record, 9/28/18.
8
In 1930, the second namesake of the firm,
Robert L. Beardslee. became associated with
Neumiller & Ditz. A native Stocktonian,
Beardslee graduated from Stanford University
7
Law School. In 1940, he became a partner in
the Firm and the name changed to Neumiller,
Ditz & Beardslee.
During his long career, Robert Beardslee
became one of the most well known members
of the San Joaquin County Bar Association.
He was active in many organizations and
received numerous awards and honors.
Among his community involvements was
service as a trustee on the Haggin Museum's
Board from 1962 until 1994.
Robert Beardslee
Beardslee was known as a scholarly
gentleman-an inspiring role model for the
Firm's attorneys. He always found time to
acknowledge and encourage the younger
members of the Firm. He continued working
at the Firm until his death in 1999 at the age of
94, well past what most people consider
retirement age. His dedication to the Jaw. his
occupation and avocation. is evidcnced by the
incredible longevity of his sixty-nine years
with Neumiller & Beardslee.
Beardslee's memoriam in the Firm's 1999
Conference Call read. he "added strength and
nourishment to the Firm's roots that were
planted in 1903." His professionalism,
attention to detail, and high ethical standards
guided Neumiller & Beardslee into and
through the second half of the 20th century.
During that time, the Firm grew and
responded to the changes in the community
and nation after World War II.
Between 1940 and 1954, Irving Neumiller.
George Ditz. and Robert Beardslee were the
core of the Firm. Like many businesses, it
added to its roster of employees and clients. In
the 1950s and 1960s, they added attorneys. In
1966. the Firm became Neumiller, Beardslee.
DiehL Sigert, Glahn. & Shephard. The Firm
name changed many times and in 1979, they
shortened it to Neumiller & Beardslee for the
convenience of members and clients. In 1981.
the Firm incorporated under the name of
Neumiller & Beardslee. a Professional
Corporation.
From 1915 until 1966. Neumiller &
Beardslee occupied the sixth floor of the
Commercial and Savings Bank Building
(now the Cort Tower). located on the
northwest corner of Sutter and Main Streets.
When the Bank of America renovated the
building in 1966. they moved to the ninth
floor. In 1976. the Firm moved to the fourth
floor of the San Joaquin First Federal
Building at 6 South El Dorado Street to
accommodate additional attorneys.
Continuing to expand. in 1983 they moved
to the Waterfront Office Towers.
Their current location is 509 West Weber
A venue, which is next to the renovated
Sperry Building. now known as the
Waterfront Warehouse, where Charles
Neumiller worked a century before.
The nine principals in today' s Firm are
Thomas J. Shephard. Sr.. Duncan R.
McPherson. Rudy V. Bilawski, James R.
Dyke, John S. Stovall, Paul N. Balestracci,
Daniel J. Schroeder. Clifford W. Stevens,
and Daniel S. Truax. plus Christopher A.
Greene, a former partner. who is now of
counsel. Associate attorneys include Rod A.
Attebery, Saroya J. Leonardini, DeeAnne
Watkins, and David Kennetb Brock.
8
Trusts. Probate, and Estate Planning
Water
The Finn's comprehensive practice allows it to
respond swiftly and appropriately to community
needs. As in its early history, Neumiller &
Beardslee remains committed to the growth and
health of Stockton and the surrounding region.
Providing water to the community
Sitting: Dan Schroeder, Tom Shephard, ClifT Stevens
Standing: Reggie Schubert (law clerk), Rudy
Bilawski. Saroya Leonardini. Chris Greene. John
Stovall. Jim Dyke. Duncan ~1cPherson, Ken Brock.
