initial commit of ebook 2896HEADmain

1 files changed, 11305 insertions, 0 deletions

diff --git a/2896.txt b/2896.txt
new file mode 100644
index 0000000..106f726
--- /dev/null
+++ b/2896.txt
@@ -0,0 +1,11305 @@
+The Project Gutenberg Etext of The California Legislature of 1909
+
+
+Copyright laws are changing all over the world, be sure to check
+the laws for your country before redistributing these files!!!
+
+Please take a look at the important information in this header.
+We encourage you to keep this file on your own disk, keeping an
+electronic path open for the next readers.
+
+Please do not remove this.
+
+This should be the first thing seen when anyone opens the book.
+Do not change or edit it without written permission.  The words
+are carefully chosen to provide users with the information they
+need about what they can legally do with the texts.
+
+
+**Welcome To The World of Free Plain Vanilla Electronic Texts**
+
+**Etexts Readable By Both Humans and By Computers, Since 1971**
+
+*These Etexts Prepared By Hundreds of Volunteers and Donations*
+
+Information on contacting Project Gutenberg to get Etexts, and
+further information is included below.  We need your donations.
+
+Presently, contributions are only being solicited from people in:
+Texas, Nevada, Idaho, Montana, Wyoming, Colorado, South Dakota,
+Iowa, Indiana, and Vermont. As the requirements for other states
+are met, additions to this list will be made and fund raising will
+begin in the additional states. These donations should be made to:
+
+Project Gutenberg Literary Archive Foundation
+PMB 113
+1739 University Ave.
+Oxford, MS 38655
+
+
+Title:  Story of the Session of the California Legislature of 1909
+
+Author:  Franklin Hichborn
+
+Release Date:  November, 2001  [Etext #2896]
+[Yes, we are about one year ahead of schedule]
+
+Edition:  10
+
+The Project Gutenberg Etext of The California Legislature of 1909
+******This file should be named 2896.txt or 2896.zip*******
+
+This Project Gutenberg Etext Prepared by David Schwan
+
+Project Gutenberg Etexts are usually created from multiple editions,
+all of which are in the Public Domain in the United States, unless a
+copyright notice is included.  Therefore, we usually do NOT keep any
+of these books in compliance with any particular paper edition.
+
+We are now trying to release all our books one year in advance
+of the official release dates, leaving time for better editing.
+Please be encouraged to send us error messages even years after
+the official publication date.
+
+Please note:  neither this list nor its contents are final till
+midnight of the last day of the month of any such announcement.
+The official release date of all Project Gutenberg Etexts is at
+Midnight, Central Time, of the last day of the stated month.  A
+preliminary version may often be posted for suggestion, comment
+and editing by those who wish to do so.
+
+Most people start at our sites at:
+https://gutenberg.org
+http://promo.net/pg
+
+
+Those of you who want to download any Etext before announcement
+can surf to them as follows, and just download by date; this is
+also a good way to get them instantly upon announcement, as the
+indexes our cataloguers produce obviously take a while after an
+announcement goes out in the Project Gutenberg Newsletter.
+
+http://metalab.unc.edu/pub/docs/books/gutenberg/etext01
+or
+ftp://metalab.unc.edu/pub/docs/books/gutenberg/etext01
+
+Or /etext00, 99, 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90
+
+Just search by the first five letters of the filename you want,
+as it appears in our Newsletters.
+
+
+Information about Project Gutenberg (one page)
+
+We produce about two million dollars for each hour we work.  The
+time it takes us, a rather conservative estimate, is fifty hours
+to get any etext selected, entered, proofread, edited, copyright
+searched and analyzed, the copyright letters written, etc.  This
+projected audience is one hundred million readers.  If our value
+per text is nominally estimated at one dollar then we produce $2
+million dollars per hour this year as we release fifty new Etext
+files per month, or 500 more Etexts in 2000 for a total of 3000+
+If they reach just 1-2% of the world's population then the total
+should reach over 300 billion Etexts given away by year's end.
+
+The Goal of Project Gutenberg is to Give Away One Trillion Etext
+Files by December 31, 2001.  [10,000 x 100,000,000 = 1 Trillion]
+This is ten thousand titles each to one hundred million readers,
+which is only about 4% of the present number of computer users.
+
+At our revised rates of production, we will reach only one-third
+of that goal by the end of 2001, or about 3,333 Etexts unless we
+manage to get some real funding.
+
+Something is needed to create a future for Project Gutenberg for
+the next 100 years.
+
+We need your donations more than ever!
+
+Presently, contributions are only being solicited from people in:
+Texas, Nevada, Idaho, Montana, Wyoming, Colorado, South Dakota,
+Iowa, Indiana, and Vermont. As the requirements for other states
+are met, additions to this list will be made and fund raising will
+begin in the additional states.
+
+All donations should be made to the Project Gutenberg Literary
+Archive Foundation and will be tax deductible to the extent
+permitted by law.
+
+Mail to:
+
+Project Gutenberg Literary Archive Foundation
+PMB 113
+1739 University Avenue
+Oxford, MS 38655  [USA]
+
+We are working with the Project Gutenberg Literary Archive
+Foundation to build more stable support and ensure the
+future of Project Gutenberg.
+
+We need your donations more than ever!
+
+You can get up to date donation information at:
+
+https://www.gutenberg.org/donation.html
+
+
+***
+
+You can always email directly to:
+
+Michael S. Hart <hart@pobox.com>
+
+hart@pobox.com forwards to hart@prairienet.org and archive.org
+if your mail bounces from archive.org, I will still see it, if
+it bounces from prairienet.org, better resend later on. . . .
+
+We would prefer to send you this information by email.
+
+
+Example command-line FTP session:
+
+ftp metalab.unc.edu
+login: anonymous
+password: your@login
+cd pub/docs/books/gutenberg
+cd etext90 through etext99 or etext00 through etext01, etc.
+dir [to see files]
+get or mget [to get files. . .set bin for zip files]
+GET GUTINDEX.??  [to get a year's listing of books, e.g., GUTINDEX.99]
+GET GUTINDEX.ALL [to get a listing of ALL books]
+
+
+**The Legal Small Print**
+
+
+(Three Pages)
+
+***START**THE SMALL PRINT!**FOR PUBLIC DOMAIN ETEXTS**START***
+Why is this "Small Print!" statement here?  You know: lawyers.
+They tell us you might sue us if there is something wrong with
+your copy of this etext, even if you got it for free from
+someone other than us, and even if what's wrong is not our
+fault.  So, among other things, this "Small Print!" statement
+disclaims most of our liability to you.  It also tells you how
+you can distribute copies of this etext if you want to.
+
+*BEFORE!* YOU USE OR READ THIS ETEXT
+By using or reading any part of this PROJECT GUTENBERG-tm
+etext, you indicate that you understand, agree to and accept
+this "Small Print!" statement.  If you do not, you can receive
+a refund of the money (if any) you paid for this etext by
+sending a request within 30 days of receiving it to the person
+you got it from.  If you received this etext on a physical
+medium (such as a disk), you must return it with your request.
+
+ABOUT PROJECT GUTENBERG-TM ETEXTS
+This PROJECT GUTENBERG-tm etext, like most PROJECT GUTENBERG-tm etexts,
+is a "public domain" work distributed by Professor Michael S. Hart
+through the Project Gutenberg Association (the "Project").
+Among other things, this means that no one owns a United States copyright
+on or for this work, so the Project (and you!) can copy and
+distribute it in the United States without permission and
+without paying copyright royalties.  Special rules, set forth
+below, apply if you wish to copy and distribute this etext
+under the Project's "PROJECT GUTENBERG" trademark.
+
+Please do not use the "PROJECT GUTENBERG" trademark to market
+any commercial products without permission.
+
+To create these etexts, the Project expends considerable
+efforts to identify, transcribe and proofread public domain
+works.  Despite these efforts, the Project's etexts and any
+medium they may be on may contain "Defects".  Among other
+things, Defects may take the form of incomplete, inaccurate or
+corrupt data, transcription errors, a copyright or other
+intellectual property infringement, a defective or damaged
+disk or other etext medium, a computer virus, or computer
+codes that damage or cannot be read by your equipment.
+
+LIMITED WARRANTY; DISCLAIMER OF DAMAGES
+But for the "Right of Replacement or Refund" described below,
+[1] the Project (and any other party you may receive this
+etext from as a PROJECT GUTENBERG-tm etext) disclaims all
+liability to you for damages, costs and expenses, including
+legal fees, and [2] YOU HAVE NO REMEDIES FOR NEGLIGENCE OR
+UNDER STRICT LIABILITY, OR FOR BREACH OF WARRANTY OR CONTRACT,
+INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, PUNITIVE
+OR INCIDENTAL DAMAGES, EVEN IF YOU GIVE NOTICE OF THE
+POSSIBILITY OF SUCH DAMAGES.
+
+If you discover a Defect in this etext within 90 days of
+receiving it, you can receive a refund of the money (if any)
+you paid for it by sending an explanatory note within that
+time to the person you received it from.  If you received it
+on a physical medium, you must return it with your note, and
+such person may choose to alternatively give you a replacement
+copy.  If you received it electronically, such person may
+choose to alternatively give you a second opportunity to
+receive it electronically.
+
+THIS ETEXT IS OTHERWISE PROVIDED TO YOU "AS-IS".  NO OTHER
+WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE TO YOU AS
+TO THE ETEXT OR ANY MEDIUM IT MAY BE ON, INCLUDING BUT NOT
+LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
+PARTICULAR PURPOSE.
+
+Some states do not allow disclaimers of implied warranties or
+the exclusion or limitation of consequential damages, so the
+above disclaimers and exclusions may not apply to you, and you
+may have other legal rights.
+
+INDEMNITY
+You will indemnify and hold the Project, its directors,
+officers, members and agents harmless from all liability, cost
+and expense, including legal fees, that arise directly or
+indirectly from any of the following that you do or cause:
+[1] distribution of this etext, [2] alteration, modification,
+or addition to the etext, or [3] any Defect.
+
+DISTRIBUTION UNDER "PROJECT GUTENBERG-tm"
+You may distribute copies of this etext electronically, or by
+disk, book or any other medium if you either delete this
+"Small Print!" and all other references to Project Gutenberg,
+or:
+
+[1]  Only give exact copies of it.  Among other things, this
+     requires that you do not remove, alter or modify the
+     etext or this "small print!" statement.  You may however,
+     if you wish, distribute this etext in machine readable
+     binary, compressed, mark-up, or proprietary form,
+     including any form resulting from conversion by word
+     processing or hypertext software, but only so long as
+     *EITHER*:
+
+     [*]  The etext, when displayed, is clearly readable, and
+          does *not* contain characters other than those
+          intended by the author of the work, although tilde
+          (~), asterisk (*) and underline (_) characters may
+          be used to convey punctuation intended by the
+          author, and additional characters may be used to
+          indicate hypertext links; OR
+
+     [*]  The etext may be readily converted by the reader at
+          no expense into plain ASCII, EBCDIC or equivalent
+          form by the program that displays the etext (as is
+          the case, for instance, with most word processors);
+          OR
+
+     [*]  You provide, or agree to also provide on request at
+          no additional cost, fee or expense, a copy of the
+          etext in its original plain ASCII form (or in EBCDIC
+          or other equivalent proprietary form).
+
+[2]  Honor the etext refund and replacement provisions of this
+     "Small Print!" statement.
+
+[3]  Pay a trademark license fee to the Project of 20% of the
+     gross profits you derive calculated using the method you
+     already use to calculate your applicable taxes.  If you
+     don't derive profits, no royalty is due.  Royalties are
+     payable to "Project Gutenberg Literary Archive Foundation"
+     the 60 days following each date you prepare (or were
+     legally required to prepare) your annual (or equivalent
+     periodic) tax return.  Please contact us beforehand to
+     let us know your plans and to work out the details.
+
+WHAT IF YOU *WANT* TO SEND MONEY EVEN IF YOU DON'T HAVE TO?
+The Project gratefully accepts contributions of money, time,
+public domain etexts, and royalty free copyright licenses.
+If you are interested in contributing scanning equipment or
+software or other items, please contact Michael Hart at:
+hart@pobox.com
+
+*END THE SMALL PRINT! FOR PUBLIC DOMAIN ETEXTS*Ver.04.07.00*END*
+
+
+
+
+
+This Project Gutenberg Etext Prepared by David Schwan
+
+
+
+
+
+Story of the Session of the California Legislature of 1909
+
+by Franklin Hichborn
+
+
+
+The well-being of the State requires that the opponents to the machine
+in Senate and Assembly, regardless of party label, organize the
+Legislature. But back of this is the even more important requirement
+that there be elected to the Legislature American citizens, with the
+responsibility of their citizenship upon them, rather than partisans,
+burdened, until their good purposes are made negative, by the
+responsibility of their partisanship.
+
+
+
+San Francisco
+Press of The James H. Barry Company
+1909
+
+
+
+CONTENTS
+
+Chapter
+
+I. Breaking Ground
+II. Organization of the Senate
+III. Organization of the Assembly
+IV. The Machine in Control
+V. Election of United States Senator
+VI. The Anti-Racetrack Gambling Bill
+VII. Passage of the Anti-Racetrack Gambling Bill
+VIII. The Direct Primary Bill
+IX. The Machine Defeated in the Senate
+X. Fight Over the Assembly Amendments
+XI. Machine Amends Direct Primary Bill
+XII. The Railroad Regulation Issue
+XIII. Machine Defeats the Stetson Bill
+XIV. Railroad Measures
+XV. Defeat of the Commonwealth Club Bills
+XVI. How the Change of Venue Bill Was Passed
+XVII. Passage of the Wheelan Bills
+XVIII. Defeat of the Local Option Bill
+XIX. Defeat of the Initiative Amendment
+XX. Defeat of the Anti-Japanese Bills
+XXI. The Rule Against Lobbying
+XXII. The Machine Lobbyist at Work
+XXIII Influence of the San Francisco Delegation
+XXIV. Attacks on and Defense of the Fish Commission
+XXV. The Rewarding of the Faithful
+XXVI. The Holdover Senators
+XXVII. The Retiring Senators
+XXVIII. Conclusion
+Appendix
+Tables of Votes
+Postal Direct Primary
+Dr. Montgomery's Report
+The Anti-Japanese Resolution
+
+
+
+PREFACE.
+
+In writing the Story of the Session of the California Legislature of
+1909, the purpose has been, not only to show what was done at Sacramento
+last Winter, but, what is by far more important, how it was done. To
+this end, the several measures are divided under three heads, namely,
+those dealing with moral, with political and with industrial issues.
+Instead of scattering on all the measures introduced, or even a
+considerable part of them, the principal issue of each group, that which
+meant the most to The People, and upon which the machine centered its
+efforts, has been selected for detailed consideration. On the score of
+the moral issues, the Anti-Racetrack Gambling bill has been taken as the
+most important; while the Direct Primary bill is dealt with as the chief
+political issue, and the railroad regulation measures as involving the
+chief industrial issue. The story of the fight over these bills is the
+story of the session of 1909. The events attending the passage of the
+Anti-Racetrack Gambling bill, the amendment of the Direct Primary bill,
+and the defeat of the Stetson Railroad Regulation bill, with the
+attending incident of the passage of the Wright Railroad bill, show, as
+nothing else can, how the machine controls and manipulates a
+Legislature - and such is the purpose of this little volume.
+
+The efforts of justice-loving men to simplify the criminal codes, to the
+end that rich and poor alike may have equal opportunity in the trial
+courts - not in theory alone but in fact - and the successful efforts of the
+machine to block this reform, have made detailed consideration of the
+defeat of the Commonwealth Club bills and the passage of the Wheelan
+bills, and the so-called Change of Venue bill timely. And the story of
+these measures illustrates again how the machine element defeats the
+purpose of The People, and overrides what are the constitutional
+rights - and should be rights in fact - of every American citizen.
+
+Measures which involved no particular contest between the good
+government and the machine forces - measures patched up by interested
+parties and slipped through the Legislature without opposition and
+generally without comment - although many of them of great importance, are
+not touched upon. The histories of those selected for consideration show
+the machine, or if you like, the system, at its work of passing
+undesirable measures, and of blocking the passage of good measures. If
+the Story of the Session of the California Legislature of 1909 assist
+the citizens of California to understand how this is done; if it give
+them that knowledge of the weakness, the strength, the purposes, and the
+affiliations of the Senators and Assemblymen who sat in the Legislature
+of 1909, a knowledge of which the machine managers have had heretofore a
+monopoly; if it point the way for a new method of publicity to crush
+corruption and to promote reform - a way which others better prepared for
+the work than I, may, in California and even in other States, follow - the
+labor of preparing this volume for the press will have been justified.
+
+Franklin Hichborn.
+
+Santa Clara, Cal., July 4, 1909.
+
+
+
+Chapter I.
+
+
+
+
+Breaking Ground.
+
+Although the Reform Element had a Majority in Both Senate and Assembly,
+Good Bills Were Defeated, and Vicious Measures Passed - Three Reasons for
+This: (1) Reform Element Was Without Plan of Action, (2) Was Without
+Organization; (3) The Machine Was Permitted to Organize Both Senate and
+Assembly.
+
+
+
+The personnel of the California Legislature of 1909, was, all things
+considered, better than that of any other Legislature that has assembled
+in California in a decade or more. There were, to be sure, in both
+Senate and Assembly men who were constantly on the wrong side of every
+question affecting the moral, political or industrial well-being of the
+State, but a majority of each House labored for the passage of good
+laws, laws which would not only silence and satisfy constituents, but
+prove effective and accomplish the purpose for which they had been
+drawn. Just as earnestly as they worked for the passage of good laws, a
+majority of the members of the Senate as well as a majority of the
+members of the Assembly opposed the passage of vicious measures, and of
+measures ostensibly introduced to work needed reform but drawn in such a
+manner as to be, from a practical standpoint, ineffective.
+
+And yet, regardless of the purpose of this majority, the so-called
+"Change of Venue" [1] bill was passed, and the "Judicial Column" bill,
+intended to take the Judiciary out of politics, was denied passage. The
+infamous "Wheelan bills," aimed at the complication of the Grand jury
+system, went through both Houses, while the Commonwealth Club bills,
+drawn to simplify the methods of criminal procedure, were held up and
+eventually defeated. The ineffective Wright Railroad Regulation bill
+became a law, while the Stetson Railroad measure effective as finally
+amended - was rejected. The provision in the Direct Primary bill for the
+selection of United States Senators by State-wide vote was stricken out,
+and the meaningless advisory, district vote plan substituted.
+
+Certainly, the accomplishment of the Legislature does not line with the
+purpose of a majority of its members. The voter is naturally asking why
+the majority in both Houses standing for good legislation and opposing
+bad, accomplished so little; how it was that a minority, at practically
+every turn, defeated a majority.
+
+There were three principal reasons for this outcome.
+
+(1) The machine, as its name indicates, is a definite organization, with
+recognized leaders. The anti-machine element was without organization or
+recognized leaders.
+
+(2) The reform-advocating majority, except in the anti-racetrack
+gambling fight, was without definite plan of action. The majority was,
+for example, for the passage of a direct primary law that would, first,
+take the control of politics out of the hands of political bosses big
+and little, and, second, give the people of California the privilege of
+naming their United States Senators, a privilege already enjoyed by the
+people of the more progressive States of the Union. But the reform
+element knew little or nothing of the details of direct primary
+legislation.