Paul BalestraccL Dan Truax. DeeAnne Watkins. Rod
Attebery
MODERN FIRM, its practice and
contributions to Stockton's growth
The Firm's practice rcsponded to the demands of
post World War II life by adding new practice
areas to its range of services. Besides serving the
business community, Neumiller & Beardslee
continues to adapt to the rapid changes in the
city, county, nation and world. It is committed to
being active and progressive in its practice. As
such, the modern Firm is one of the largest
comprehensive law practices in Stockton. Its
practice areas include:
Agriculture
Bankruptcy
Business and Commercial
Church Law
Community Associations
Construction
Eminent Domain
Employment
Environmental
Health Care
Information Technology
Intellectual Property
Land ese and Development
Litigation (including personal injury)
Natural Resources
Public Agency
Public Finance
Real Estate Development
Telecommunications
One of the most critical areas for Stockton and
the surrounding area is the availability of
adequate water supplies for agricultural,
industrial, and residential use. Neumiller &
Beardslee's representation of agencies that
provide water is rooted in its early history. in its
association with area farmers, and with the
Tracy Irrigation District.
Area rivers that flood in the spring posed a
regional water issue. To deal with the issues of
availability and flooding the federal government
became involved in building dams in California.
In 1926. Old Melones Dam was constructed, a
cooperative effort by two irrigation districts and
the private electric utility company, Pacific Gas
and Electric Company.
In 1965, Neumiller & Beardslee became deeply
involved in the successful twenty-year fight to
construct and fill New Melones Dam. The Firm's
involvement began with its representation of the
Stanislaus River Flood Control Association, a
group composed of landowners who experienced
flooding by the Stanislaus River. The Firm
helped convince then-Department of the Interior
Secretary, Cecil Andrus, of the need for a new
dam that would not negatively impact the
environment. Neumiller & Beardslee worked
closely with the U. S. Army Corps of Engineers
to complete one of the first environmental impact
statements. The construction of the dam was then
litigated in the Courts. Neumiller & Beardslee
represented the Stanislaus River Flood Control
Association and the counties of San Joaquin,
Stanislaus, Calaveras, and Tuolumne in support
of the new dam. The proponents won three times
in the Ninth Circuit Court of Appeals. The United
States Supreme Court refused to hear the case, to
the delight of the Firm's clients but to the
disappointment of partner Tom Shephard who
9
lost his opportunity to argue before the U. S.
Supreme Court. The Court's refusal sustained the
proponent's victory. allowing construction on the
dam to proceed.
1608,2042, and 2064; Community Services
Districts of Wallace and the Town of Discovery
Bay; the Port of Stockton; and the counties of San
Joaquin, Stanislaus, Alpine. and Tehama.
In addition to their work for the construction of
the New Melones Dam. Neumiller & Beardslee
worked with several local public agencies on a
wide variety of water issues. The Firm served as
the original counsel in contract negotiations for
the Stockton and East San Joaquin Water
Conservation District. which is now the Stockton
East Water District, for urban and irrigation water
from the New Hogan Dam. The negotiated
contract set a favorable fixed low water price for
a period of forty years. The Firm also helped
build and enlarge the District's water treatment
plant.
Neumiller & Beardslee served as counsel on the
constmction of the Modesto Irrigation District
Water Treatment Plant. Recently, Neumiller &
Beardslee has been involved in protecting ground
water, especially encouraging the percolation of
ground water to replenish the underground
supplies. The Firm currently serves as special
counsel to the Board of Supervisors on water
issues for San Joaquin County.
As counselor city attorney, the Firm assisted
these public agencies in maintaining a balance
between the needs of the public, modern legal
complexity. and the desire for healthy economic
grO\vth. Neumiller & Beardslee' s involvement in
the Port of Stockton's acquisition of a major
portion of Rough and Ready Island is a specific
example of the Firm assisting a public agency in
economic growth for the county. Neumiller &
Beardslee became counsel for the Pon in 1997.
The Firm was instrumental in the final
negotiations with the U.S. Navy for the
acquisition of the Rough and Ready Supply
Depot and Communications Center. The Record
reported that Tom Shephard "helped hammer out
the final details of the transfer." The agreement
required the Navy to do environmental surveys
and cleanups. This acquisition allowed the Port to
improve its support of the region' s industry,
increase the tax base for local governments. and
generate jobs. The acquisition tripled the size of
the Port's existing land by adding 1.155 acres that
\vill eventually increase to 1,433 acres.