+
+They were equally unprepared on other reform issues. They recognized the
+necessity of passing an effective railroad regulation law, for example,
+but had little or no conception of what the provisions of the measure
+should be. They recognized that the criminal laws cannot be impartially
+enforced against rich and poor alike until the methods of criminal
+procedure be simplified, put on a common sense basis. But even here they
+had no definite policy and when told by machine claquers that the
+proposed reforms were revolutionary, even the most insistent of the
+reform element were content to let the simplifying amendments to the
+codes die in committees or on the files.
+
+On the other hand, the machine element, even before a member had reached
+Sacramento, had their work for the session carefully outlined. This
+session the bulk of the machine's work was negative; that is to say,
+with a majority in both houses opposed to machine policies, the machine
+recognized the difficulties of passing bad laws except by trick - and
+spent the session in amending good measures into ineffectiveness, or,
+where they could, in preventing their passage. Down to a comma the
+machine leaders knew what they wanted for a direct primary law, for an
+anti-racetrack gambling law, for a railroad regulation law. From the
+hour the Legislature opened until the gavels fell at the moment of
+adjournment the machine element labored intelligently and constantly,
+and as an organized working unit, to carry its ends. There were no false
+plays; no waste of time or energy; every move was calculated. By
+persistent hammering the organized machine minority was able to wear its
+unorganized opponents out.[2]
+
+(3) The third reason for the failure of the reform majority is found in
+the fact that the minority was permitted to organize both Senate and
+Assembly. In the Assembly the machine element named the Speaker without
+serious opposition. The Speaker named the Assembly committees. It
+developed at the test that the important committees of the Assembly
+were, generally speaking, controlled by the machine.
+
+The Lieutenant-Governor is, under the State Constitution, presiding
+officer of the Senate, under the title of President of the Senate. But
+the Senators elect the President pro tem., who, in the absence of the
+President, has the same power as the President. The reform element,
+although in the majority, permitted the election of Senator Edward I.
+Wolfe as President pro tem. Wolfe was admittedly leader of the machine
+element in the Senate. At critical times during the session, the fact
+that both the President and President pro tem. of the Senate were
+friendly to machine interests gave the machine great advantage over its
+anti-machine opponents.[3]
+
+The reform majority in the Senate made the further mistake of leaving
+the appointment of the Senate committees in the hands of
+Lieutenant-Governor Warren Porter. Governor Porter flaunts his machine
+affiliations; is evidently proud of his political connections; indeed,
+in an address delivered before the students of the University of
+California, Porter advised his hearers to be "performers" in politics
+rather than "reformers." It was not at all surprising, then, that the
+Senate committees were appointed, not in the interest of the reform
+element, but of the machine. And yet, the reform element, being in the
+majority, could have taken the appointment of the committees out of
+Porter's hands. In the concluding chapter it will be shown there is
+ample precedent for such a course. But the reform element let the
+opportunity pass, and Warren Porter named the committees. Thus in both
+Senate and Assembly the strategic committee positions were permitted to
+fall into machine hands.
+
+The importance of this on legislation can scarcely be over-estimated.
+Under the system in vogue in California, the real work of a legislative
+session is done in committee. When a bill is introduced in either House,
+it is at once referred to a committee. Until the committee reports on
+the measure no further action can be taken. Thus a committee can prevent
+the passage of a bill by deliberately neglecting to report it back to
+the main body.
+
+When a measure passes either Senate or Assembly, it goes to the other
+House, and is once again referred to a committee. Again does the fate of
+the bill hang on committee action. Thus, every measure before it can
+pass the Legislature must, in the ordinary course of legislation, pass
+the scrutiny of two legislative committees, either one of which may
+delay its passage or even deny Senate or Assembly, or both, opportunity
+to act upon it.
+
+To be sure, one of the rules of the Assembly of 1909 required that all
+bills referred to committees should be reported back within ten days,
+while the Senate rules provided that committees must act on bills
+referred to them as soon as "practicable," with the further provision
+that a majority vote of the Senate could compel a report on a bill at
+any time. But these rules were employed to little advantage. In the
+Assembly, for example, the Commonwealth Club bills, referred to the
+Judiciary Committee on January 15, were not acted upon by the committee
+at all. These bills, in spite of the ten days' rule, remained in the
+committee sixty-seven days. The Direct primary bill was held up in the
+Senate Committee on Election Laws from January 8 until February 16, and
+at that late day came out of the committee with practically unfavorable
+recommendation. It was noticeable that few, if any, important reform
+measures were given favorable recommendation by a Senate committee. Thus
+the Anti-Racetrack Gambling bill, the Direct Primary bill, the Local
+Option bill, received the stamp of Senate committee disapproval. They
+were returned to the Senate with the recommendation that they do not
+pass. The same is largely true of the action of the Assembly
+Committees.[4]
+
+If machine-controlled committees could delay action on reform measures,
+they could at the same time expedite the passage of bills which the
+machine element favored, or which had been amended to the machine's
+liking. Thus the Change of Venue bill, which reached the Senate on March
+15, was returned from the Senate Judiciary Committee the day following,
+March 16, with the recommendation that it "do pass." The Wheelan bills
+reached the Senate on March 17, and were at once referred to the
+Judiciary Committee. The Judiciary Committee that very day reported them
+back with favorable recommendation. Had they been delayed in the
+committee even 48 hours, their final passage would have been improbable.
+
+Curiously enough, the Judiciary Committee was the one Senate committee
+whose members President Porter did not name. Following a time-honored
+custom, every attorney at law in the Senate was made a member of the
+committee. It so happened that ten of the nineteen lawyers in the Senate
+were on the side of reform as against machine policies, eight generally
+voted with the machine, while the nineteenth gave evidence of being in a
+state of chronic doubt. This gave the reform element a majority of the
+Senate Judiciary Committee. But President Porter had the naming of the
+chairman of the committee, and the order of the rank of its members. The
+Lieutenant-Governor's fine discrimination is shown by the fact that the
+Chairman of the Committee and the four ranking members were counted on
+the side of the machine.
+
+The Assembly committees acted quite as expeditiously on measures which
+had passed the Senate in a form satisfactory to machine interests. Thus,
+the Wright Railroad Regulation bill, which reached the Assembly on March
+12, was reported back to the Assembly by the Assembly Committee on
+Common Carriers the day following, March 13.
+
+It will be seen that the reform majority unquestionably weakened its
+position by permitting the machine minority to organize the Legislature.
+This phase of the problem which confronts the State will be dealt with
+in the concluding chapter.
+
+[1] One of the best witnesses to the viciousness of this measure is
+Governor Gillett, surely an unprejudiced observer. In giving his reasons
+for vetoing the bill, Governor Gillett said:
+
+"I have several reasons for saying that I will veto the bill. One reason
+is that I have always been opposed to it. When I was in the Senate in
+1897 I was against it and again in 1899 I fought it in the Judiciary
+Committee. Two years ago I ignored another such measure that had passed
+through the Legislature, so that I would not be living up to my policy
+of the past if I should sign this bill."
+
+"But even if I had never had the opportunity to record my opposition on
+these different occasions, I should have vetoed the bill anyway, because
+it is a vicious bill. The bill is not a change of venue bill in the
+strict sense of the word. It simply gives the man on trial the right to
+disqualify the Judge on the ground of bias on the slightest pretext."
+
+"The worst feature about the bill is that it grants this right to the
+accused after the jury has been secured. Why, if the defendant didn't
+like the adverse rulings of the Judge he could easily claim bias and the
+law would upheld his demand for another Judge. Think of how that would
+operate in the Calhoun trial in San Francisco. Such a law would cost the
+State thousands of dollars. It's vicious and I will not sign it."
+
+[2] Most suggestively shown in the amendment of the Direct Primary bill.
+
+[3] The seriousness of the mistake made by the reform element in
+acquiescing in Wolfe's election, was emphasized at the time of the
+deadlock in the Senate over the Direct Primary bill. The President of
+the Senate, Lieutenant-Governor Porter - and in his absence the
+President pro tem., Wolfe, - was charged with the duty of calling the
+Senate to order. Inasmuch as it did not suit the machine's interests
+that the Senate should be called to order, the Senators were obliged to
+sit in idleness for hours at a time, while the machine leaders and
+lobbyists were working openly on the floor of the Senate to force
+certain of the pro-primary Senators to join the machine forces. Had
+the President pro tem. been one of the group of Senators who were
+opposing the machine he would have called the Senate to order, thus
+permitting the regular work of the session to proceed. See Chapter 10,
+"Fight on Assembly Amendments."
+
+[4] The action of the Assembly Committee on Public Morals on the
+Anti-Racetrack Gambling bill was a notable exception to this. See
+chapters 6 and 7.
+
+
+
+Chapter II.
+
+
+
+Organization of the Senate.
+
+Anti-Machine Republicans, Led Into a Caucus Trap, Surrendered the
+Appointment of President Pro Tem., Secretary and Sergeant-at-Arms to the
+Machine - Machine Given the Selection of the Standing Committees.
+
+
+
+In the light of the events of the session, the division between the
+machine or "organization" and anti-machine forces in the Senate for
+purposes of organization may be regarded as follows:
+
+Anti-machine - Anthony[5], Bell, Birdsall, Black, Boynton, Burnett[5],
+Cutten, Estudillo, Hurd[5], Roseberry, Rush, Stetson, Strobridge,
+Thompson, Walker (labeled Republicans), Caminetti, Campbell, Cartwright,
+Holohan, Miller, Sanford (labeled Democrats) - 21.
+
+Machine - Hare, Kennedy (labeled -Democrats), Bates, Bills, Finn,
+Hartman, Leavitt, Lewis, Martinelli, McCartney, Reily, Savage, Weed,
+Willis, Wolfe, Wright (labeled Republicans) - 16.
+
+Doubtful - Curtin (Democrat).
+
+Seekers of the winning side - Price and Welch (labeled Republicans).
+
+Curtin is put down as doubtful because, justly or unjustly, he was at
+the opening of the session so regarded. But Curtin's record shows that
+generally speaking from the beginning to the end of the session he voted
+with the anti-machine element. Had the anti-machine forces made a
+determined effort to organize the Senate and demonstrated a strength of
+twenty-one votes, which would have been enough to organize,. Curtin
+would certainly have been with them. The same is true of Welch, and it
+is probably true of Price. This would have given the anti-machine forces
+from twenty-two to twenty-four votes, a safe margin to have permitted
+them to organize the Senate to carry out anti-machine policies.
+
+The machine claquers will no doubt point gleefully to the fact that when
+the test on the Railroad Regulation bills came, Anthony, Burnett,
+Estudillo, Hurd and Walker strayed from the anti-machine fold. This
+objection would have more weight had there ever been an anti-machine
+fold. As a matter of fact, the anti-machine element in the Senate from
+the day the session opened until it closed was unorganized, and without
+leaders or detailed plan of action.
+
+Admittedly Estudillo and Burnett strayed on the railroad regulation
+question, but they did so believing the absolute rate provided in the
+Stetson bill to be unconstitutional. All this will be brought out in the
+chapters on railroad regulation measures, but in passing, it may be said
+that Burnett, in the closing hours of the session, stated on the floor
+of the Senate that he had voted against the Stetson bill and for the
+Wright bill on the understanding that a constitutional amendment would
+be passed setting at rest all question of the constitutionality of the
+absolute rate. The machine leaders misled Senator Burnett. Machine votes
+defeated the amendment.
+
+Anthony, Estudillo and Walker stood out against the machine in the
+direct primary fight which followed the defeat of the Stetson bill, and
+before the fight was over, Burnett had returned to the anti-machine
+forces.
+
+The case of Senator Hurd is not at all creditable to the machine. But
+Hurd's instincts and sympathies are not those of Gus Hartman, Hare,
+Wolfe and Leavitt. Had the anti-machine forces had even semblance of
+organization there would have been no straying, and the accomplishment
+of the legislative session of 1909 would have been more satisfactory to
+the best citizenship of the State.
+
+The fact that the anti-machine forces, without leaders and without
+organization, stuck together so well as they did is one of the most
+extraordinary and at the same time encouraging features of the session.
+
+Although the anti-machine forces numbered a majority of the Senate,
+nevertheless a bare majority of the regular Republican Senators - those
+who were eligible to admittance to the Republican caucus - were with the
+machine. The division in the Republican caucus, counting Welch and Price
+with the machine element, was on machine and anti-machine lines as
+follows:
+
+Anti-machine - Anthony, Birdsall, Black, Boynton, Burnett, Cutten,
+Estudillo, Hurd, Roseberry, Rush, Stetson, Strobridge, Thompson, Walker
+- 14.
+
+Machine - Bates, Pills, Finn, Hartman, Leavitt, Lewis, Martinelli,
+McCartney, Price, Reily, Savage, Weed, Welch, Willis, Wolfe, Wright -
+16.
+
+By time-honored custom it has become a rule for the majority[5a] in the
+Senate - and the same holds in the Assembly - to meet in caucus to
+decide upon the details of organization. This is done on the theory that
+the House should be so organized as to permit the majority to carry out
+its policies as expeditiously and with as little friction as possible.
+By the unwritten rule of the caucus, the majority governs and each
+member who attends the caucus is bound in honor to vote - regardless of
+his individual views or wishes - on the floor of the Senate or Assembly,
+as the majority of the caucus decides. Thus, by going into caucus with
+the sixteen machine Senators, the fourteen anti-machine Senators were
+placed in a position where they were, under caucus rule, compelled to
+vote on the floor of the Senate as the sixteen machine Senators
+dictated. This gave the machine on the floor of the Senate thirty votes
+out of forty on questions affecting organization, and permitted it to
+name the President pro tem., the Secretary of the Senate, the
+Sergeant-at-Arms, and gave it filial voice in the appointment of the
+various attaches.
+
+Had the line of division in the Senate been Republican and Democratic,
+the Republicans in the Senate might very properly have caucused. But
+inasmuch as the machine Republicans stood during the entire session for
+one set of policies, and the anti-machine Republicans for another, the
+caucus was at best an incongruous affair. Especially is this true when
+it is considered that the anti-machine Republicans immediately after
+they had left the caucus united with the anti-machine Democrats in a
+three-months contest with the united machine Democrats and machine
+Republicans. But having surrendered the organization of the Senate to
+the machine, the anti-machine Senators, although in the majority, fought
+under a handicap, finally lost the weaker of their supporters[6], and in
+the end went down in defeat. Had the real majority, rather than the
+artificial majority, of the Senate caucused on organization, that is to
+say, had the anti-machine Republicans and the anti-machine Democrats
+caucused, and organized to carry out the policies for which they stood
+and for which they fought together during the entire session, the
+Republican-Democratic-machine element would have been defeated at every
+turn. But no such policy governed, and the anti-machine Republicans
+waddled after precedent into the caucus trap that had been set for them.
+Later on in the session the anti-machine Republicans and anti-machine
+Democrats did go into caucus together, and by doing so won the hardest
+fought fight of the session.[7]
+
+In the Republican Senate caucus on organization, the machine Senators,
+under the crafty leadership of Wolfe and Leavitt, worked their unhappy
+anti-machine associates much as a playful cat, with a sense of humor,
+toys with a mouse. As the cat lets the mouse think that it has escaped,
+the machine let the anti-machine forces think they were organizing the
+caucus. Leavitt had been leader of the Republican caucus at previous
+sessions but he suffered "overwhelming defeat" at the hands of a
+"reformer." The "reformer" in question was Senator Wright, who had been
+well advertised as the father of the reform Direct Primary law. Before
+the session closed, the anti-machine element was to learn just the sort
+of "reformer" Wright is. Wright, however, in the interest of "harmony,"
+was nominated for caucus leadership by Senator Wolfe. Leavitt's name was
+not even mentioned. The unanimous vote went to Senator Wright, who was
+duly declared elected Chairman of the Senate Republican caucus for the
+Thirty-eighth Session of the California Legislature.
+
+The reformers were also permitted to name the Secretary of the caucus.
+This time a genuine anti-machine Senator was selected, A. E. Boynton.
+
+And then came a question which brought out the gleam of the machine's
+teeth. Senator Boynton moved that Senator Bell, of Pasadena, be admitted
+to the caucus. Somewhat to the discomfiture of the reformers, Bell was
+not admitted.
+
+Senator Bell's case is a suggestive one. He is a Republican, having been
+elected from one of the strongest Republican districts of the State, the
+Thirty-sixth Senatorial District, which takes in Pasadena. But Senator
+Bell was not named by the machine; in fact, he was elected as protest
+against machine methods. The Pasadena Republicans tolerated machine
+domination as long as they could. Then, in 1906, they induced Bell to
+run against the "regular" machine nominee for the State Senate. Bell ran
+as an independent Republican. He overwhelmingly defeated his machine
+opponent. Arrived at Sacramento at the session of 1907, he applied for
+admittance to the Republican caucus.
+
+There was ample precedent for his admittance, but curiously enough no
+anti-machine Republican who had defeated a machine Republican had ever
+been admitted to caucus privileges. In 1902, however, Charles M.
+Shortridge, having failed to receive the nomination for the state Senate
+from Santa Clara County, ran as an independent candidate against the
+regular Republican nominee. The machine supported Shortridge's
+candidacy, and by most questionable methods succeeded in defeating the
+regular Republican. But Shortridge was admitted to the Senate caucus of
+1903 without question. Senator Bell, however, was denied admittance to
+the Republican Senate caucus of 1907, on the grounds that he had
+defeated a regularly nominated Republican. Shortridge had defeated a
+regularly nominated Republican. But Shortridge stood for machine
+policies; Bell stands opposed to machine policies. The machine's policy
+is to keep the caucuses of the dominant party in the Legislature as much
+a close corporation as possible. So in 1907, Bell's application was
+rejected. Bell, throughout the session, opposed machine policies. Both
+for the session of 1907 and of 1909, Senator Bell's record is absolutely
+clean. The machine does not approve such men, nor want them to
+participate in party caucuses.
+
+Senator Bell, who had, although refused admittance to his party caucus,
+done very well in 1907, did not propose to apply for admission to the
+caucus of 1909. But the reform element in the Senate insisted upon
+presenting his name. From machine sources it was intimated to Senator
+Bell that if he would make his peace with Walter Parker, the Southern
+Pacific lobbyist who acts as machine leader south of the Tehachepi, no
+opposition would be offered his admission to the caucus. Bell rejected
+the offer with characteristic promptness. So the anti-machine Senators,
+since they had "organized the caucus," proceeded to admit Bell in the
+face of machine opposition.
+
+But the inexperienced political mouse discovered that it was not out of
+the reach of the claws of the experienced political cat. Boynton's
+motion to admit Bell to the caucus was lost by a vote of 16 to 14.
+
+Had the reform element been organized, however, Bell would have been
+admitted to the caucus. Three Senators, Reily, Savage and Welch, who
+ordinarily voted with the machine, because of personal friendship voted
+to admit Bell to the caucus. But their votes were offset by those of
+Burnett, Estudillo and Hurd.[8] The vote was as follows:
+
+To admit Bell to the caucus - Anthony, Birdsall, Black, Boynton, Cutten,
+Reily, Roseberry, Rush, Savage, Stetson, Strobridge, Thompson, Walker,
+Welch - 14.