Congressman Richard Pombo acknowledged that
the acquisition of the land is "a huge asset to the
County." The Firm continues to serve as counsel
to the Port.
Counsel for public agencies
Since the late I 940s. Neumiller & Beardslee has
represented a number of public agencies as
general counselor city attorney. advising them on
all aspects of day-to-day government. Among
the kinds of issues that a general counselor city
attorney might confront are the enactment and
amendment of ordinances. financing of public
agencies, formulation of zoning practices. code
enforcement problems, carrying out eminent
domain proceedings, addressing issues involved
in constructing and operating public works. and
the drafting of development agreements. Some of
the public agencies the Firm worked with include
the municipalities of Stockton, Hughson. Galt.
Manteca, Lodi, lone, and Turlock; the water
districts of Bear Valley. Mokelume River Water
and Power. Modesto Irrigation District. Castaic
Lake Water Agency, Wildren Water DisHict.
Oakwood Lake Water District. and Rock Creek
Water District; the Reclamation Districts of
Lincoln Village West, Discovery Bay, 799. 800,
Helping to improve the transportation
network
The early firm helped improve the region's
ability to serve as a transportation hub by
helping introduce a competitive railroad, the
Western Pacific. Some of the tracks laid in that
early era are still in use today. The modern firm
continues its involvement in transportation
10
issues with public agencies in both railroad and
high\vay development.
In the post-World War II period, transportation's
focus shifted from railroads to highway
development. With the Federal-Aid Highways
Acts, the federal government began to develop
an interstate highway network. Neumiller &
Beardslee helped companies obtain contracts for
the vast amounts of fill material needed to
construct Interstates 5, 205. and 580. as well as
the Crosstown Freeway and the Manteca
Bypass. The construction of these highways was
crucial to regional growth.
Neumiller & Beardslee currently serves as
counsel for SJCOG (San Joaquin Council of
Governments) and StanCOG (Stanislaus Council
of Governments). Both organizations serve as
regional transportation planning agencies and as
technical and informational resources for their
respective cities and counties. Serving as legal
counsel for SJCOG since 1992. the Firm
counsels the agency in all contractual matters
and aids in negotiations with other public
agencies and private entities Llssociated with
regional transportation and planning. SJCOG
administers Measure K funds (the half-cent.
voter-approved transportation sales tax).
As the highways between Stockton and the Bay
Area became overcrowded with commuter
traffic. local leaders sought a form of
transportation other than the automobile. They
created ACE (the Alwmont Commuter Express).
a commuter rail service. to address this need.
ACE connects Stockton and the surrounding
communities vvith San Jose along an 85-mile
route. Much of the ACE Rome ll"es the former
Western Pacific (no\" Lnion Pacific) tracks into
the Bay Area.
Serving as counsel to San Joaquin Regional
Rail Commission (SJRRC). the Firm was
involved in the creation and development of
ACE. SJRRC coordinated with Santa Clara and
Alameda Counties to form the new ACE Joint
Powers Agency. As counsel for ACE, Neumiller
& Beardslee conducted contract negotiations for
SIS million worth of railway passenger cars and
two locomotives. They also helped SJRRC
negotiate with Union Pacific Railroad for the use
of the railroad' s tracks between Stockton and
San Jose. The result of these negotiations was
the creation of an umbrella joint powers agency,
which provides additional funding and project
management. The ACE service began operating
in October of 1998. Today it carries thousands
of people over the Altamont every day to
employment in Alameda County. Santa Clara
County and beyond. On July 1,2003, ACE
management changed. SJRRC now operates the
ACE train under a service contract with
Alameda and Santa Clara Counties.
\Vorking with developers to provide
housing
As the county's population grows, the demand
for housing also grows. After the city extended
its limits. development progressed north of the
Calaveras River. and then west of Interstate 5.
Neumiller & Beardslee assisted in all phases of
the development of approximately 3.000 acres in
north and west Stockton. The Firm worked \vith
local real estate developers on land
development. subdivision development,
financing. and construction activities.
In the late 1960s. Neumiller & Beardslee
attorneys worked with LIL VAL, and its
successor. The Grupe Company, to develop the
structure of a master-planned community. The
Firm also helped with financing for the Lincoln
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Village West Marina and setting up an
assessment district for improvements with tax­
exempt bonds. In Lincoln Village West, The
Grupe Company innovated by building
residences around a man-made lake, which
serves as a storm water retention basin in the
winter as well as a visual and recreational
enhancement for residents year-round. The
concept of a water-oriented community proved
to be so successful it influenced many of the
later development projects in Stockton.
Neumiller & Beardslee worked with The Grupe
Company in building other master-planned and
lakeside communities including Quail Lakes and
Brookside (Stockton), Lakeside, Laguna Park
(Sacramento), Canyon Lakes (San Ramon). and
Woodward Lake (Fresno). With The Spanos
Companies, the Finn worked on the building of
the master-planned communities of Spanos Park
East, Spanos Business Park, and Spanos Park
West. They also worked with other developers on
Venetian Village and Venetian Bridges, Weston
Ranch and Mountain House.
These well-planned, attractive residential
developments, including those oriented around
man-made lakes, enhanced the attractiveness of
housing in the area and improved the quality of
life. By incorporating the Delta's levee system
for housing and other residential uses, the natural
beauty of the Delta also became more accessible.
Beyond Stockton, attorneys were involved with
development of common interest housing at
Kirkwood Meadows and in Manteca, Lodi.
Modesto, Oakdale. Turlock, Elk Grove, Fresno,
and Bakersfield, along with developments in
Arizona. Nevada. Tennessee. and Maryland. The
Firm also worked with developers on commercial
buildings such as medical/dental and office
condominiums, industrial and office parks, and
shopping centers.
Helping redevelopment efforts-Enterprise
Zone and University Park
Like many older cities, Stockton experienced a
deterioration of its downtown. In 1992, local
officials and business leaders became active in
redevelopment efforts by establishing a Stockton
Enterprise Zone. Neumiller & Beardslee, which
has always had its offices downtown, committed
to revitalizing the downtown area. Firm attorneys
served on the Stockton Waterfront Committee and
the Downtown Stockton Action Team. They also
assisted in redevelopment financing. Neumiller &
Beardslee was one of the first companies to obtain
a building pennit and the first to complete its
project within the Enterprise Zone for its current
offices in the Waterfront Office Towcrs.
In another Stockton redevelopment project in
2000. the Firm helped negotiate the groundlease
for University Park from the State of California to
a joint power agency of the City of Stockton and
the California State University system. and a sub­
ground lease to Grupe Commercial. University
Park is combining private and public efforts to
convert the site of the former Stockton State
Hospital to an educational and business park. The
Firm continues to work with both the City of
Stockton and The Grupe Company on this
project.
Neumiller & Beardslee also worked with
developers on other types of common interest
housing. These privately governed residential
enclaves include planned developments of single­
family homes, townhomes. and condominiums. A
feature of a conunon interest housing development
is a common area. Examples of these in Stockton
are Embarcadero West, Brookside Estates, Spanos
Park East, Fox Creek, and Atherton Cove Estates.
12
Other areas of practice and involvement
As the modern community becomes more
complex, the areas of legal practice grow.
Individuals, businesses. and public agencies
rely on attorneys to guide them on legal issues
so they can thrive and prosper. Neumiller &
Beardslee responds by providing a wide range
of services.
Bond Counsel
One way the Firm assists municipalities. local
public agencies, and industrial development is
with bond financing. In 1995. Neumiller &
Beardslee became one of a select group of
California firms statewide that is authorized
and eligible to serve the state' s various
financing programs. In 2001. they acted as co­
bond counsel on a $954 million general
obligation bond issue by the State of
California. Locally, the Firm counsel for
public agencies and private entities acted as
bond. Among those public agencies are the
following: in 1993, the City of Stockton.