+
+Against admitting Bell to the caucus - Bates, Bills, Burnett, Estudillo,
+Finn, Hartman, Hurd, Leavitt, Lewis, Martinelli, McCartney, Price, Weed,
+Willis, Wolfe, Wright - 16.
+
+The Bell matter out of the way, the real work of organizing the Senate
+was taken up. Curiously enough, the only contest came over the election
+of the Chaplain of the Senate; the naming of the President pro tem., of
+the Secretary of the Senate and of the Sergeant-at-Arms was not opposed.
+Senator Price moved that Lewis A. Hilborn be the caucus nominee for
+Secretary of the Senate, and J. Louis Martin for Sergeant-at-Arms. His
+motion carried unanimously. Price also nominated Senator Wolfe for
+President pro tem. Not an anti-machine Senator protested. Wolfe was
+accordingly declared the caucus nominee, with the thirty Senators
+present, machine and anti-machine, obligated to vote for him on the
+floor of the Senate.
+
+The election of a Chaplain was then taken up and several candidates
+nominated for the office. Rev. Father H. H. Wyman being finally
+selected, which, of course, was equivalent to election.
+
+The caucus was held at 9 o'clock of the morning of January 4. At noon of
+the same day a second caucus was held at which it was decided that the
+division of patronage[8a] should be on the following basis: That $18 a
+day should be set aside for the Secretary, Sergeant-at-Arms and
+Chaplain; that the Lieutenant-Governor should be allowed $22 a day, and
+each of the thirty caucus Senators $15 a day. This practically concluded
+Republican caucusing for the session. At previous sessions the
+Republicans caucused practically every day. But before the session of
+1909 had advanced far, the real line that divided the Senators, the line
+that separated the machine from the anti-machine members, had become so
+pronounced that caucuses of machine and anti-machine Republicans became
+impracticable. Senator Wright, toward the end of the session, made
+frantic efforts to get the caucus together; but he failed. The caucus on
+organization was about all that the anti-machine Republicans could
+stand.
+
+As they had left the election of the officers of the Senate to the
+machine, the anti-machine element left the appointing of the Senate
+committees to the machine Lieutenant-Governor.[9]
+
+How well the machine, given the appointment of the committees, fortified
+itself is shown by consideration of practically any one of the
+committees. A few examples will suffice.
+
+There were, for example, three great issues before the Legislature;
+namely, the Anti-Racetrack Gambling bill, a moral issue; the Direct
+Primary bill, a political issue; and the Railroad Regulation bills, a
+commercial issue.
+
+The Anti-Gambling bill was to come before the Public Morals Committee,
+and the machine took good care that not an anti-machine Senator should
+be given a place on that committee. The committee consisted of Weed,
+Wolfe, Leavitt, Savage (labeled Republicans), Kennedy (labeled
+Democrat), all machine men. The committee reported back the
+Anti-Gambling bill under pressure, with the recommendation that it "do
+not pass." Public opinion was such at the time that Savage and Kennedy
+did not vote for the unfavorable recommendation. But Weed, Wolfe and
+Leavitt, a majority of the committee, stood out against the bill until
+the last.
+
+The Direct Primary bill was to be considered by the Election Laws
+Committee and the machine took good care to keep hand upon that
+committee. The committee was made up of seven machine and two
+anti-machine Senators, as follows:
+
+Machine Senators - Leavitt, Hartman, Wolfe, Savage, Wright (labeled
+Republicans), Kennedy and Hare (labeled Democrats).
+
+Every one of the seven opposed the State-wide plan for the selection of
+United States Senators.
+
+The anti-machine Senators on the committee were Estudillo and Stetson.
+
+It is an open secret that the machine expected to control Estudillo
+through Walter Parker, the Southern Pacific political agent. Its failure
+brought some confusion upon machine circles. Thus, the machine really
+thought when it picked the Committee on Election Laws that it controlled
+eight of the nine members.
+
+The Railroad Regulation measures were to be passed upon by the Committee
+on Corporations. The machine took care to be in control of that
+committee. It consisted of eleven members. Seven of the eleven, if
+Burnett who voted with the machine on this issue be counted with them,
+were machine, one was "band wagon[10], which is a trifle worse than
+machine, and three anti-machine, as follows:
+
+Machine - Bates, Wright, McCartney, Burnett, Bills, Finn (labeled
+Republicans), Kennedy (labeled Democrat).
+
+Band wagon - Welch.
+
+Anti-machine - Walker, Roseberry (labeled Republicans), and Miller
+(labeled Democrat).
+
+But here again the machine was more generous than it intended to be. It
+figured on controlling Walker. But in the committee Walker stood out
+manfully for the Stetson bill and against the Wright bill. On the floor
+of the Senate, however, Walker made his one slip of the session, by
+voting for the Wright bill and against the Stetson bill.
+
+It is not necessary to continue consideration of the committees. Enough
+has been said to show how thoroughly the machine minority, given the
+appointment of the committees, strengthened itself in the Senate by
+seizing every strategic position. Indeed, the machine fortified itself
+with such far-seeing intelligence, that one marvels that the
+anti-machine majority was able to offer even temporarily effective
+opposition.
+
+
+
+[5] Anthony's vote was in the majority of cases cast on the side of the
+machine. But the determined stand that he took on the Direct Primary
+bill issue, demonstrated that Anthony, had the anti-machine forces
+maintained any sort of organization, or had they had definite plan of
+action, would have been found consistently on the side of good
+government. Burnett was unquestionably misled by the machine leaders.
+Neither Burnett nor Anthony can be justly classed with Hartman, Wolfe,
+Leavitt, Bills, etc., etc. Hurd, who toward the end of the session voted
+constantly with the machine, and is considered hopeless by many
+observers, nevertheless took active part in the anti-machine caucus on
+the Direct Primary bill, and, had the organization of the Senate been in
+the hands of the anti-machine element, the writer firmly believes, would
+have continued with the reform forces. At any rate, he was available for
+any anti-machine movement that might have been started to organize the
+Senate. Hurd, like Burnett, will have his opportunity in 1911. Both
+Senators hold over.
+
+[5a] In this instance, the Republican Senators. The Senate minority was
+made up of the Democratic Senators, if we make the division on party
+lines. But as a matter of fact, when it came to the real business of the
+session, the Senate did not divide on party lines. The actual division
+was between the machine and the anti-machine Senators. Thus the real
+majority consisted of anti-machine Senators, and the minority of the
+Senators controlled by the machine.
+
+[6] Hurd's case illustrates this very well.
+
+[7] See chapter nine - Machine defeated in the Senate.
+
+[8] Burnett of San Francisco, voted against Bell on partisan grounds,
+and inability to grasp the situation. Estudillo's vote was inconsistent
+with the majority which he cast during the session, while Hurd's was
+inconsistent with those which he cast up to the time of his vote with
+the machine forces against the Stetson bill.
+
+[8a] Up to the session of 1909, the members of the Legislature fixed the
+amount of patronage. At the session of 1907, the payroll of the officers
+and attaches of the Assembly alone ran up to nearly $10,000 a week, or
+more than $1300 a day. But in 1908, the People adopted a constitutional
+amendment limiting the amount of patronage, the money to be expended for
+legislative officers and attaches, to $500 a day for each House. This
+cut the Patronage down something more than one-half, which gave the
+Senators and Assemblymen who divided it great concern.
+
+The development of the patronage scandal during the last decade is
+interesting. At the session of 1901 the Assembly patronage ran about
+$580 a day the Senate patronage about $610. This was only $80 a day more
+in the Assembly, and $110 more in the Senate than the limit now fixed by
+the Constitution.
+
+In 1903, the patronage in the Assembly totaled $6312.50 a week, more
+than $900 a day. In the Senate it was $5612.50, or $800 a day.
+
+The increase continued in 1905. in that year Assembly Patronage totaled
+$7956.50 a week, or $1135 a day, while the Senate patronage was $6002.50
+a week, or $857 a day.
+
+The climax came in 1907, when the Assembly patronage went to $9660.50 a
+week, or $1350 a day, and the Senate patronage to to $6893.50 a week, or
+$985 a day. What it would have been in 1909 had there been no
+Constitutional restriction placed upon it, is a matter for speculation.
+
+[9] See concluding chapter as to how this could have been avoided.
+
+[10] The term "band wagon" was applied during the session to those
+members who were in the habit of joining the winning side at the last
+moment.
+
+
+
+Chapter III.
+
+
+
+Organization of the Assembly.
+
+Independent Movement to Resist the Machine's Program Failed - Reform
+Element Rallied and Rejected Rules Prepared by Committee Appointed by
+Stanton, Which Would Have Placed Majority at Mercy of the
+Machine-Controlled Minority.
+
+
+
+The machine-free members of the Lower House at least did better than the
+reformers in the Senate; they made an attempt to organize the Assembly
+independent of the machine. The effort was, however, as uncertain as
+that of a nestling taking its first lesson in flying. Nothing came of
+the venture; but it indicates what may be done in future.
+
+The organization of the Assembly hinges on the election of the Speaker.
+The machine ordinarily picks the Speaker before the November elections,
+so his election need not stir up any particular enthusiasm. But there is
+always something of a contest started - for the sake of appearances,
+probably.
+
+This year the machine had picked Phil Stanton, of Los Angeles, for the
+job, but Bob Beardslee, of Stockton, was permitted to give Stanton "a
+run."
+
+The San Francisco newspapers along in November and December recorded the
+political ripple of the contest, but the fight was a dead affair, and
+nobody enthused. The play came to a tame ending when Beardslee nominated
+Stanton for the Speaker's job and got the Chairmanship of the important
+Committee on Ways and Means for being good, or taking program, however
+one may view it.
+
+But at one time a real fight for the Speakership threatened. Assemblyman
+Drew, of Fresno, and other stanch anti-machine men, conceived the
+radical notion that it was idiotic for them to sit around like lambs
+waiting to have their throats cut, while the machine organized the
+House. They accordingly decided to take a hand in the organization of
+the Assembly themselves by refusing to vote for any man for Speaker who
+was known to be under the influence of the machine.
+
+Forty-one votes are required to elect the Speaker. The reformers figured
+on the nineteen Democratic members as with them. The Lincoln-Roosevelt
+League had elected Assemblymen from several counties, including Alameda.
+These were naturally counted on. Other reputable Republican members were
+expected to join the movement in numbers sufficient to secure the
+necessary forty-one votes.
+
+The purpose of the leaders of this departure from the regular rules of
+the political game should have commended itself to every good citizen.
+Their idea was to organize the Assembly, not for self-advancement, or
+the promotion of special privileges as the machine leaders do year after
+year, but that good bills might be passed and bad bills defeated; that
+the waste of the public funds might be stopped; that worthy citizenship
+might be placed above predatory partisanship. And yet, they were
+compelled to proceed with the utmost caution; were discouraged at every
+turn, and abused like pickpockets, even by those upon whom they depended
+for support. Gradually it dawned upon them that not a few of the
+Democratic members were not in sympathy with reform legislation. But
+more discouraging still was the fact that certain Republicans elected to
+the Assembly by the Lincoln-Roosevelt faction of the party were as
+little to be depended upon. By consulting the tables "B" and "C" of
+Assembly votes in the appendix, it will be seen that Democrats like
+Baxter, Collum, Hopkins, O'Neil and Wheelan, and Lincoln-Roosevelt
+Republicans like Mott, Pulcifer and Feeley, as a general thing voted
+with the machine Republicans. There were, to be sure, Democrats like
+Gillis, Johnson of Placer, Juilliard, Maher, Mendenhall, Polsley,
+Preston, Wilson, Odom and Stuckenbruck, who were against the machine on
+every issue, but the record shows the utter foolishness of regarding
+either party free of machine influences. Without being able to
+understand just how it was, Mr. Drew and his associates failed to secure
+the encouragement for their independent movement which they expected.
+The stealthy move upon the Speaker's chair was found in some
+unaccountable way to be blocked. Then some cautious soul suggested that
+if they should fail the machine would hold up the appropriation bills of
+those identified with the movement. That settled it. The attempt to
+elect as Speaker some member free of machine influence ended right
+there. The reformers skurried for cover.
+
+The part which the appropriation bills play in the enactment of bad laws
+is one of the least understood of a legislative session. Each session
+money must be appropriated by legislative enactment for the maintenance
+and enlargement, where necessary, of the various State institutions,
+such as hospitals for the insane, reform schools, normal schools, and
+the like. These institutions are not local at all, but State. But the
+Senators and Assemblymen from the counties in which they are situated
+are, by custom, charged with the responsibility of securing the
+appropriations necessary for their support. The San Jose Normal School,
+for example, and the Agnew Asylum for the Insane, are situated in Santa
+Clara County. They are no more Santa Clara County institutions than they
+are Del Norte or San Diego institutions, but the Senators and
+Assemblymen from Santa Clara County are held responsible for the passage
+of the appropriation bills affecting them. Too often, the ability of the
+Assemblyman or Senator is measured, not by his real work in the
+Legislature, but by the size of the appropriations which he manages to
+secure for his district. Under the present system by which the machine
+organizes the Legislature, it is in a position to defeat or materially
+reduce practically any appropriation bill. The member of the Legislature
+who would oppose the machine thus finds himself between the constituents
+at home, who demand that he secure generous appropriations for his
+district, and the machine, which he understands very well requires
+support of its policies as one of the prices of the constituent-demanded
+appropriations. Thus those who would have opposed the machine in the
+organization of the Assembly realized that failure would probably mean a
+hammering of their appropriation bills, which would result in their
+political undoing at home. So the independent movement to organize the
+Assembly came to a sorry ending.
+
+Stanton was elected Speaker without opposition. The "defeated" Beardslee
+placed him in nomination. Complete harmony prevailed. Stanton started
+proceedings by appointing the Committee on Rules. This committee was
+charged with drafting rules for the government of the Assembly during
+the session. It was made up of Assemblymen Johnston of Contra Costa,
+Transue, Johnson of Sacramento, Beardslee and Stanton.
+
+Without the people knowing much about what is going on, the rules
+governing legislative bodies are being amended from time to time, so
+that the power of influencing legislation is being taken out of the
+hands of the duly elected representatives of the people and placed with
+presiding officers and important committees. The "system," or the
+machine, call it what you may, finds it easier to control presiding
+officers and committees appointed by presiding officers, than to control
+Legislatures. This stealthy advance upon the liberties of the people,
+seems to have reached its climax at Washington, where the independent
+members of both parties are in open revolt against "Cannonism." But
+"Cannonism" is not confined to the National Congress alone; in a small
+way it has its hold on the California Legislature. The rules prepared by
+Speaker Stanton's committee were well calculated to give "Cannonism" a
+stronger hold in California, which would have influenced not only the
+session of 1909 but, as a precedent, many sessions to come.[11] The
+proposed rules in saddling "Cannonism" upon the Assembly were well
+calculated to strengthen the machine's grip upon the Legislature.
+
+The departure from the rules of 1907 was most radical. Under the rules
+that governed the Assembly in 1907, committees were required to report
+on each bill referred to them within ten days after the measure had been
+submitted.
+
+The rules proposed by the committee provided that the report should be
+made as soon as "practicable."
+
+The rules of 1907 provided that a mere majority could recall a bill from
+committee.
+
+Under the proposed rules a two-thirds vote would have been necessary.
+
+Under the rules of 1907 a measure could be advanced on the files at the
+request of its author.
+
+Under the committee's rules unanimous consent of the Assembly was made
+necessary for such advancement.
+
+The proposed rules would have enabled the machine forces to smother in
+committee any measure the machine wished to defeat. A two-thirds vote
+would have been necessary to suspend the rules to have a bill recalled
+from committee, that is to say, the votes of fifty-four Assemblymen.
+Twenty-seven Assemblymen could then have held the measure in committee
+until the session closed.
+
+Had the committee-prepared rules been adopted, the probabilities are
+that the battleground of the session would have been transferred from
+the Senate Chamber to the Assembly.
+
+But the proposed rules were not adopted. A fight against adopting the
+committee's report was started by Drew of Fresno. Mr. Drew introduced a
+resolution rejecting the rules submitted by the committee, and
+substituting the rules of 1907, to govern the session of 1909. Johnson
+of Sacramento led the defense that rallied to the committee's report.
+But Johnson's wit failed against the argument which Drew, Callan,
+Preston, Young and Cattell offered. The gentlemen denounced the rules
+which the committee had offered as "vicious, despotic and gagging."
+Drew's resolution was adopted by a vote of 41 to 32, the committee's
+report rejected and the rules of 1907 accepted for the session of
+1909[12]. It was a decided victory for the anti-machine forces, and
+brought gloom to the scheming machine leaders. But it developed later
+that not a few who had voted for the Drew resolution were safely
+machine; while many who had voted against it were anti-machine, but had
+voted against the resolution under misapprehension of just what it stood
+for[13].
+
+Although the reform majority in the Assembly could prevent the adoption
+of the "gag rules," it could not, after it had failed to elect the
+Speaker, govern the appointment of the committees. By and large, the
+Assembly committees were controlled as were the Senate committees by
+machine standbys. The Election Laws Committee, which was to pass upon
+the Direct Primary bill, was safely in machine hands. Grove L. Johnson,
+as Chairman of the Judiciary Committee, herded the young lawyers thereon
+like so many sheep. Johnson was in effect the committee.
+
+The Committee on Corporations and the Committee on Common Carriers,
+before which railroad regulation bills might come, were safely in
+majority for the machine.
+
+One apparent exception to the rule was the Committee on Public Morals,
+which gave the Anti-Gambling bill its start toward passage. But this
+committee, which did so much to secure the passage of the Anti-Gambling
+bill, held up the Local Option bill at Speaker Stanton's request, until
+the last week of the session, thus making its passage in the Assembly
+impossible.
+
+A curious mistake was made by the machine, when Telfer of San Jose was
+made Chairman of the Committee on Contingent Expenses. Telfer is not
+only anti-machine, but possessed of a non-political honesty which proved
+very distressing to the machine before the session was over.
+
+Telfer as Chairman of the committee refused to "O. K." extravagant
+charges for the materials furnished the Assembly. As a result, bills for
+hire of typewriters had to be reduced, pencils counted and other
+astonishing reductions made.
+
+Telfer saved the State several hundred dollars, but caused many a
+heartache. Telfer's appointment to a committee which he made important,
+shows that the machine element as well as the anti-machine sometimes
+makes mistakes. But in spite of its minor mistakes, in spite of the
+anti-machine majority, so admirably did the machine organize the
+Assembly for its purposes, that in the closing days of the session not
+only were vicious measures passed without much difficulty, but the
+Assembly was made the graveyard of good bills[14].
+
+
+
+[11] If ever the People of California secure control of the State
+Legislature through machine-free representatives with the courage to
+dare and the ability to do, one of the most important pieces of work
+will be to sweep aside the mass of precedent which the machine has for
+years been gradually embodying into the rules of Senate and Assembly.
+What is needed is a set of rules that shall promote the expression of
+the wishes of the majority. The curse of technicality does not hamper
+the Judiciary alone; it hampers the legislative branch of government as
+well. Note Wolfe's ability to deadlock the Senate after the Assembly
+Amendments to the Direct Primary bill had been rejected. Chapter XI.
+
+[12] The vote by which this was done was as follows:
+
+For the Drew resolution and against the committee rules: Assemblymen
+Black, Bohnett, Callan, Cattell, Cogswell, Collum, Costar, Cronin, Drew,
+Flint, Gibbons, Hammon, Hanlon, Hayes, Hewitt, Hinkle, Hopkins, Irwin,
+Johnson of Placer, Juilliard, Lightner, Maher, Melrose, Mendenhall,
+Odom, Otis, O'Neil, Polsley, Preston, Rech, Rutherford, Sackett, Silver,
+Stuckenbruck, Telfer, Wagner, Webber, Wheelan, Whitney, Wilson and
+Young. - 41.
+
+Against the Drew resolution and for the committee rules: Assemblymen
+Barndollar, Beardslee, Beban, Coghlan, Collier, Cullen, Dean, Feeley,
+Flavelle, Fleisher, Gerdes, Greer, Griffiths, Hans, Hawk, Holmquist,
+Johnson of Sacramento, Johnson of San Diego, Johnston, Leeds, Macauley,
+McClelland, McManus, Moore, Mott, Nelson, Perine, Pugh, Pulcifer,
+Schmitt, Stanton, Transue - 32.
+
+[13] A gentleman who for a number of years has been identified with the
+reform element in the Assembly, writes of this feature of the machine's
+hold on the Legislature as follows: "One of the principal difficulties
+with the Legislature as it is now constituted and has been for many
+years past, is that the machine or organization always endeavors to
+secure the election of young men who haven't very fixed opinions and who
+are easily influenced; not knowing the machine tactics and the real
+object behind the legislation they do not seem to see the necessity for
+standing firm and for that reason are often led into voting for or
+against measures which they would not were they more familiar with the
+tricks of the machine men. A new grist of legislators is what the
+organization is always looking for. They want a certain number of old
+"stand-bys" who will do their dirty work for a mere pittance or some
+paltry reward, real or anticipated, and with these men to influence and
+control the younger members their purpose is easily, accomplished."
+
+[14] See Passage of Wheelan Bills, chapter XVII; Passage of Change of
+Venue bill, chapter XVI. Examples of good bills defeated in the Assembly
+in the closing days of the session were the Judicial Column bill, and
+the Holohan measure removing the party circle from the election ballot.
+
+
+
+Chapter IV.
+
+
+
+The Machine in Control.
+
+Deliberately Held Up Measures in Committees Until the Close of the
+Session, When Senate and Assembly Were Forced to Take Snap Judgment on
+Hundreds of Measures - In the Confusion Thus Created, Good Bills Were
+Defeated and Bad Ones Passed.
+
+
+
+The Legislature organized, the machine and anti-machine forces settled
+down to the work of the session. The situation was unique. The
+anti-machine element had a comfortable majority in the Assembly and at
+least a bare majority in the Senate. But the machine controlled the
+committees of both Houses, had selected the presiding officers, and had
+dictated the selection of the majority of the attaches. When, for
+example, it was suggested that in the event of a close vote in the
+Senate on the Anti-Racetrack Gambling bill, it might be found necessary
+to send the Sergeant-at-Arms after Senators who might attempt to dodge
+the vote, not a single attache of the Sergeant-at-Arms' office could be
+named who was in sympathy with the movement against the gamblers.
+Incidentally, however, it was discovered that the clerk of the important
+Senate Enrolling and Engrossing Committee had been an employee at Frank
+Daroux's notorious Sausalito poolrooms. These were disquieting
+discoveries for the reform element.
+
+Although the machine controlled the strategic positions of the
+organization of the Legislature, it was still in the minority in each
+House. This meant that the machine could not, in open fight, pass a
+vicious or undesirable measure, or put through any of its schemes. The
+machine's course soon became apparent. If the machine could not put laws
+on the statute books to its liking, it could block the passage of good
+measures. Having crafty leaders in both Senate and Assembly, and, above
+all, controlling the committees, the machine was admirably prepared to
+do this. By employing delaying tactics which would have done credit to a
+specialist in criminal defense, the machine devoted the first two months
+of the session to the blocking of legislation.
+
+The methods employed were very simple. As soon as a bill was introduced
+it was referred to a committee of the House in which it originated. The
+committee would hold the measure until the reform element gave
+indications of protesting[15]. The bill would then be returned. If
+possible it would be further delayed by amendment on second or third
+reading. If finally passed by the House of its origin, it would be sent
+to the other House, where it would be referred to a committee. In the
+majority of cases the committee could hold it indefinitely. In such
+cases as the committees were forced to report on measures that had
+passed the other House, the measure would be amended, which necessitated
+its being reprinted, and again acted upon by the House of its
+origin[16], all of which made for delay.
+
+But it must not be thought that the Senate and Assembly were left in
+idleness during the first two months of the session. Such is by no means
+the case; Senators and Assemblymen never worked harder. The machine
+leaders during the first month of the session craftily kept the members
+wrangling in committees. During the second month the Senate was kept
+working day and night passing comparatively unimportant Senate bills,
+and the Assembly working as hard passing Assembly bills; but the Senate
+passed very few Assembly bills and the Assembly very few Senate bills.
+As a measure must pass both Houses to become a law, few bills were sent
+to the Governor for his approval. Thus during the first two months of
+the session many bills passed in one house or the other, but pitifully
+few passed the Legislature.
+
+The reform element, working sixteen hours a day not unlike so many mice
+in a wheel, were apparently in complete ignorance of the situation which
+they were creating. Senators whose bills had passed the Senate began to
+complain that they could not get the measures out of the Assembly
+committee; Assemblymen whose measures had passed the Assembly were as
+loud in their charges that their bills were being held up in Senate
+committees. The machine actually turned this early dissatisfaction to
+its advantage. Soon it was being announced on the floor of the Assembly:
+"If Senate committees will not act on Assembly bills, then the Assembly
+committees will not act on Senate bills." The Senate made the same
+threats as to Assembly bills. So, for about a week, Senate committees
+openly slighted Assembly bills, while Assembly committees in retaliation
+slighted Senate bills. The situation was very amusing; it was, too,
+highly satisfactory to the machine.
+
+About the first week in March - the Legislature adjourned March 24 - the
+anti-machine members awoke to the fact that in spite of their day and
+night sessions, little had been accomplished. The further disquieting
+discovery was made that the bulk of the Assembly bills which had passed
+the Assembly were being held in Senate committees, while the Senate
+bills which had passed the Senate, were apparently anchored in Assembly
+committees, and that the machine controlled the committees. The reform
+members of each House had good cause for alarm. Every Senator and
+Assemblyman has his "pet" measures. The reform Senators and Assemblymen
+found that to get their bills out of committees they would have to treat
+with the machine. Such a Senator or Assemblyman, with his constituents
+clamoring for the passage of a bill held up in a machine-controlled
+committee, had some claim to pardon if he turned suddenly attentive to
+the machine olive branch. And the machine, by the way, always has the
+olive branch out. Stand in with us, is their constant advance, and we
+will see you through.
+
+As a result of these delaying tactics, literally hundreds of bills which
+had needlessly been held up in committees were forced upon the
+consideration of the Senate during the last three weeks of the session.
+Each House made records of passing more than 100 bills a day. There was
+little pretense of reading the measures as required by the State
+Constitution. The clerk at the desk mumbled over their titles; they were
+voted upon and became laws. In the rush to get through, as will be shown
+by example in other chapters, Senators and Assemblymen voted for
+measures to which they were openly opposed. The machine minority was
+merely reaping the benefits of a situation which the cleverness of its
+leaders had created.
+
+Although machine-advocated and unimportant measures could be passed in
+such a situation, bills which the machine opposed could not be[17].
+Machine-opposed measures were either held up in committees until their
+passage was out of the question, or they were denied consideration in
+Senate or Assembly, or their advocates worn out by the tactics of the
+machine leaders. Senate Bill 220, which removed the party circle from
+the election ballot, passed in the Senate after a bitter contest, was
+held up in the Assembly until five days before adjournment, and then
+denied a second reading. Boynton's Senate Bill 249, providing for the
+arrangement of judicial candidates on the ballot without designation of
+party affiliations, intended to take the Judiciary out of politics,
+which after a long contest passed the Senate, was held up in the
+Assembly until the day before adjournment, when it was denied passage.
+This bill was introduced in the Senate on January 12. So popular was it,
+such was the demand for its passage, that it was not openly opposed. It
+was finally defeated on March 23, the day before adjournment. Thus two
+months and eleven days were required to wear out its advocates.
+
+About March 1, the machine began to crowd the anti-machine element for
+early adjournment. At that time not far from 2000 bills were recorded in
+the Senate and Assembly histories. The action had the effect of a good
+stiff push to a man sliding down hill; the anti-machine forces had the
+votes to prevent adjournment but the machine's adjournment plans added
+considerably to anti-machine discomfiture. Senator Wolfe actually gave
+notice that on Friday, March 5, he would move that the Legislature
+adjourn on March 13. This would have given a fortnight for consideration
+of nearly 2000 bills. At the time of Wolfe's motion, there were pending
+the Direct Primary bill, the Railroad Regulation bills, the Commonwealth
+Club bills, the Islais Creek Harbor bills, and scores of other important
+measures, the passage of which had unnecessarily - albeit most cleverly
+- been delayed.
+
+As a result of clever manipulation, dating from the first day of the
+session, the machine was thus in the closing days, in spite of the
+majority against it, able to pass, amend or defeat measures, pretty much
+as its leaders desired. The anti-machine forces, Republican and
+Democratic, were during those last days, merely reaping the harvest
+which they had sown when they permitted the Democratic-Republican
+machine to take the organization of the Legislature out of their hands.
+
+
+
+[15] The Senate Committee on Election Laws, for example, held the Direct
+Primary bill for thirty-eight days, and finally reported it back so
+amended that it had to be rewritten. See chapters VI and VII on efforts
+of the machine to hold the Anti-Racetrack Gambling bill in committee.
+
+[16] It was stated on the floor of the Assembly, that were the Ten
+Commandments to be adopted by the Assembly, the Senate would find some
+excuse for amending them.
+
+[17] The most astonishing example of this was furnished by the passage
+of the Change of Venue bill in the Senate. See chapter XVI.
+
+
+
+Chapter V.
+
+
+
+Election of United States Senator.
+
+Opposition to Perkins Overcome by the Dead Weight of the Machine
+- Movement Against His Re-election Failed for Want of Leadership
+- Proceedings Without Warmth or Enthusiasm.
+
+
+
+No funeral was ever attended by greater somberness than was the
+re-election of George C. Perkins to the United States Senate, January
+12-13, 1909. The nominating speeches were made without enthusiasm; not a
+cheer greeted Senator or Assemblyman charged with the task of putting
+the aged Senator in nomination. Pulcifer of Alameda, who made the
+nominating speech in the Assembly, was received with icy calmness. Even
+when the Alamedan referred to the veteran Senator as "one whose hair has
+grown white and whose eyes have grown dim in the service of his
+country," not so much as a ripple of applause stirred the chamber. When
+the speaker concluded his review of the Senator's life and political
+career, the incipient murmur of approval which somebody started died
+away for want of vitality.
+
+In the Senate, the task of nominating Perkins fell to Stetson of
+Alameda. But Stetson's nominating speech was received with no more
+enthusiasm than was that of the shifty Pulcifer. The "system," the
+"organization," the "machine," have it as you will, returned George C.
+Perkins to the United States Senate. The people of California had no
+voice in it, nor, for that matter, the Legislature, although the
+majority of the Legislature was opposed to the machine. In carrying out
+the ignoble part prepared for them - prepared for them by the "machine"
+which a majority of them opposed - the members of Senate and Assembly
+went through the forms prescribed without a hand clap and without a
+cheer.
+
+But it must not be thought that the re-election of Senator Perkins was
+without opposition. Indeed, it met with the same sort of honest but
+ineffective resistance that attended the election of Stanton to the
+Speakership of the Lower House. And like the campaign against Stanton
+the opposition to Perkins got nowhere because of the lack of leadership,
+organization and plan of action on the part of the resisting
+legislators.
+
+The machine had been preparing for Perkins' re-election for months; but
+the opposition to Perkins made no move until after the November
+elections.
+
+The first outward sign of opposition came from Assemblyman E. J. Callan
+of the Thirty-ninth District, the fighting reform district of San
+Francisco. Callan, three or four weeks before the Legislature convened,
+fell into a trap which the wily Alameda County politician had set some
+time previous. Perkins had long before invited criticism of his
+"record," which meant his votes on issues that had been passed upon by
+the United States Senate. As a matter of fact, such votes mean little,
+for the misplaced "courtesy of the Senate," under which schemers betray
+the people, makes it possible for even recognized "reformers" to be
+forced to vote against most desirable measures. The other fellows of the
+Perkins stripe when brought to book on their "record" can always give in
+defense: 'Why, your reformer, Senator So and So, did the same thing.' To
+be sure, a La Follette does kick over the traces once in a while, in
+which event he usually votes alone, while the solemn victims of
+"courtesy" vote against him according to Senatorial custom, not to use
+the more expressive word, stupidity.
+
+Thus, when Perkins craftily invited his opponents to attack him on his
+record, they dodged the trap gingerly, all save Callan. Callan didn't
+walk, he rushed into it, sending a scathing letter to Perkins on that
+gentleman's Senatorial record. Perkins' reply and explanation came as a
+counter blow. The fire was tempered out of Callan's letter. Callan had
+permitted Perkins to select the fighting ground, and Perkins had
+exhibited admirable judgment.
+
+The attack on Perkins had better been made on his attitude toward the
+shipping interests of California - the development of the isthmian route
+to New York, for example; on his attitude toward the machine, whose
+strangle-hold upon the State is locked with federal patronage; on his
+attitude toward the so-called "Roosevelt policies"; on his attitude
+toward the Roosevelt administration, upon which he hung with the dead
+weight of crafty, persistent obstruction. There were plenty of
+vulnerable points in the Perkins armor, but naturally in selecting the
+point of attack, Perkins carefully avoided them. So Callan's bolt
+rebounded harmlessly, to the astonishment of the various well-meaning
+reformers, and the intense satisfaction of the machine, whose somewhat
+anxious leaders recognized full well that Callan's discomfiture would
+discourage attacks from other possibly effective sources.
+
+The next move against Perkins came the week before the Legislature
+convened. A number of anti-machine Republicans met at San Francisco to
+canvass the situation, and formulate a plan to defeat Perkins if
+possible. It was found that on joint Senate and Assembly ballot, the
+Democrats would have twenty-nine votes and the Republicans ninety-one.
+Sixty-one votes are required for the election of a Senator. The
+Republicans at the meeting considered these twenty-nine votes as with
+them in the selection of an anti-machine Republican for Perkins' place.
+The anti-machine Republicans thus in revolt against the machine,
+themselves numbered twenty Senators and Assemblymen, which made
+forty-nine votes against Perkins. In addition, an even dozen Republican
+Senators and Assemblymen were counted upon as willing to vote against
+Perkins if his defeat could be shown to be certain. This would have
+given the anti-Perkins element sixty-one votes, just enough to elect.
+For one of their number to fail, meant a deadlock; for two, if
+Republicans, to fail meant Perkins' election. It was a slender chance,
+but the possibility of success kept the movement alive until the hour of
+the Senatorial caucus.
+
+Those who were promoting the movement were not at the time aware that
+six of the Democratic Assemblymen and one of the Democratic Senators
+were governed by such high conceptions of their duties as citizens and
+responsibilities as legislators, that they were to cast their votes in
+the Senatorial election for a San Francisco saloon keeper, on the ground
+that he is a "good fellow" and had "spent money liberally for the
+party." This of itself made the defeat of Perkins impossible.
+
+The anti-Perkins forces were also handicapped by the fact that they had
+no candidate. The machine had been craftily booming Perkins for years;
+the reformers had boomed nobody[19]. They were, then, without material
+for a positive fight; all they could do was negative, which is always
+confession of weakness. In addition, aside from the Bulletin, there was
+no San Francisco publication that could be counted upon to back their
+movement. The Call was openly supporting Perkins. The movement against
+Perkins, while it admittedly represented the attitude of the majority of
+the electors of the State, and the feeling of a safe majority of both
+Houses of the Legislature, was without one element of real strength[20].
+
+Under the United States Revised Statutes, the Legislature was called
+upon, to proceed on the second Tuesday after organization, to elect
+Senator Perkins' successor. As the Legislature had organized on January
+4, the second Tuesday fell on January 12. The call for the Republican
+caucus to go through the form of selecting a candidate for the Senate,
+was circulated the third and fourth days of the session. The Republican
+Senators all signed it, not a few of them with the non-resistance of a
+wretch in the hands of a hangman.
+
+More opposition developed in the Assembly. Callan and three or four
+others kept up their resistance to the last, but when the caucus
+assembled on Friday evening, January 8, all the Republican Senators and
+Assemblymen who could do so were in attendance[21].
+
+The caucus was of course hopelessly programmed for Perkins.
+Nevertheless, the better element of the party endeavored to secure some
+expression from Senator Perkins as to his attitude toward the Western
+transportation problem. This led to a heated debate which kept the
+caucus in session until a late hour. The debate turned on the celebrated
+Bristow letter.
+
+For years, the Southern Pacific Railroad Company has been able to
+prevent effective water competition by way of the Isthmus of Panama. The
+Government has a line of steamers running from New York to the Isthmus,
+and a railroad line across the Isthmus. With an additional line of
+steamers running from San Francisco to Panama, the Government would have
+a through line from San Francisco to New York. This would give genuine
+competition with the Southern Pacific system, and free the State from
+the grasp of the transportation monopoly.
+
+In August, 1907, Hon. J. L. Bristow, now United States Senator from
+Kansas, was appointed a Special Panama Railroad Commissioner, to
+investigate the necessity and feasibility of putting on the Pacific
+line. Mr. Bristow, in a report that fairly sizzled with criticism of
+Southern Pacific and Pacific Mail Steamship Company methods, recommended
+that the government line be established. When Pacific freight rates were
+arbitrarily raised just before the Legislature convened, shippers of the
+State appealed, not to Senator Perkins or to Senator Flint, but to
+Senator Bristow from interior Kansas, asking that he concern himself
+with having government steamers put on the San Francisco-Panama route.
+Bristow replied that he would do what he could, that he was receiving
+many letters from Western shippers who favored the plan, but that the
+chief difficulty in the way was the opposition of the California
+delegation in the Senate.
+
+This Bristow letter caused all the trouble at the Perkins caucus. The
+suggestion was made that Perkins owed it to the State to explain the
+charges brought against him by the Senator from Kansas. A resolution was
+accordingly introduced providing that a telegram be sent Senator Perkins
+calling upon him to state whether the charge made by Senator Bristow
+were true.
+
+Immediately the pro-Perkins people assumed the dignified position that
+such a telegram would be an insult to the venerable Senator from
+California. Nobody seems to have taken the trouble to state that the
+Bristow charges were untrue, but that the requesting of the Senator to
+answer them would be an insult to that dignitary was made subject of the
+warmest oratory. So warm was it, that the opposition to Perkins melted
+away like wax - or putty, if putty melts - until but five members of the
+caucus had the courage to vote to ask Perkins to declare himself on the
+transportation problem. Callan of San Francisco voted for it, so did
+Drew of Fresno, so did Young of Berkeley and two others. But 77 members
+of the caucus voted against the resolution. Senator Perkins was
+permitted to maintain a dignified silence on the Bristow charges. After
+the vote on the resolution, Assemblyman Callan left the caucus.