O'Connor Woods Project; in 1982. Lathrop,
Sanitary Sewer Assessment District #1; and in
1982, the City of Stockton, The Landing Area
Assessment District. The Firm helped finance
the bonds for private industrial development
projects such as: in 1985, the Industrial
Development Authority of San Joaquin
County. Quality Assured Packing Inc., Project
and in 1999, the Integrated Rolling Company
Project. In all of these projects, the activities
of the attorneys contributed to greater
economic and social growth in Stockton.
Health care
In the area of health care. Neumiller &
Beardslee assisted St. Joseph's Hospital in its
expansion from a single hospital to the multi­
institutional organization serving San Joaquin,
Calaveras and Merced counties.
Environmental law
In the modern arena, laws relating to
environmental compliance affect virtually
every business, industry, municipality, and the
public. Neumiller & Beardslee advises on all
aspects of environmental law and regulatory
compliance. Before any public agency can act
on a new project, it must deal with any
environmental impacts related to the project
pursuant to both the NEPA (National
Environmental Protection Act) and CEQA
(California Environmental Quality Act)
regulations. In any land use project, for both
public and private entities, the first step in
environmental compliance is showing due
diligence, that is, to diligently investigate the
use of a parcel to ensure no hidden
contamination or impact on species. Private
entities must follow Proposition 65, the Full
Information Statute, which requires notice or
warning if a product uses an ingredient
deemed harmful to the public by the State of
California.
Imellectual Property
Stockton has always been home to inventive
individuals, like the Holt Brothers. In the
national and global marketplace, trademarks,
names and inventions need protection.
Attorneys help protect the interests of these
creative individuals by protecting their
intellectual property. The protection of the
Caterpillar trademark is an early example.
Modern-day examples of the Firm's
support for Stockton businesses'
intellectual property include the PETZ and
Glacier Bay logos and brand names for
businesses such as wineries. Protecting
businesses from environmental and
intellectual property issues assures their
success in the global economy.
Business and Agriculture Clients
Since its 1903 inception, Neumiller &
Beardslee has viewed one of its roles in the
community as supporting local business and
agriculture, as they form the economic basis of
the community. As local business and
agriculture grows, the community will also
grow and prosper. The Firm helps industrious
people and businesses accomplish their
dreams, and protects them in an ever-changing
legal system and marketplace. Neumiller &
Beardslee continues to provide legal counsel
to a wide variety of community businesses and
agricultural clients.
13
One of the largest local businesses for which
Neumiller & Beardslee currently serve as
counsel is Pac"West Telecomm, Inc. The
Firm assisted Pac-West with
contracts,
mergers, and acquisitions. Pac-West supplies
Internet access services to Internet and service
providers and integrated voice and data
communication services to small and medium­
sized businesses. Its network carries
approximately twenty percent of the Internet
traffic in California. Robel1 Morrison, former
principal at Neumiller & Beardslee, became
counsel for Pac-West in January 2003,
after thir1Y years of legal service at the Firm.
Neumiller & Beardslee continues to serve Pac­
West in a wide variety of business and legal
matters.
Among the kinds of businesses served by
Neumiller & Beardslee's attorneys are food
processors, wineries and vineyards,
agribusiness, farming, building material
distributors, sand and gravel companies,
recycling and waste collection, environmental
cleanup, heavy equipment, beverage and
container companies, banking, recreational
facilities, road construction equipment mobile
and modular home companies, radio
broadcasting, lumber companies, fuel
distribution, housing and assisted living
facilities, software companies, auto
dealerships, real estate
management and operation, and others.
Trusts and Foundations
Trusts and foundations provide additional
support to non-profit groups in the
community. Neumiller & Beardslee helped
establish such trusts as the Micke Trust which
provides for the development and maintenance
of Micke Grove with San Joaquin County as
the beneficiary. Neumiller & Beardslee
attorneys also served as counsel in setting up
the Friedburger Trust that established college
scholarships for San Joaquin County students.