+
+But even with the Republican caucus nomination, Perkins did not receive
+the entire Republican vote. In the Assembly, Callan voted for Chester
+Rowell of Fresno, and Sackett for Thomas R. Bard of Ventura. Fifty-six
+of the Assembly votes, however, were cast for Perkins.
+
+In the Senate, Perkins received thirty-two votes. The thirty regular
+Republicans voted for him, as did Senator Bell, the
+Independent-Republican, and Senator Caminetti, Democrat. Senator
+Caminetti voted for Perkins because Caminetti regarded Perkins, as
+nearly as could be determined, the choice of the electors to whom
+Caminetti owed his election. Caminetti believes that the United States
+Senator should be selected by the people of the State. The nearest he
+could get to this was to ascertain the wishes of the people of his
+district. He was convinced that the people of his district wished to see
+Perkins re-elected. So, regardless of partisan considerations, Caminetti
+the Democrat voted for Perkins the Republican. Caminetti's explanation
+of his vote is worthy of the most careful consideration[22].
+
+The regular candidate of the minority for the Democratic complimentary
+vote was J. O. Davis, a gentleman of the highest character. But eight of
+the Democratic members voted against him. Seven of the eight,
+Assemblymen Black, Collum, Hopkins, Lightner, O'Neil and Wheelan and
+Senator Hare voted for Harry P. Flannery, a San Francisco saloon-keeper;
+the eighth, Senator Kennedy, voted for William H. Langdon. Six
+Democratic Senators and thirteen Democratic Assemblymen voted for Mr.
+Davis. They were: Senators Campbell, Cartwright, Curtin, Holohan,
+Miller, and Sanford; Assemblymen Baxter, Gibbons, Gillis, Irwin, Johnson
+of Placer, Juilliard, Maher, Mendenhall, Odom, Polsley, Preston,
+Stuckenbruck and Webber.
+
+
+
+[19] It is interesting to note that when a good citizen gives effective
+resistance to the machine, that the machine invariably starts the cry -
+"He is a candidate for the United States Senate." The open candidacy -
+and liberal advertising - of a machine man for the Federal Senatorship
+causes no adverse comment. For an anti-machine man to so aspire - or the
+suspicion in machine breasts that he so aspires - is heralded as
+evidence of his complete unworthy and irresponsibility.
+
+[20] But when the machine Republicans of a State unite with Democrats to
+elect a machine man to the Federal Senate, no such difficulties attend
+them. Note the election by a coalition of machine Republicans and
+machine Democrats in Illinois of "Billy" Lorimer, the notorious "blond
+boss" of the stockyards, to the United States Senate.
+
+[21] Senator Bell, although a Republican, was excluded because he would
+not make his peace with Walter Parker, the Southern Pacific boss of the
+political district lying south of Tehachepi. See Chapter 11,
+Organization of the Senate.
+
+[22] Caminetti's explanation of his vote, as printed in the Senate
+Journal, is in full as follows:
+
+"Mr. President: During the campaign of 1906, in the Tenth Senatorial
+District, resulting in my election as Senator, I made the question of
+'The election of United States Senators by direct vote of the people'
+one of the leading issues upon which I asked the suffrage of the people.
+I then pledged myself in all my speeches and in the press, to endeavor
+to secure the passage of a law by the Legislature in case of my election
+having that object in view, and in case of failure in the effort I would
+nevertheless follow that principle and vote for the choice of a majority
+of the qualified electors of that district in the selection of a Senator
+during my term of off cue.
+
+"The last session of the Legislature failed to enact the necessary
+legislation on the subject, but the people of my district have
+nevertheless plainly indicated to me that Hon. George C. Perkins was at
+the last election, and now is, their choice for the United States
+Senatorship.
+
+"Under these circumstances I feel in honor bound by my pledges to the
+people of the Tenth Senatorial District, to record the choice of a
+majority of the qualified electors thereof for Hon. George C. Perkins
+for United States Senator, hoping in so doing that it will never again
+be necessary for a member of the Legislature to vote the choice of the
+people of his district in this, or any other, indirect way, but that
+this Legislature will rise superior to partisanship and give to the
+people hereafter an opportunity, under suitable laws, to vote directly
+for candidates for that office. Should this Legislature fail in this
+high duty to the public, I trust that the people, in whom all power
+resides, will hereafter take up this matter in the way the people of the
+Tenth Senatorial District did two years ago, and thus be able in all
+legislative districts of the State to record their choice for the
+exalted office of United States Senator."
+
+
+
+Chapter VI.
+
+The Anti-Racetrack Gambling Bill.
+
+Supporters of the Measure Knew What They Wanted, Drew a Bill to Meet the
+Requirements of the Situation and Refused to Compromise with the Machine
+Element - Suggestive Series of "Errors" Attended Its Passage.
+
+
+
+Of the three principal reform measures considered by the Legislature of
+1909 - the Direct Primary bill, the Railroad Regulation bill and the
+Anti-Racetrack Gambling bill - the last named was the only one to
+become a law untrimmed of its effective features. The Anti-Racetrack
+Gambling bill passed the Assembly, passed the Senate and was signed by
+the Governor precisely as it had been introduced; there was not so much
+as the change of a comma allowed. The result is an anti-gambling law on
+California statute books which if it work as well as it has in other
+States will prevent bookmaking and pool-selling, thus relieving horse
+racing of the incubus which has made the sport of kings
+disreputable[23].
+
+Since the reform element succeeded in passing the Anti-Racetrack
+Gambling bill without amendment, there is widespread opinion that there
+was no opposition to its passage. As a matter of fact, nothing is
+farther from the truth. Before a legislator reached Sacramento, the
+pro-gambling lobby was on the ground, and continued its hold-up process
+until the Assembly, by a vote of 67 to 10, passed the measure, and by a
+vote of 57 to 19 refused to grant it reconsideration.
+
+The writer remembers his first poll of the Senate on the anti-gambling
+issue, when only nineteen Senators could be safely counted for it[24];
+twenty-one were necessary for its passage. To be sure, a number of the
+Senators not included in the list of the nineteen who were from the
+beginning safe for the measure, were pledged to vote for an anti-pool
+selling bill, but this did not necessarily mean the effective
+Walker-Otis bill which had been drawn to prevent pool selling and
+bookmaking. Not a few unquestionably figured on voting for a bill that
+would place them on record as against racetrack gambling, but do
+racetrack gambling little or no harm.
+
+These uncertain ones were blocked in their plan of action because the
+proponents of the Anti-Gambling bill knew just what they wanted to do,
+namely, close up poolrooms and bookmakers' booths. They took the most
+effective way to close them up, namely, adapted to California
+Constitution and criminal practice, the Hughes anti-gambling law, the
+adoption of which Governor Hughes forced in New York, and which in New
+York State had proved most effective.
+
+The bill was drawn carefully and its backers in the Legislature and out
+of the Legislature let it be known that no amendment, not so much as to
+change a comma, would be tolerated. The measure was introduced in the
+Senate by Walker of Santa Clara, and in the Assembly by Otis of Alameda.
+It was known as the Walker-Otis bill.
+
+This determined stand for the passage of the measure just as it had been
+drawn thoroughly alarmed the gambling lobby. "Reformers" who would not
+"compromise" proved a new experience. The machine never compromises
+until it is whipped. Accordingly, when public opinion demanded action on
+the Walker-Otis bill, the machine Senators began to talk of compromise.
+In fact, up to the hour of the vote on the bill in the Senate, Senator
+Wolfe did not stop whining compromise. In his speech against the passage
+of the bill, just before the final vote was taken he insisted: "There
+should have been a compromise measure agreed upon, a bill for which we
+all could have voted."
+
+The moment before Wolfe had been warning the Senate that to pass the
+Walker-Otis bill would tend to wreck the Republican party in California.
+Just what the Walker-Otis bill had to do with Republican policies Mr.
+Wolfe would no doubt have difficulty in answering. But the measure did
+have much to do with machine policies. The machine had prevented the
+passage of the Anti-Gambling bill two years before, and was prepared to
+prevent the enactment of an effective anti-gambling law at the session
+of 1909. Senator Wolfe undoubtedly fell into the common error of
+mistaking the machine for the Republican party.
+
+However, the spirit of no compromise which gave Senator Wolfe so much
+concern saved the Walker-Otis bill, and has given California an
+effective law. The lesson of the incident is that if effective laws are
+to be placed on the statute books, there can be no compromise with the
+machine. There was compromise with the machine in the direct primary
+issue, with the result that the Direct Primary law is in many respects a
+sham. But that is another story to be told in another chapter. The
+anti-machine element did not compromise with the machine on the
+Walker-Otis bill, with the result that an effective law was passed.
+
+ From the beginning, the anti-gambling element let it be known that no
+suggestion of compromise would be entertained. They announced boldly
+that if the machine succeeded in amending the measure, they, the
+anti-gambling Senators and Assemblymen, would work to prevent the
+passage of the amended bill. The position of these members of the
+Legislature who did not propose to be sidetracked by machine trickery is
+well illustrated by an interview with Senator Walker, which appeared in
+the Sacramento Bee on January 19.
+
+"If the Hughes bill can not pass the California Legislature in the form
+that it was passed in New York," said Senator Walker, "I shall vote
+against the compromise or the amended bill. The people of California
+have made clear their desire that an effective anti-gambling law, such
+as New York enjoys, be placed on the statute books. To substitute
+anything else would be betrayal."[25]
+
+So there was no compromise with the machine on the Walker-Otis bill, and
+the people were not betrayed, as they were to be later in the passage of
+the Direct Primary bill and the, Railroad Regulation bill, where there
+was compromise with the machine.
+
+When the machine found there was to be no compromise, a curious series
+of mishaps became the lot of the Walker-Otis bill, particularly in the
+Senate. The measure, when introduced, was, in the ordinary course of
+legislation, referred to the Senate Committee on Public Morals. But it
+did not reach that committee until several days after its introduction.
+When the discovery was made that it had not reached the committee, a
+sensation budded but never bloomed. The facts, however, were brought out
+that the measure had been reposing in the pocket of a clerk instead of
+going to the committee. This "error" was corrected, and the bill turned
+over to its proper custodians.
+
+Then came the discovery that the bill had not been properly printed;
+three words had been left out of the printed bill in the State printer's
+office. This "error," as soon as discovered by Senator Walker, was
+corrected. It was declared to be "trivial." But the "trivial"
+typographical and clerical errors in the Direct Primary bill in the
+final count gave the machine its opportunity to amend the measure to
+machine liking. The writer has no doubt in his own mind that the machine
+aimed to delay the passage of the Walker-Otis bill until the end of the
+session, as it did the Direct Primary bill, and then amend it to suit
+machine purposes or defeat it altogether.
+
+Error even attended the recording of the passage of the bill. After a
+measure has passed the Senate, its title must be read and approved, and
+an order made transmitting it to the Assembly, all of which must be
+recorded in the Senate journal. The printed Senate journal of February
+4, however, the day the bill was passed, merely recorded the passage of
+the bill. Nothing appeared about its title having been read, or that it
+had been transmitted to the Assembly. Walker discovered this "error,"
+and a hasty inspection of the original minutes followed. The original
+minutes contained the proper record as follows: "Title read and
+approved. Bill ordered transmitted to the Assembly." But the two
+sentences had been omitted from the printed journal. The patient Walker
+had the correction made. None of these irregularities, however, resulted
+in serious delay. Those behind the measure watched their opponents
+closely, refused utterly to treat them with the "courtesy due Senators,"
+in fact, acted under the assumption that the gambling element would stop
+at nothing to defeat the bill. This watchfulness is an important
+although comparatively minor reason why the bill was passed.
+
+Then came the machine's move to pass "an anti gambling bill" as a
+substitute for the Walker-Otis measure. Martinelli in the Senate and
+Butler in the Assembly had introduced an Anti-Pool Selling, Anti-Book
+Making bill. The measure had much to commend it but was by no means so
+effective as the Walker-Otis bill. As a last straw, the gambling element
+grasped at the Martinelli-Butler bill, and threw their influence on the
+side of its passage. But here they again met with the uncompromising
+resistance of the reform element. There was nothing left for the machine
+to do but make its fight on the floor of Senate and of Assembly. And the
+fight came on in a way and with a suddenness which brought consternation
+upon the machine forces.
+
+
+
+[23] The Walker-Otis bill is in full as follows:
+
+Section 1. A new section is hereby added to the Penal Code to be known
+as Section three hundred and thirty-seven a thereof and to read as
+follows:
+
+aye. Every person, who engages in pool selling or bookmaking at any time
+or place; or who keeps or occupies any room, shed, tenement, tent,
+booth, or building, float or vessel, or any part thereof, or who
+occupies any place or stand of any kind, upon any public or private
+grounds within this State, with books, papers, apparatus or
+paraphernalia, for the purpose of recording or registering bets or
+wagers, or of selling pools, or who records or registers bets or wagers,
+or sells pools, upon the result of any trial or contest of skill, speed
+or power of endurance, of man or beast or between men or beasts, or upon
+the result of any lot, chance, casualty, unknown or contingent event
+whatsoever; or who receives, registers, records or forwards, or purports
+or pretends to receive, register, record or forward, in any manner
+whatsoever, any money, thing or consideration of value, bet or wagered,
+or offered for the purpose of being bet or wagered, by or for any other
+person, or sells pools, upon any such result; or who, being the owner,
+lessee, or occupant of any room, shed, tenement, tent, booth or
+building, float or vessel, or part thereof, or of any grounds within
+this State, knowingly permits the same to be used or occupied for any of
+these purposes, or therein keeps, exhibits or employs any device or
+apparatus for the purpose of recording or registering such bets or
+wagers, or the selling of such pools, or becomes the custodian or
+depositary for gain, hire or reward of any money, property or thing of
+value, staked, wagered or pledged, or to be wagered or pledged upon any
+such result; or who aids, assists or abets in any manner in any of the
+said acts, which are hereby forbidden, is punishable by imprisonment in
+a county jail or State prison for a period of not less than thirty days
+and not exceeding one year.
+
+[24] Had not the people of the Twenty-ninth and Thirty-first Senatorial
+Districts revolted against the machine at the general election of 1908,
+the Walker-Otis bill would probably have been defeated in the Senate. In
+the chapter dealing with the passage of the Miller-Drew Reciprocal
+Demurrage bill, it will be shown how the Democratic Senators Holohan and
+Campbell were elected in the Republican Twenty-ninth and Thirty-first
+Senatorial Districts, not because they were Democrats, but because the
+Republicans of those districts, recognizing the real issue before the
+State - the machine against the anti-machine element - voted for Holohan
+and Campbell, knowing them to be for good government and a "square deal"
+for all. Holohan and Campbell were from the beginning foremost in their
+support of the Anti-Racetrack Gambling bill. To be sure, at the final
+vote, only seven Senators voted against the measure. But it is generally
+conceded that when the session opened, the gamblers had nineteen
+Senators who could have been prevailed upon to vote against an effective
+anti-gambling bill. Had machine men sat in the seats occupied by Holohan
+and Campbell, the gamblers would have had twenty-one votes in the
+Senate, and the Walker-Otis bill would have been defeated.
+
+[25] Much of the credit for this determined stand is due Earl H. Webb,
+president of the Anti-Racetrack Gambling League, who managed the fight
+for effective anti-racetrack gambling legislation not only during the
+session of the Legislature, but before the Legislature convened. Mr.
+Webb first convinced himself that the Walker-Otis bill would stop pool
+selling and bookmaking; and that the measure would stand the test of
+honest interpretation by the courts. Then he made his fight for it. To
+Mr. Webb, more than to any other one person, is due the credit for its
+passage.
+
+
+
+Chapter VII.
+
+Passage of the Walker-Otis Bill.
+
+Anti-Machine Element Forced the Issue and Compelled Early Action on the
+Measure - Evidence That Machine Planned to Defeat or Amend the Bill by
+Delaying Its Passage Until Toward the End of the Session.
+
+
+
+As one looks back over the exciting first five weeks of the session,
+when the Walker-Otis bill was under consideration, it is plain that the
+machine would have preferred to have made its initial fight in the
+Senate. If defeated in the Senate, the enemies of the measure could have
+jockeyed for delay, prevented the passage of the measure until the
+closing hours of the session, and then killed it or forced its
+supporters to accept amendments.
+
+But the initial fight did not come in the Senate. The Assembly was the
+battle-ground. The reason for this lies principally in the fact that
+while Assemblyman W. B. Griffiths, of Napa, raises fast horses, he is not
+a gambler, and is as much opposed to the bookmaking, pool-selling
+features of the track as Senator Walker himself. Griffiths was made
+chairman of the Assembly Committee on Public Morals. While this
+committee has sundry sins to answer for, nevertheless it made an
+astonishingly clean record on the Walker-Otis bill. On January 18, less
+than three weeks after the Legislature had assembled, Chairman Griffiths
+called his committee together to take up the Walker-Otis bill.
+
+Of the nine members of the committee, seven were present, Mott and
+Mendenhall alone failing to answer to their names. Those present were:
+Griffiths, Cattell, Young, Dean, Perine, Fleisher and Wilson. The seven
+members went through the bill paragraph by paragraph and decided
+unanimously to recommend it for passage.
+
+Had a dynamite bomb been set off under the Emeryville gambling
+establishment, greater consternation could scarcely have seized upon the
+pro-gambling element. The gamblers realized that the committee's prompt
+action threatened the machine's plan to delay action on the measure
+until the closing days of the session. For the moment all interest
+centered in Mott and Mendenhall, the two members of the committee who
+had been absent when the measure had been considered. Twenty-four hours
+developed the fact that Mendenhall sanctioned the action of his seven
+associates. This made eight of the nine committeemen for the bill. But
+the ninth member, Assemblyman Mott of Alameda County, was very much
+offended at what the committee had done.
+
+Assemblyman Mott was elected as a Lincoln-Roosevelt League member.
+Probably the Lincoln-Roosevelt League does not like to be reminded of
+that unfortunate fact. But the lesson of Mr. Mott is so necessary for
+the Lincoln-Roosevelt League and all other reform movements that the
+conspicuous part which Mott played against reform policies cannot be too
+much insisted upon. To be sure, Mr. Mott voted for the bill when it was
+up for passage - the Lincoln-Roosevelt Republican platform of his county
+pledged him to it. But there is a deal of difference between supporting
+a measure and voting for it[26].
+
+Mott was very much offended at what the committee had done and demanded
+that another meeting be held. Such a meeting, to accommodate Mr. Mott,
+was held - held in the office of Speaker Phil Stanton; held behind
+closed doors; held with Jerk Burke, Southern Pacific lobbyist, safely
+entrenched across the hall from Speaker Stanton's office in the back
+office of Sergeant-at-Arms Stafford[27].
+
+But Mott failed to change the position of his eight associates. The
+further consideration of the measure by the committee which he demanded
+was denied. He accordingly took the fight for reconsideration to the
+floor of the Assembly. The fact that eight of the committee were against
+him, apparently had no weight at all with Mr. Mott.
+
+Failing to force the committee to reconsider its action in recommending
+that the bill pass, Mott told his troubles to the Assembly. In the
+Assembly Mott moved that the measure be re-referred to the Committee on
+Public Morals, eight members of which had joined in recommending that it
+"do pass."
+
+The motion was lost by a vote of 53 to 23. This was recognized as the
+test vote in the Assembly on the Anti Racetrack Gambling bill. That the
+opponents of the bill failed to make a better showing fairly paralyzed
+the pro-gambling lobby. Mott, chagrined and discomfited, retired in
+confusion[28].
+
+Assemblyman Gibbons managed at this point to tie the bill up for another
+day, by giving notice that on the day following, he would move that the
+vote by which the bill was refused reference to the Committee on Public
+Morals be reconsidered. The day following Mr. Gibbons made his motion
+but was voted down, thirty Assemblymen supporting and forty-eight
+opposing him[29].
+
+The Gibbons motion having been disposed of, Assemblyman Butler moved to
+amend the measure, by substituting for it the Martinelli-Butler bill.
+But again did the anti-gambling element force the issue. The motion was
+lost by a vote of 23 to 52.
+
+Other proposed amendments having been voted down, Mr. Otis moved that
+the bill be put on its passage the next day, January 21. This was a
+final blow at the machine's purpose to delay the passage of the bill as
+long as possible, and was met with determined opposition. But the motion
+prevailed by a vote of 44 to 32.
+
+The bill was on the following day put upon its final passage. The writer
+considers the real test vote on the bill was cast on Mott's motion to
+refer the measure back to the Committee on Public Morals. The vote on
+the passage of the measure counts for little under the circumstances.
+Sixty-seven Assemblymen voted for it; only ten - and every one of them
+from San Francisco - voted against it.
+
+By consulting the table showing the six votes on this bill - Table "D"
+of the appendix - it will be seen that eleven of the twenty-three
+Assemblymen who voted for Mott's motion to refer the measure back to the
+Committee on Public Morals voted for its final passage. Two, Baxter and
+Schmitt, who had voted for the Mott resolution, were absent when the
+final vote on the bill was taken, leaving only ten who had voted for the
+Mott resolution to vote against the bill. The eleven who had voted for
+Mott's motion, but who switched to safety when the vote on the bill's
+passage came, were: Beardslee, Greer, Johnson of Sacramento[30], Johnson
+of San Diego, Johnston of Contra Costa, Moore, Mott, Nelson, Odom,
+Wagner, Webber - 11.
+
+There was just one more parliamentary move by which the Walker-Otis bill
+could be delayed in the Assembly, to give notice of a motion to
+reconsider the vote by which the measure had been passed. Grove L.
+Johnson came to the rescue with the notice. This tied the bill up for
+another twenty-four hours. On the 2nd Johnson made his motion to
+reconsider but was defeated by a vote of nineteen to fifty-seven.
+
+The table of the six votes on the Walker-Otis bill shows at a glance who
+voted consistently for the measure on all of the numerous roll calls;
+who voted consistently against it; and who were pulled backward and
+forward, voting one moment to satisfy the public demand that the bill be
+passed, and the next on the side of the gambling interests[31].
+
+Public opinion was running high for the passage of the Walker-Otis bill
+by the time the measure reached the Senate, after passing the Assembly,
+but the bill might still have been held up in the Senate committee[32]
+had it not been for the ridiculous attack which Tom Williams, president
+of the California jockey Club, made upon all who supported the measure,
+or all who Williams thought supported it.
+
+The occasion was a public hearing before the Senate Committee on Public
+Morals, at which Williams was asked to present the side of the opponents
+of the bill. The crowd that filled the Senate chamber expected from
+Williams some reasons why the measure should be denied passage, but it
+was disappointed.
+
+Instead of giving reasons in support of his position, Williams
+introduced the methods of the barroom into the Senate chamber. He
+dramatically gave Rev. Frank K. Baker, of Sacramento, the lie, under
+conditions which stamped Williams as a bully and a coward. His
+uncalled-for attack on Dr. Baker would have killed his argument, but not
+content with this, he made probably the most astounding attack on the
+Protestant clergy of the country ever heard in California, certainly the
+most astonishing ever heard in the Senate chamber of the State[33].
+
+The racetrack man's tirade did not give the reasons for continuance of
+gambling, which the people expected to hear from him.  Finally, when
+Williams was swamped by questions which his insolence and tactlessness
+had provoked, Senator Frank Leavitt came to his rescue by moving
+adjournment. Leavitt's motion prevailed, but not until Williams had
+effectively settled the fate of the Walker-Otis bill.
+
+The Committee on Public Morals reported the bill back the next day with
+the recommendation that it do not pass. The recommendation was that of
+Weed, Wolfe and Leavitt. While Kennedy and Savage failed to vote for the
+recommendation, they made no minority report. But even with the
+unfavorable report, the measure passed the Senate by a vote of 33 to 7.
+In the eleventh hour, uncertain Senators like Welch joined the winning
+side, but the showing made by the gamblers was, all things considered,
+better than could have been expected[34].
+
+In the Senate and Assembly, out of a total vote of 120, the gambling
+element, which had year after year succeeded in preventing the passage
+of an anti-racetrack gambling bill, commanded on the measure's final
+passage but seventeen votes. The incident illustrates what aroused
+public opinion, when it finds expression in a definite plan of action,
+can compel.
+
+But even with the measure's final passage, the delays that attended it
+continued. It passed the Senate on Thursday, February 4. By the
+following Saturday, the measure had been correctly engrossed, but could
+not go to the Governor until it had received the signature of Speaker
+Stanton of the Assembly. Stanton was out of town. As a result, it was
+February 10, six days after it had passed the Senate, before it went to
+the Governor. Governor Gillett took nine days to sign it, the Senate
+History showing that it was approved on February 19. Because of the
+delays the gamblers were enabled to complete their season at the
+Emeryville track.
+
+
+
+[26] Of the six votes taken in the Assembly on the Walker-Otis bill
+issue, Mott in effect voted four times against the immediate passage of
+the measure. See Table "D."
+
+[27] It was Jerk Burke's first appearance at the capital for the
+session. The danger which threatened the gambling element brought to the
+capital every machine lobbyist within reach, from Frank Daroux down. It
+was an anxious hour for the machine.
+
+[28] This first test vote in the Assembly on the Walker-Otis bill was as
+follows:
+
+For Mott's motion, and in effect against the bill: Baxter, Beardslee,
+Beban, Black, Coghlan, Collum, Cullen, Greer, Hopkins, Johnson of
+Sacramento (Grove L.), Johnson of San Diego, Johnston of Contra Costa,
+Macauley, McManus, Moore, Mott, Nelson, Odom, O'Neil, Pugh, Schmitt,
+Wagner, Webber. - 23.
+
+Against Mott's motion, and in effect for the bill: Barndollar, Bratty,
+Bohnett, Butler, Callan, Cattell, Collier, Costar, Cronin, Dean, Drew,
+Flavelle, Fleisher, Flint, Gerdes, Gibbons, Gillis, Griffiths, Hammon,
+Hanlon, Hans. Hawk, Hayes, Hewitt, Hinkle, Holmquist, Irwin, Johnson of
+Placer, Juilliard, Kiwi, Leeds, Lightner, Maher, McClellan, Melrose,
+Mendenhall, Otis, Perine, Polsley, Preston, Pulcifer, Rech, Rutherford,
+Sackett, Silver, Stanton, Stuckenbruck, Telfer, Transue, Whitney,
+Wilson, Wylie, Young - 53.
+
+[29] The several votes taken on the Walker-Otis bill will be found In
+the table "D" of the appendix.
+
+[30] Johnson of Sacramento voted for the bill to give notice that he
+would the next day move for its reconsideration. Reconsideration can be
+secured only by a member voting with the majority. Had Johnson voted
+against the bill he could not have secured its reconsideration.
+
+[31] Attention is called to the vote on reconsideration of Assemblyman
+Feeley, of Alameda, another Lincoln-Roosevelt member Mr. Feeley was
+absent when the vote on Mott's motion was taken. But Mr. Feeley voted
+for the bill when it was on final passage, thus keeping his record
+straight. But Mr. Feeley hastened to vote for reconsideration of the
+measure.
+
+Mr. Feeley, like Mr. Mott, was nominated by the Lincoln-Roosevelt League
+because he could be elected. Mr. Feeley furnishes another example of the
+folly of which reformers are sometimes guilty, of nominating men whose
+best recommendation seems to be that they can be elected. To be elected
+is very important, to be sure; but if a man when elected to the
+Legislature is to vote against reform policies, why should the
+anti-machine element nominate him, thereby losing all the chance they,
+might have had of electing a man who would be in sympathy with their
+endeavors?
+
+[32] In 1907, a measure similar to the Walker-Otis bill was killed in
+this way. It passed the Assembly and was in the Senate referred to the
+Senate Committee on Public Morals. The committee refused to report it
+back to the Senate, and friends of the measure could not secure enough
+votes on the floor of the Senate to compel the committee to act. The
+committee (1907) consisted of Senators Irish, Leavitt, Lynch, Wolfe and
+Kennedy. Irish and Lynch did not sit in the Senate of 1909, and could
+not be reappointed to the committee. But Lieutenant- Governor Porter
+distinguished himself by reappointing to the committee Wolfe, Leavitt
+and Kennedy. Weed and Savage were added to take the places left vacant
+by Irish and Lynch. Weed in 1907 voted with Leavitt, Wolfe and Kennedy
+against compelling the committee to release the Anti-Racetrack Gambling
+bill. Senator Savage (1907) voted for the bill's release, but Senator
+Savage at the opening of the session of 1909, was at least counted as
+opposed to the Walker-Otis bill. The gambling element had no complaint
+to make of the Committee on Public Morals which Lieutenant- Governor
+Porter had appointed.
+
+[33] Williams was not the only gambler who injured the gamblers' cause
+that night. Frank Daroux, keeper of the notorious Sausalito poolrooms,
+interrupted A. J. Treat, of Sausalito, who was speaking for the
+Walker-Otis bill, to demand of him how it is that at the polls the
+gamblers of that city invariably defeat the anti-gambling element.
+
+"You will remember, Mr. Daroux," came back Treat, "that at the last
+general election you and I discussed that question?"
+
+"Yes," was the reply.
+
+"And I asked you why you were in politics?" continued Treat.
+
+"Yes," said Daroux.
+
+"And you told me," insisted Treat, "that you were in politics for
+principle."
+
+"Yes," admitted the pool seller.
+
+"And I asked you how you spelt it then; and I ask you how you spell it
+now?"
+
+The crowd that packed the Senate Chamber, even the scores of racetrack
+touts that had been rushed to Sacramento to give weight to the side of
+the gamblers, went wild at this. Treat was cheered to the echo. Daroux
+slunk back into his seat silenced and was not heard from again the whole
+evening.
+
+[34] The vote was as follows:
+
+For the bill: Anthony, Bates, Bell, Bills, Birdsall, Black, Boynton,
+Burnett, Caminetti, Campbell, Cartwright, Curtin, Cutten, Estudillo,
+Holohan, Hurd, Kennedy, Lewis, Martinelli, McCartney, Miller, Price,
+Roseberry, Rush, Sanford, Savage, Stetson, Strobridge, Thompson, Walker,
+Welch, Willis, Wright - 33.
+
+Against the bill: Finn, Hare, Hartman, Leavitt, Reily, Weed, Wolfe - 7.
+
+
+
+Chapter VIII.
+
+The Direct Primary Bill.
+
+Parallel Between It and the Walker-Otis Bill - Attempt to Placate the
+Machine Weakened Position of Its Supporters - Most Serious Criticism
+Came from Advocates of the Direct Primary Idea - What the Original
+Measure Provided - Machine's Plan of Campaign.
+
+
+
+The parallel between the Walker-Otis Anti-Racetrack Gambling bill and
+the Wright-Stanton Direct Primary bill furnishes the most suggestive
+feature of the Legislative session. Each was based on a demand of a
+large majority of the people of the State for the correction of an
+abuse; the one to prevent the prostitution of the race-course in the
+interest of the gambling element; the second to prevent the domination
+in public affairs of the corrupt, corporation-backed political boss.
+
+Each had been discussed in the public prints for months previous to the
+convening of the Legislature, and each had been made in the popular view
+of affairs a sort of test by which the Legislature was to be judged.
+
+Each had the support of not only the better element of electors, but the
+better element of each House of the Legislature. Each had the determined
+secret opposition, and so far as it dared, the open opposition of the
+machine.
+
+The campaign which the machine planned against the bills was practically
+the same in each instance - to amend the measures into a condition of
+ineffectiveness, and then pass them as sop to The People. This would
+have given The People a Direct Primary law without a direct primary; an
+Anti-Gambling law that would neither close poolrooms nor interfere with
+bookmaking.
+
+And here the parallel ends.
+
+The proponents of the Anti-Gambling bill introduced an Anti-Gambling
+measure, showed that it was the best that could be drawn, and let it be
+known that they (the supporters of the measure) would, if it were
+amended by the machine, vote against it.
+
+The proponents of the Direct Primary bill, on the other hand, seemed
+possessed of the notion that they must placate the machine if any Direct
+Primary bill were to be passed.
+
+The backers of the Anti-Gambling bill treated the machine leaders as
+recognized enemies of the measure, with whom there could be no
+compromise. The backers of the Direct Primary bill treated the machine
+leaders as friends and allies, inviting them to offer suggestion and
+advice.
+
+The results of the two campaigns speak for the effectiveness of the two
+methods. The Anti-Gambling element put through an effective
+Anti-Gambling bill, refusing to compromise on so much as the change of a
+comma. But in the case of the Direct Primary bill, the machine not only
+had the last word, but in the feature of the nomination of United States
+Senators, the real bone of contention, amended the measure very much to
+its liking.
+
+Long before the Legislature convened it was common talk at San Francisco
+that the backers of the Direct Primary bill were willing to accept any
+sort of a bill, so long as a direct primary measure be passed. Inasmuch
+as it is quite possible that a legislative enactment called Direct
+Primary law may be a trifle worse than no Direct Primary law at all, the
+jelly-fish attitude of the leaders in the movement caused no little
+unfavorable comment.
+
+It did not seem to occur to the self-constituted leaders that their
+proper course was to draw up the most effective measure possible, let
+its effectiveness be known to the people - as was done in the case of
+the Anti-Gambling bill - and insist that the Legislature go on record
+for or against it.
+
+Instead, they endeavored to satisfy everybody, apparently attempted to
+come to a compromise understanding with the machine, or at least to
+please machine leaders. Their theory seemed to be that if the measure
+were not made too effective, the machine would not seriously oppose its
+passage, thus insuring a glorious and at the same time, easy victory.
+
+However unwarranted this assumption from appearances may be, such
+hidebound machine men as Wolfe and Leavitt were consulted and flattered,
+apparently with the idea that although they had been abused like
+pickpockets on previous occasions, they could be won over to the Direct
+Primary cause.
+
+The stupidity of this policy was shown at the end of the session, when
+Wolfe and Leavitt dictated the terms under which the Direct Primary bill
+should pass. Had the supporters of the Anti-Gambling bill pursued the
+same policy, and treated the machine leaders as possible friends instead
+of recognized enemies, Wolfe, Leavitt and the other machine leaders
+would unquestionably have dictated the provisions of the Anti-Gambling
+bill, and have forced that compromise which Wolfe in his speech on the
+Walker-Otis bill regretted so bitterly had not been made.
+
+The purpose of the Direct Primary is primarily to take away from the
+political bosses the monopoly which the convention system gives them in
+naming candidates for office, and to place such nomination in the hands
+of The People. To this end, under the Direct Primary laws that have of
+recent years been adopted, the boss-controlled convention is done away
+with, and the candidate for office nominated by the direct vote of The
+People.
+
+The play of the machine was to make the direct nomination difficult and
+impracticable and, if possible, entirely ineffective. The real
+supporters of the Direct Primary idea aimed to make the nomination as
+simple as possible, and easily attained, that genuine expression of the
+choice of the electors could be secured.
+
+But instead of aiming at simplicity and direct methods, the Direct
+Primary bill, introduced in the Senate by Wright and in the Assembly by
+Stanton[35], threw a confusing mass of partisan detail about the
+selection of the primary candidate. It was made practically impossible
+for an independent citizen believing in the principles of a given party,
+but withholding his right to exercise the citizen's judgment at the
+polls, to become a primary candidate. Throughout, the measure made it
+smooth sailing for the mere partisan and extremely hard for independent
+Republican or independent Democrat to secure party nomination[35a].
+
+For example, the candidate for party nomination, was, according to the
+terms of the bill, required not only to set forth the name of the party
+under which he might seek nomination, but to make affidavit "that he
+affiliated with said party at the last preceding general election, and
+either that he did not vote thereat, or voted for a majority of the
+candidates of said party at said next preceding general election, and
+intends to so vote at the ensuing election."
+
+Thus, no citizen who had not supported the majority of his party
+candidates at the previous election, and who was unwilling to take an
+oath before their nomination, to support a majority of the candidates at
+the next ensuing election, was to be eligible for primary nomination to
+office.
+
+But this, and similar unfortunate provisions were practically lost sight
+of in the fight made over the provisions for the nomination of United
+States Senators, and remained in the measure as it was finally enacted
+into law.
+
+It may be, as the machine element contends, that provision for the
+nomination of United States Senators has no place in a Direct Primary
+law, but the fact remains that The People have inseparably linked with
+the direct primary idea the selection of United States Senators by
+direct vote.
+
+The Federal laws provide that United States Senators shall be elected by
+the Legislature. But in States where Direct Primary laws have been
+adopted, provisions have been made by which the names of candidates for
+the United States Senate are placed on the primary ballot the same as
+the name of any other candidate for a State office. The same Direct
+Primary laws give candidates for the Legislature opportunity to pledge
+themselves to accept The People's decision, and as members of the
+Legislature to cast their votes for such candidate for the United States
+Senate as The People may have named.
+
+The Legislature is thus made to abide by The People's will in electing
+United States Senators, precisely as the Electoral College is made to
+abide by The People's will in the election of the President.
+
+To be sure, no candidate for the Legislature need take the pledge if he
+does not care to do so, but it is recognized that where it is possible
+for the voter to express a choice for United States Senator, the
+legislative candidate who fails to pledge himself to respect The
+People's choice would stand slim chances of election.
+
+The Direct Primary law adopted by Oregon[35b] represents the highest
+development of the plan for popular selection of United States Senators.
+In that State the candidate for the United States Senate is nominated
+the same as any other candidate, the names of each successful primary
+nominee going on the regular ballot the same as that of any candidate
+for State office.
+
+The Senatorial candidate who receives the highest number of votes is
+not, of course, elected to the United States Senate, but candidates to
+the Legislature are given opportunity to pledge themselves to respect
+the wishes of the voters and elect to the Senate the candidate who is
+thus endorsed. The Legislative candidate may sign such a pledge, or he
+may sign a statement that he will regard the popular vote for United
+States Senator as merely advisory and not binding.
+
+But it is noticeable that in Oregon and other States where such
+wholesome direct primary measures have become laws the legislative
+candidate signs the pledge to abide by the mandate of the electors.
+
+Unquestionably The People of California expected some such provision in
+the California Direct Primary law. Unfortunately, however, Senator
+Wright, who had charge of the bill, is not at all in sympathy with the
+Oregon plan. It is claimed that the framers of the bill were as little
+in sympathy with the Oregon plan as Senator Wright himself. At any rate,
+the bill, as a sort of compromise, gave the electors opportunity to
+express their choice for United States Senator within party lines. The
+candidate for the Legislature was to be given opportunity to pledge
+himself to abide, not by the selection of the electors of the State, but
+by the selection of the electors of his party[36].