The Firm helped set up, and a Neumiller &
Beardslee attorney currently serves on the
Board of the Raymus Foundation which
provides funds to serve the needs of children
with an emphasis on preventing juvenile
delinquency and assisting special needs
children.
Church Lall'
In broadening its involvement in the
community, Neumiller & Beardslee began to
practice church law, Serving as counsel for the
Roman Catholic Diocese of Stockton since
1981, the Finn' s attorneys helped with the
complete reorganization of the Diocese in
2002, The Finn also represents the Covenant
Assembly Church and the Zion Lutheran
Church in addition to other congregations
from time to time.
Beyond the Practice to Community
Service
Since its inception, Neumiller & Beardslee has
been committed to caring about the wellbeing
of others and the community-at-Iarge. It has a
long-standing philosophy to support
organizations in which its employees are
involved. The Firm's staff volunteers and
provides financial support to many non-profit
organizations.
One of the larger organizations the Firm
supports is the Greater Stockton Chamber of
Commerce, Five past presidents were
attorneys at Neumiller & Beardslee and the
current President-elect is a principal at the
Firm. Neumiller & Beardslee has also been
actively involved in the Haggin Museum,
beginning with Robert Beardslee who served
on the Board of Directors for thirty-two years.
Other Firm members and their families have
worked with the museum in a variety of ways,
including as docents.
The San Joaquin Historical Society has been
of special interest to the Firm's history buffs.
Tom Shephard was active in helping to raise
funds for the Historical Society Museum at
Micke Grove. Other Firm members actively
supported the Historical Society in leadership
roles.
Tom Shephard serves on the Board of
Directors for the Yosemite Association, which
provides education and funding for Yosemite
14
National Park. Neumiller & Beardslee
attorneys also acted as President of the
Stockton Rotary and currently act as
President-elect of the North Stockton Rotary.
Now, in 2003. the Firm's attorneys look
forward to serving their clients and the region
for another one hundred years.
The staff members at Neumiller & Beardslee
volunteer countless hours of their time to
numerous community agencies. From bake
sales to basket raffles. the Firm raised funds
for the Relay for Life to benefit the American
Cancer Society and Heart Walk to benefit the
American Heart Association. Yearly a team
participates in the Bowl for Kids Sake to
benefit Big Brothers Big Sisters. and several
employees test their wits as participants in the
Trivia Bee to benefit the San Joaquin Library
Literacy Foundation and as participants in the
Rotary Read-In. Employees mentored young
women during Women in the Workplace week
and pal1icipated in leadership positions with
Junior Achievement of San Joaquin County.
Neumiller & Beardslee's contributions to
United Way are always generous. Many
employees are involved with soccer and other
sports throughout the region. Several staff
members have leadership positions in the
Stockton Youth Soccer Association. This is
but a short list of the many volunteer
involvements.
CONCLUSION
In its first century. Neumiller & Beardslee' s
durability as a firm hinged on its commitment
to excellence in serving clients and the
community. The Firm's involvement in major
issues facing the region was instrumental to
the region's growth. Responding with
flexibility, the Firm's attorneys acted as
facilitators within an ever-changing system of
social and political structures; they worked to
bring innovation to central California.
Neumiller & Beardslee's attorneys are
committed to helping businesses and
industrious individuals accomplish their
objectives, dreams, and responsibilities. The
Firm's diverse practice areas shift and grow
with the changing times: the attorneys never
become narrowly specialized. Neumiller &
Beardslee's essential strengths. based on high
ethical standards and a professional approach.
have guided it since its' founding in 1903.
15
Address Correction Requested
San Joaquin County
Historical Society and Museum
P.O. Box 30 Lodi, CA 95241-0030 Non- Profit Organization POSTAGE PAID Pennit No. 48 Lodi, CA 95241