+
+The name of a candidate for the United States Senate did not, under the
+original Wright-Stanton bill, go on the final ticket. His choice was
+confined to the primaries and was at best to be regarded only by the
+legislators of his own political faith. The People of California were
+not to be given a direct vote in the selection of United States
+Senators, as are The People of Oregon.
+
+If the framers of the Wright-Stanton Primary bill thought that their
+compromise on the United States Senator feature of the measure would
+placate the machine, they were much disappointed. The machine fought the
+arrangement for popular selection of United States Senators within party
+lines as positively as it would have combated the Oregon plan itself.
+
+Under either plan, the machine recognized there was always danger that
+the selection of a United States Senator would actually be made by The
+People. This would mean loss to the machine of Federal patronage, and
+Federal patronage is the sure rock upon which the machine in California
+is founded. Indeed, had either plan been incorporated into law, the
+re-election of Senator Frank Flint would have been made practically
+impossible. So the machine fought the Wright-Stanton plan as stubbornly
+as it would have opposed the Oregon plan.
+
+On the other hand, the best supporters of the Direct Primary idea were
+much disappointed that the Oregon plan had not been incorporated into
+the bill. Not a few of them grew lukewarm in their support of the
+measure. The extreme partisanship of its provisions and the failure to
+provide for popular selection of United States Senators hurt the measure
+with its friends, and failed to placate its enemies. From the beginning
+the most effective arguments against the bill were found in the bill
+itself.
+
+This was demonstrated at the public hearing, held January 26th, to
+consider the various provisions of the measure. The principal speakers
+were Hiram Johnson and Judge John F. Davis.
+
+Mr. Johnson dealt with the Direct Primary in a general way. He spoke of
+it in its relation to practical politics, showing that an effective
+Direct Primary would place this Government of ours back into the hands
+of The People. That is what was wanted. Every point Johnson made was
+received with applause from the crowd that packed the Senate Chamber.
+And when Johnson concluded with an appeal for "a Direct Primary law that
+shall be a Direct Primary law in substance and not in form alone," he
+was cheered to the echo.
+
+Judge Davis was not so fortunate in his text as was Mr. Johnson. Davis
+was there to discuss the details of the bill. He had scarcely begun
+before he found himself between a cross fire of questions from those on
+the one side who wanted an effective measure passed and on the other
+from those who wanted no Direct Primary at all. The opponents of the
+Direct Primary scored few points; the believers in the measure did.
+
+To save himself from a ridiculous position, Davis had to evade the
+question whether he would rather see an able and effective Democrat
+elected to the United States Senate than a vicious and corrupt
+Republican. He failed as miserably in attempting to justify the extreme
+partisan features of the bill. And the questions which Judge Davis could
+not answer came from men who wanted to see an effective Direct Primary
+measure enacted, not from the opponents of the Direct Primary theory.
+
+Of course this dissatisfaction of the advocates of an effective law
+encouraged the machine to action. The measure was deliberately left with
+the Committee on Election Laws. The Anti-Gambling bill had passed both
+Houses by February 4th, one month after the session had opened. But on
+that date, the Committee had just begun consideration of the measure. To
+be sure, the Election Laws Committee had been stacked against the Direct
+Primary bill, but the Public Morals Committee had been stacked against
+the Anti-Gambling bill as well. But the opponents of racetrack gambling
+were satisfied with the Walker-Otis bill, while the proponents of the
+Direct Primary for California were by no means satisfied with the
+Wright-Stanton bill.
+
+So the machine dared do with the Direct Primary bill what it did not
+dare do with the Anti-Gambling bill. The Walker-Otis bill had a standing
+which the Wright-Stanton bill did not have.
+
+That the Committee on Election Laws did not act early in the session on
+the Direct Primary bill was not because of the purpose of Senator
+Estudillo, Chairman of the Committee. Time after time did Estudillo call
+meetings for consideration of the bill, and repeatedly, he found only
+himself, and Senators Stetson and Wright in attendance. Finally, in
+February, Senator Estudillo succeeded in getting his committee together
+for consideration of the all-important measure.
+
+That the machine proposed to make the bill inoperative was recognized
+from the moment the committee was called to order. The manner in which
+this was to be done developed as rapidly. The machine's plan was as
+follows:
+
+(1) As to candidates:
+
+The machine proposed to amend the bill so that either a majority or a
+high plurality vote should be required to nominate candidates at the
+primary election. In the event of no candidate for a given office
+receiving a majority or the required plurality, the nomination was to be
+made by a nominating convention as under the old convention system. With
+such a provision it would have been easy for the machine to introduce a
+large number of candidates at the primaries, thus making it
+impracticable for any one of them to receive a majority or even a high
+plurality vote. This would have thrown nominations into a convention.
+Thus, while the State would have had a Direct Primary law, it would have
+been practically impossible to nominate a candidate under its
+provisions.
+
+(2) As to United States Senators:
+
+To deny The People a voice in the election of United States Senators,
+the machine had two plans:
+
+(A) To cut all provisions for the election of United States Senators out
+of the bill.
+
+(B) Failing in this, to amend the bill so that candidates for the
+Legislature would be required to regard the choice of the electors of
+their several districts as advisory. The vote was in no way to be held
+binding, nor was a legislative candidate to be required to sign a pledge
+to regard in any way the wishes of the electors. Under this arrangement
+there could be as high as 100 candidates for the United States Senate
+endorsed at a single election - eighty from Assembly, twenty from
+Senatorial districts. The effect would be, of course, the endorsement of
+at least several candidates, with the result that the Legislature would
+in the end be left to choose as under the present system. Thus, while
+the State would have a law which apparently gave The People a voice in
+the naming of Federal Senators, there would be no change whatever in the
+manner in which the Federal Senators were nominated and elected.
+
+
+
+[35] In addition to the Wright-Stanton bill, Senator Roseberry
+introduced a measure providing for a postal primary. In the appendix
+will be found Senator Roseberry's views on the postal primary plan.
+
+[35a] The writer has been reliably informed that this concession was made
+to the machine before a member of the Legislature reached Sacramento.
+
+[35b] Senator Caminetti introduced a separate bill providing the Oregon
+plan for the popular choice of United States Senators. He was requested
+not to press its passage BECAUSE IT MIGHT INJURE THE CHANCES OF PASSAGE
+OF THE DIRECT PRIMARY BILL. The machine claquers is never at a loss for
+an excuse for the defeat of a meritorious measure.
+
+[36] The original Wright-Stanton bill provided two pledges, which the
+candidate for the Legislature was given opportunity to sign. The first
+pledge bound him to abide by the choice of the electors of his party for
+United States Senator. It read as follows:
+
+"I further declare to The People of California and to The People of the
+.......... (Senatorial or Assembly) District that during my term of
+office, without regard to my individual preference, I will always vote
+for that candidate for United States Senator in Congress who shall have
+received for that office the highest number of votes cast by my party at
+the September primary election next preceding the election of a Senator
+in Congress."
+
+If the legislative candidate did not care to sign this pledge, he was
+given the alternative of signing the following:
+
+"I further declare to The People of California and to The People of the
+... (Senatorial or Assembly) District that during my term of office I shall
+consider the vote of The People at any primary election for United
+States Senator as nothing more than a recommendation, which I shall be
+at liberty wholly to disregard, if I see fit."
+
+
+
+Chapter IX.
+
+Machine Defeated in the Senate.
+
+Reform Forces, Regardless of Party, Unite to Secure the Passage of an
+Effective Direct Primary Law-Agree on a Compromise Measure and Succeed
+in Forcing It Through the Senate - Machine Badly Beaten.
+
+
+
+Senator Leroy A. Wright of San Diego introduced the Direct Primary bill
+in the Senate on January 17th, and during the month that it slumbered in
+the Senate Committee on Election Laws there was no reason to believe
+that Senator Wright was not in sympathy with the provisions of the
+measure. On February 1st, however, Senator Wright made the astonishing
+confession before the Committee on Election Laws that he was not in
+sympathy with that provision of his bill which gave legislative
+candidates opportunity to pledge themselves to abide by the choice of
+the electors of the State for United States Senator. From that moment
+began Senator Wright's fight against his own bill, which finally landed
+him in the camp of Leavitt, Wolfe and the other machine Senators.
+
+At the meeting of the Senate Committee on Election Laws, held February
+1st, the solid six on the Committee, Leavitt, Wolfe, Savage, Hartman,
+Kennedy and Hare, had voted two amendments into the bill which rendered
+it absolutely useless for practical purposes.
+
+The first amendment provided that a majority instead of a plurality vote
+should nominate, a provision as unconstitutional as impracticable. The
+second amendment cut out of the measure all provision for popular vote
+for United States Senators.
+
+This decided action on the part of the machine had brought consternation
+upon Estudillo and Stetson who wanted to see an effective measure
+passed. Wright in this crisis took the floor to state his position.
+
+"For my part," said Wright, "I would never sign a pledge to vote for the
+candidate for United States Senator in Congress who shall have received
+for that office the highest number of votes cast by my party. I do
+believe, however, that the people of this State demand a partisan Direct
+Primary law. But I think that the people of Oregon recognize that they
+have made a mistake in going so far as they have. Under the pledge
+required of candidates for the Legislature in the measure before us (the
+Wright bill) a member of the Legislature might find himself compelled to
+vote for a candidate whom the voters of his district opposed. I opposed
+this provision when the bill was drawn, but my objection was overruled.
+I now stand for the bill as it has been introduced."
+
+Wolfe, Leavitt and the rest of the machine Senators grinned exultantly
+as Wright stated that he did not approve the provisions of his own bill.
+But the faces of Estudillo and of Stetson, who had been looking upon
+Wright as their leader in the pro-primary fight, fell. To employ the
+famous expression of Speaker Stanton of the Assembly, they felt the
+ground slipping from under their feet. There was a sensation of farther
+slipping, when Wright, author of the measure, pro-primary leader and
+Call-heralded reformer, offered an amendment as substitute for popular
+State-wide choice for United States Senator, by making the vote for
+United States Senator advisory only[37].
+
+The grin of satisfaction on the faces of the machine Senators broadened
+as Wright read his amendment while the faces of Estudillo and Stetson
+grew blanker. But the machine Senators were in no hurry. Things were
+coming their way; there was no reason for them to rush matters. So they
+lazily took twenty-four hours to think it over. Then they bluntly
+rejected Wright's compromise, the solid six, Wolfe, Leavitt, Savage,
+Hartman, Kennedy and Hare voting against its acceptance.
+
+Estudillo and Stetson voted to accept the compromise. They explained
+their votes. Their explanations showed their earnestness in working for
+the best Direct Primary measure that could be passed - which indicates
+what might have been done under other leadership - and a loyalty to
+Wright, the accepted leader in the Direct Primary fight, which, to say
+the least, was misplaced.
+
+"With this amendment," said Senator Stetson, in explaining his vote,
+"the bill is not one-half so strong as it was before. I do not like it.
+But I must train with one side or with the other, and for that reason
+shall vote for Senator Wright's substitute."
+
+Senator Estudillo stated that he voted for the amendment against his
+better judgment.
+
+"I don't believe in your amendment, Senator Wright," said Estudillo,
+turning to that gentleman. "I don't think it amounts to anything. I vote
+with you against my better judgment. I do not believe that this
+amendment will give The People what they want - an opportunity to vote
+directly for candidates for the United States Senate. My opinion is that
+we should pass a good bill or no bill at all. I shall, however, yield to
+Senator Wright, who is the recognized leader in this Direct Primary
+fight, and vote for his amendment."
+
+And then the six machine members rejected the amendment.
+
+There wasn't much left of the Direct Primary bill. The measure was, on
+February 16th, two weeks after the application of the committee's
+pruning knife, reported back to the Senate with all reference to
+election of United States Senators stricken from it, and the
+unconstitutional and impracticable majority vote required for the
+nomination of candidates for office, instead of the constitutional and
+practical plurality vote, as originally provided in the bill.
+
+The fact should not be lost sight of that the two Senators on the
+Committee on Election Laws who led the fight against the Direct Primary
+bill, Leavitt and Wolfe, in the Committee on Public Morals led the fight
+against the Anti-Gambling bill. Nor should it be forgotten that two of
+their most docile followers in the Committee on Election Laws, Kennedy
+and Hare, are "Democrats." There was no partisanship shown in the ranks
+of the opponents of the Direct Primary bill; machine Democrats and
+machine Republicans united for its defeat. But when anti-machine
+Republican and anti-machine Democrats united for its passage, Wolfe and
+Leavitt were shocked beyond measure.
+
+Machine Senators denounced the anti-machine Republicans as mongrels,
+enemies of the Republican party, and insisted that if the anti-machine
+Republicans persisted in continuing with the anti-machine Democrats to
+secure the passage of an effective Direct Primary law, the Republican
+party in California would go to smash.
+
+The arrogant course of the machine members of the Election Laws
+Committee, had at least one good effect it drove the anti-machine
+Republicans and the anti machine Democrats together as a matter of
+self-defense. The anti-machine Republicans and Democrats saw the machine
+Democrats and Republicans united to defeat the passage of an effective
+Direct Primary measure. So the anti-machine Republicans and Democrats
+organized that they might successfully combat the organized machine
+Democrats and Republicans. For the first time in the history of the
+California Legislature, so far as the writer knows, the Senate divided
+on the only practical line of division for the enactment of good
+measures and the defeat of bad ones - with the anti-machine Senators on
+one side and the machine Senators on the other.
+
+The "band-wagon" Senators of the Welch variety, and the doubtful
+Senators, were left for the moment to herd by themselves.
+
+The anti-machine forces held meetings - caucuses if you like - to decide
+upon the course to be pursued. They numbered at first twenty members,
+fifteen Republicans and five Democrats. The Republicans were Bell,
+Birdsall, Black, Boynton, Burnett, Cutten, Estudillo, Hurd, Price,
+Roseberry, Stetson, Strobridge, Thompson, Walker and Wright; the
+Democrats, Caminetti, Campbell, Cartwright, Miller and Holohan. George
+Van Smith, of the San Francisco Call, credited with being an expert on
+Direct Primary legislation, was admitted to the deliberations of the
+twenty.
+
+Senator Price, however, became alarmed at the irregularity of
+anti-machine Republicans meeting with anti machine Democrats, gathered
+his virtuous partisan skirts about him and fled in dismay.
+
+Senator Caminetti also left the meeting. Caminetti is a strong advocate
+of the Oregon plan for the election of United States Senators. When
+Caminetti found Senator Wright, the accepted leader of the pro-primary
+forces, opposed not only to the Oregon plan, but to any plan that would
+give electors a State-wide vote for United States Senators, he refused
+to go to Wright's assistance. Later on, however, when Wright went to
+Caminetti pleading for support, Caminetti agreed to abide by the
+decisions of the anti-machine caucus. Curiously enough, after the
+machine had worn the anti-machine forces out, Caminetti was the only
+Senator who refused to accept the machine's amendments to the bill which
+the anti-machine caucus had agreed upon.
+
+With Price and Caminetti out, the anti-machine forces were reduced to
+eighteen Senators, although it was known that Rush sympathized with the
+movement but was not present because he had been unavoidably detained.
+
+The eighteen organized by electing Senator Estudillo chairman, and
+Senator Boynton secretary. Senator Wright made a short address in which
+he virtually threw up his hands. He told what the Wolfe-Leavitt element
+had done with the bill in committee, and stated that unless the
+anti-machine forces got together, the machine would amend the measure
+into ineffectiveness. Following Wright's address the anti-machine
+Senators considered the original Wright-Stanton bill under three heads:
+
+(1) Shall a mere plurality, or a majority, or a high plurality be
+required to nominate at a primary election?
+
+(2) Shall the partisan features be eliminated from the measure?
+
+(3) Shall the provisions of the measure be extended to the election of
+United States Senators?
+
+The first question was brought up on Stetson's motion that a twenty-five
+per cent plurality be required to nominate. The machine aimed to fix the
+plurality at forty per cent, but even the twenty-five per cent
+compromise was denied. The motion received but four votes, in its favor.
+
+Then came discussion of the clause quoted in the previous chapter, which
+requires of each primary candidate that he make affidavit that he
+supported his party ticket at the previous election, and proposes to
+support it at the coming election. It was understood by all who had any
+thing to do with the Direct Primary bill that the clause made it
+impossible for a primary candidate to run on two primary tickets.
+Cartwright moved that the clause be stricken from the bill. The motion
+was lost by a vote of 14 to 4. Senators like Black of Santa Clara voted
+against the motion in the interest of harmony, although personally they
+favored the elimination of all partisan features.
+
+The question of primary nomination of candidates for the United States
+Senate was then taken up. Senator Wright moved that the vote for
+Senators be advisory only, and that it be by Assembly and Senatorial
+districts instead of State-wide, as the original bill provided. The vote
+was as follows:
+
+For Wright's motion - Burnett, Wright - 2.
+
+Against Wright's motion - Bell, Birdsall, Black, Boynton, Cartwright,
+Cutten, Holohan, Miller, Roseberry, Stetson, Strobridge, Walker - 12.
+
+Excused from voting - Campbell, Estudillo, Hurd, Thompson.
+
+A scene of great confusion followed. Campbell, who had refused to vote
+because he insisted upon the Oregon plan of electing United States
+Senators by direct vote of The People, insisted that the provision be
+incorporated into the bill. He refused to be bound by any plan that
+would restrict the election within party lines. So they blocked Campbell
+in one corner of the room with a table, and reasoned with him.
+Twenty-one votes were required to pass the Direct Primary bill in the
+Senate. At that time counting Rush, who was not present at the caucus,
+the anti-machine forces had only nineteen. They could not afford to lose
+even one of their number.
+
+Above the confusion, Senator Holohan managed to make his voice heard.
+
+"Gentlemen," he said, "I would like to have the Oregon plan incorporated
+into this bill, But that seems to be impracticable at this time.
+Eventually, I am sure California will adopt the Oregon plan of naming
+the United States Senator, which to my way of thinking is the most
+common sense, the fairest, the most American plan. But if we are to pass
+a Direct Primary measure at the present session, we must reach a basis
+of compromise. Let us now get together and stand together on a measure
+upon which we can all agree. Let us pledge ourselves to abide by the
+decision of this meeting, and stand or fall by the bill which we have
+agreed upon."
+
+Holohan's counsel prevailed. The Senators present pledged themselves to
+abide by the decision of the meeting and to stand or fall by the bill
+which they had agreed upon. And Senator Leroy A. Wright was among them
+and was bound in honor as every Senator present was bound in honor to
+stand by the bill which had been agreed upon.
+
+The uniting of the anti-machine Senators to fight the combined machine
+Democrats and Republicans called down upon the anti-machine element the
+denunciation of the machine press. The Catkins newspapers, for example,
+sputtered their condemnation of Republican Senators who would unite with
+Democratic Senators in "rump caucus."
+
+On the other hand the San Francisco Call, at that time warmly supporting
+the anti-machine movement in the Senate, was extreme in denouncing
+Lieutenant-Governor Porter, presiding officer of the Senate, Leavitt,
+Wolfe, and all others who were opposing the passage of the Direct
+Primary measure as it had originally been introduced by Wright, and as
+it had been agreed upon in the reform caucus[38].
+
+The fight in the Senate came on the second reading of the bill February
+18th. On the 16th, however, the setting for the contest had been fixed
+by the majority of the Committee on Election Laws, which reported with
+favorable recommendation the measure as the Committee had cut it to
+pieces. The minority of the Committee, Estudillo, Stetson and Wright,
+reported back the bill agreed upon by the non-partisan caucus of
+anti-machine Senators.
+
+But the fight did not come over either report. When the bill came up on
+the 18th for second reading and amendment, Senator McCartney, on behalf
+of the machine forces, introduced a resolution over which the contest
+waged. McCartney's resolution provided that the bill should be so
+amended that the primary vote for United States Senator should be by
+districts and advisory only, and that for county and local offices a
+vote of 25 per cent and for State offices a vote of 40 per cent should
+nominate[39].
+
+The debate was over this resolution. The motion for its adoption was
+defeated by a vote of twenty-seven against to thirteen for[40].
+
+Incidentally, the debate settled one of the most important questions
+affecting the bill, namely, the percentage of votes to be required for
+primary nominations. The machine, to render the measure inoperative, was
+contending for a majority or at least a high plurality vote, while the
+anti-machine element was contending for a mere plurality. The debate
+developed the fact, that any provision for other than a mere plurality
+vote would be unconstitutional. This service was performed by Senator
+Cutten of Humboldt[41]. Senator Cutten's clear presentation of this much
+discussed point, settled the vote percentage question right there. When
+the measure was under consideration by the Assembly Election Laws
+Committee, Grove L. Johnson did suggest that a 40 per cent plurality be
+required to nominate. But no serious attempt was made so to amend the
+bill, after Cutten's speech, and the defeat of the McCartney amendment.
+
+Naturally, the anti-machine forces felt warmly encouraged by this
+complete defeat of the machine. The San Francisco Call, the recognized
+advocate of the Direct Primary bill, the next day, February 19th, said
+of the outcome:
+
+      "Twenty-seven Senators at Sacramento stood true to their party
+      pledges, and voiced the will of the people in their votes on the
+      Direct Primary bill yesterday. Thirteen other Senators wrote into
+      the record conclusive proof of their unfitness for the offices they
+      hold, when they voted against the Wright-Stanton bill, and for the
+      corrupt political machine which is the Southern Pacific Railroad.
+      Every man of these thirteen confessed corruptionists knew what he
+      was doing, knew whose will he was putting above The People's. Every
+      one of these thirteen betrayers of the public weal has written the
+      epitaph of his political tombstone."
+
+The Call was as generous in its praise of the anti-machine Democrats and
+Republicans as it was bitter against the machine Senators who had
+endeavored to force the McCartney amendment into the bill. While that
+paper printed the names of the thirteen in bold, black type on the first
+page under the heading, "These Men Voted for the Machine," in type just
+as bold and just as black it printed in an honor column the names of the
+twenty-seven who had voted against the McCartney amendment, under the
+heading, "These Men Voted for the People."
+
+Said the Call in its admirable report of the defeat of the McCartney
+amendment, of the original nineteen anti-machine Senators who had
+organized to resist the machine:
+
+      "Genuine manhood has been on tap at every conference of the
+      independents. They have not squabbled for partisan advantage. They
+      have worked together to give The People an honest and genuine
+      Direct Primary measure. Senator Wright won a brilliant fight. He
+      won it with and through the earnest co-operation of the unbossed
+      Democrats and Republicans."
+
+Said the Call of the measure itself in its issue of February 18th - the
+day of the defeat of the machine Senators:
+
+      "The Direct Primary bill is The People's bill. Such men as Dooling,
+      Wright, Stanton, Davis and Cartwright made it. There is no honest
+      argument against it, there will be no honest Senators against it."
+
+Such was the view of the Call on February 18. Few were willing to
+believe on that date that within a month the Call would have thrown its
+influence on the side of Leavitt and Wolfe and Warren Porter in an
+attempt to force part of the McCartney amendment into the Direct Primary
+bill. It did not seem possible then that within a month the Call would
+be denouncing, ridiculing and misrepresenting Senators whose efforts had
+resulted in the defeat of the McCartney amendment because of the refusal
+of these anti-machine Senators to join with the machine Senators whom
+they had once defeated, and accept the amendment which they had once
+rejected. It did not then seem possible that on March 18th the Call
+would be behind the thirteen "betrayers of the public weal," itself
+betraying the Senators whose "genuine manhood" had on February 18
+appealed to its editors so strongly.
+
+But such was to be. And, too, the combination of Calkins Syndicate,
+Lieutenant-Governor Porter, Senator Leroy A. Wright, the San Francisco
+Call and the thirteen "betrayers of the public weal" proved too much for
+the little band of anti-machine Senators. And what is more, backed by
+the Call, the machine leaders finally amended the Direct Primary bill,
+which on February 18th the Call had stated very positively no honest
+Senator would be against.
+
+
+
+[37] Wright's amendment had been carefully typewritten before the
+meeting. It read as follows,
+
+"Party candidates for the office of United States Senator shall have
+their name placed on the official primary election ballots of their
+respective parties in the manner herein provided for State Office,
+provided, however, that the vote for candidate for United States Senator
+shall be an advisory vote for the purpose of ascertaining the sentiment
+of the voters in their respective parties."
+
+[38] On February 17th the Call said of Senator Eddie Wolfe's opposition
+to the bill:
+
+"The fight (Direct Primary) promises to be both spirited and bitter.
+Eddie Wolfe of San Francisco, picked by the machine to make its fight
+for the garroting of the Direct Primary bill, by the injection of a
+majority nominating clause, has served notice that he proposes to tear
+the reformers to pieces."
+
+Of Leavitt and other machine Senators, the Call on the same date said:
+
+"Leavitt, who bossed the fight against the Otis-Walker bill, will
+furnish the brains for the fight against the Direct Primary bill, and
+every one of the seven who voted against the Otis-Walker bill, are more
+or less frankly against the primary bill. Savage, who did not vote
+against the Walker-Otis bill because his vote would have done no good,
+and Hartman and Hare, who did vote against the Otis-Walker bill, have
+gone on record against honest direct Primaries, as members of the
+majority of the Senate Committee on Election Laws. Savage is frank
+enough to admit that he is opposed to any direct primary law."
+
+[39] The McCartney resolution was in full-as follows:
+
+"Resolved, That Senate Bill No. 3, and all pending amendments thereto,
+be and the same is hereby referred to the Committee on Elections and
+Election Laws, with the following instructions:
+
+"1. Amend the bill so as to give an advisory vote by districts on United
+States Senators."
+
+"2. Amend the bill by providing for a percentage of votes before
+nomination by direct vote of the people, as follows: If the highest
+candidate for any county or local office receive less than 25 per cent
+of the vote of his party, and if the highest candidate for a State
+office receive less than 40 per cent of the vote of his party, that the
+nomination shall be referred to a convention of delegates elected at the
+same time that candidates are voted on by direct vote."
+
+"3. Amend the bill by providing that the convention aforesaid shall
+prepare the platform of the party and perfect party organization."
+
+[40] The vote in full was as follows:
+
+Against the McCartney amendment and in effect for the bill agreed upon
+by the anti-machine Senators: Anthony, Bell, Birdsall, Black, Boynton,
+Burnett, Caminetti, Campbell, Cartwright, Curtin, Cutten, Estudillo,
+Holohan, Hurd, Lewis, Martinelli, Miller, Price, Roseberry, Rush,
+Sanford, Stetson, Strobridge, Thompson, Walker, Welch, Wright - 27.
+
+For the McCartney amendment and in effect against the bill agreed upon
+by the anti-machine Senators: Bates, Bills, Finn, Hare, Hartman,
+Kennedy, Leavitt, McCartney, Reily, Savage, Weed, Willis, Wolfe - 13.
+
+[41] Cutten showed that Section 13, Article XX of the State Constitution
+provides that "a plurality of the votes given at any election shall
+constitute a choice where not otherwise directed in this Constitution."
+
+Senator Cutten then proceeded to demonstrate that a primary election is
+an election within the meaning of the terms used. The Supreme Court of
+Indiana has so declared, and, coming nearer home, Cutten showed that the
+California Supreme Court has so held also.
+
+In The People vs. Cavanaugh, 112 California, the Supreme Court held that
+any primary election that should become mandatory becomes an election
+and only those primaries that may be optional with a party as to whether
+or not they should be held, are not elections.
+
+The Wright-Stanton bill and the Direct Primary amendment to the
+Constitution make the direct primaries mandatory, nor is there anything
+in the State Constitution providing that anything other than a plurality
+vote shall be required to nominate. For the Legislature to have yielded
+to the machine's demand that a majority or high plurality vote be
+required to nominate and inserted such a provision in the Direct Primary
+bill, would have been to render that measure unconstitutional, for under
+the plain provisions of the Constitution only a plurality vote can be
+required to nominate.
+
+Were a majority or even high percentage plurality vote required to
+nominate, the Direct Primary law would have been made unconstitutional,
+because:
+
+1. A plurality might not be equal to the percentage or majority.
+
+2. A percentage or majority contemplates a convention to nominate in
+case the candidate does not receive the percentage or majority, and a
+convention, the best authorities hold, is prohibited under the
+constitutional amendment providing for the primary election.
+
+
+
+Chapter X.
+
+Fight Over Assembly Amendments.
+
+Machine Succeeds in Amending the Direct Primary Bill in the Assembly -
+Assemblyman Pulcifer at Critical Moment Votes with the Machine - Senate,
+Although Held Up By Machine Element for a Week, Refuses to Concur in
+Assembly's Action.
+
+
+
+The machine Senators, having failed to amend the Direct Primary bill on
+its second reading, apparently accepted their whipping, and allowed the
+measure to go through third reading and final passage without
+opposition[42].
+
+Twenty-seven Senators at the final roll call voted for it; not one vote
+was cast against it. Even Leavitt and Wolfe voted for it. The
+anti-machine Senators had won "a glorious victory."
+
+But the victory was one tempered with grave misgivings on the part of
+careful observers of machine trickery. The fact that the bill as it had
+passed the Senate contained several serious clerical and typographical
+errors, and that its title was unsatisfactory if not defective, worried
+the genuine supporters of the bill not a little. The bill had been
+loosely drawn to begin with, and as originally introduced contained most
+unfortunate clerical errors, which bobbed up at most inopportune times.
+
+At every stage of its passage in the Senate such errors were uncovered,
+and after it had passed second reading, no less than eight serious
+errors were discovered to be still in the bill. The only way these
+errors could be corrected was by amendment.
+
+The errors were called to the attention of Senator Wright and of George
+Van Smith of the Call, who were urged to have them corrected in the
+Senate that the bill might go to the Assembly letter perfect, and
+without necessity of amendment[43]. But both Van Smith and Wright were
+of the opinion that time would be gained by leaving the Assembly to make
+the corrections.
+
+The bill as it finally passed the Senate was a defective bill, the
+defects of which could be corrected in the Assembly only by amendment.
+In the end the fate of the measure was made to hinge on these clerical
+and typographical defects.
+
+The Assembly Committee on Election Laws had been stacked against the
+passage of a Direct Primary bill, precisely as the Senate Committee had
+been. At the first meeting held by the Committee to consider the
+measure, it became evident that the majority of the Committee would, if
+it could, put the McCartney amendments, which had been defeated in the
+Senate, into the bill.
+
+Leeds, Chairman of the Committee, moved that the primary vote for United
+States Senator be made advisory and by districts only, while Grove L.
+Johnson, in spite of the fact that such a provision is impracticable and
+unconstitutional, stated that he wished a provision in the bill
+requiring a 40 per cent plurality to nominate, instead of a mere
+plurality.
+
+Leeds and Johnson, taken together, stood for precisely what the machine
+had stood for in the Senate, namely, an advisory, district vote for
+United States Senators and a 40 per cent plurality vote to nominate.
+
+Speaker Stanton, although not a member of the Committee, was present at
+the meeting, and although he had introduced the bill in the Assembly,
+announced that he was for so amending the measure that the vote for
+United States Senator should be made merely advisory and by districts.
+This was pretty strong intimation that there was trouble ahead for the
+Direct Primary bill. Stanton was in effect throwing down his own bill.
+
+After several meetings, the Committee adopted amendments providing for
+the Leeds - suggested advisory district vote for United States Senators,
+providing for correction of the clerical and typographical errors, and
+providing an oath from primary candidates that they would abide by the
+platform of their party to be adopted after their nomination. This last
+amendment was defeated in the Assembly.
+
+The only real opposition in the Committee to the machine's plan to make
+the primary vote for United States Senators advisory only and by
+district, came from Assemblymen Hinkle of San Diego and Drew of Fresno.
+Drew was ill most of the time and could not attend the meetings. The
+brunt of the fight for a State-wide vote for United States Senators,
+therefore, fell on Hinkle.
+
+He fought well.
+
+Every effort was made to pull him down. He was told that his bills would
+be "killed."
+
+He was deliberately misrepresented in papers which were endeavoring to
+force into the bill the advisory district vote amendment, which, as
+introduced in the Senate by McCartney, had been rejected by the
+anti-machine Senators. Leavitt and Wolfe and Warren Porter were for the
+amendment, but the anti-machine Senators continued against it as they
+had on February 18th, the day of their "glorious victory" over the
+machine in the Direct Primary fight.
+
+But, astonishing as it may seem, the San Francisco Call[44], which up to
+the passage of the bill in the Senate had fought the machine Senators so
+valiantly, was giving indication of siding with Wolfe and Leavitt. In
+its issue of March 6th, the Call stated that Hinkle was alone of the
+Assembly Committee battling for the bill as it passed the Senate. In
+another sentence the Call said: "Leeds, Rech, Hinkle and Pugh voted for
+the advisory vote amendments."
+
+That sentence was shown about the Capitol, and on it was based the story
+that Hinkle had "fallen down," and would vote with the machine. All this
+added to the confusion of the situation.
+
+But Hinkle had not "fallen down." He was in the fight just as hard as
+ever, and with Assemblyman Bohnett organized the reform element in the
+Assembly to fight the machine amendments.
+
+Those who were endeavoring to force the advisory district plan for
+nomination of Senators into the bill took the most astonishing methods
+to force it upon the anti-machine Senators. For example, the San
+Francisco Call of March 4th said of it:
+
+	"The amendments proposed by Leeds and supported by Stanton are not even
+remotely related to the McCartney proposition, which was voted down in
+the Senate."
+
+The Call's statement was easily disproved, but it unquestionably
+confused the anti-machine legislators, who were insisting upon retaining
+the provision for State-wide vote for Senators in the bill[45].
+
+And then came the cry that those who were opposing the Leeds-McCartney
+amendment were enemies of the Direct Primary, for the Assembly, it was
+alleged, was overwhelmingly in favor of the amendment, and would not
+pass the bill without it. Jere Burke, John C. Lynch, and other patriots
+of their ilk were most insistent in expression of this fear. But such
+men as Bohnett, Hinkle, Drew and other recognized anti-machine leaders
+in the Assembly were not to be bluffed in this way. They stood firmly
+for the passage of the bill as it had passed the Senate.
+
+The fight on the floor of the Assembly came over Leeds' motion to amend
+the bill by making the vote for United States Senator advisory only and
+by districts. The vote on Leeds' motion was 37 to 37. The "overwhelming
+majority" favoring the amendment, in spite of the use of every pull at
+the command of the machine, had not materialized. As a majority vote was
+necessary to read the amendment into the bill, a moment more and Speaker
+Stanton would have been forced to declare the amendment lost. This would
+have meant final defeat for the machine, and the Direct Primary bill as
+it had passed the Senate would have gone to final passage.
+
+At this critical moment in the bill's history, however, Assemblyman
+Pulcifer[46], the Lincoln-Roosevelt League member from Alameda county,
+got into action. He had voted against the amendment. But with his vote
+really meaning defeat for the machine element, he promptly changed his
+vote from no to aye. This made the vote 38 for the amendment and 36
+against it. The amendment which the anti-machine Senators had fought so
+valiantly and so effectively was finally read into the bill[47].
+
+The amendments necessary to correct the typographical and clerical
+errors which had been permitted to remain in the bill as it passed the
+Senate, together with a number of ridiculous amendments - which were
+finally rejected by both Houses - were then adopted, and the bill sent
+to the Senate[48].
+
+The fact developed almost immediately that if the Senate refused to
+concur in the Assembly amendment forcing the advisory district vote into
+the bill the Assembly would recede from the amendment. As a matter of
+fact Assemblyman Collum, who voted for the amendment March 9th, voted on
+March 22d to recede from it. Had the anti-machine forces in the Assembly
+been held together, as they could have been had the question of receding
+been put up to them fairly, few other changes with Collum's would have
+been sufficient to assure success for the anti-machine forces.
+
+But in spite of the situation in the Assembly, Senator Wright, who was
+by this time working openly with Wolfe, Leavitt and Warren Porter to
+secure the adoption of the Leeds amendment (which as the McCartney
+amendment the Senate had already rejected), was insisting that the
+Assembly would not recede, and that unless the Senate concurred with the
+Assembly amendment, nothing could save the Direct Primary bill from
+being cut to pieces in Free Conference Committee.
+
+Nevertheless, the Senate by a vote of 19 against to 20 for concurrence,
+did refuse to concur, 21 votes being necessary for concurrence.
+
+Senator Stetson was absent when the vote was taken, being ill at his
+home in Alameda county. Had he been present he would have voted against
+concurrence in the amendments. This would have made the vote 20 to 20.
+
+Originally, on February 18th, twenty-seven Senators had voted against
+the Leeds-McCartney amendment, but when Senator Wright switched to the
+machine, Senators Hurd and Burnett wobbled along after him. The four
+band-wagon Senators, Lewis, Martinelli, Price and Welch, tagged along
+after them. This made the vote:
+
+Against concurrence in the amendment and for the bill as it passed the
+Senate - Anthony, Bell, Birdsall, Black, Boynton, Caminetti, Campbell,
+Cartwright, Curtin, Cutten, Estudillo, Holohan, Miller, Roseberry, Rush,
+Sanford, Strobridge, Thompson, Walker - 19.
+
+For concurrence in the amendment and against the bill as it originally
+passed the Senate - Bates, Bills, Burnett, Finn, Hare, Hartman, Hurd,
+Kennedy, Leavitt, Lewis, Martinelli, McCartney, Price, Reily, Savage,
+Weed, Welch, Willis, Wolfe, Wright - 20.
+
+Every one of the thirteen Senators who opposed the bill when it was
+first before the Senate, voted to concur. Wright, Welch, Price,
+Martinelli, Lewis, Burnett and Hurd joining them, made their number
+twenty.
+
+Under the rules which govern the Senate, in the event of a tie vote, all
+the Senators voting, the President of the Senate, in this case Warren
+Porter, has the casting vote.
+
+Had Senator Stetson been present, he would have voted with the
+anti-machine Senators. This would have made the vote 20 to 20. Warren
+Porter would then have had the deciding vote. He would have voted to
+concur. Senator Stetson's illness temporarily saved the Direct Primary
+bill.
+
+In the ordinary course of legislative business, the Senate having
+refused to concur in the Assembly amendment, the bill would have gone
+back to the Assembly, the Assembly would have receded from the
+amendment, and the machine's defeat would have been final. But the
+quick-witted Wolfe saw a way to prevent such action. He promptly moved
+that the Senate reconsider the vote by which it had refused to concur in
+the Assembly amendment. Wolfe commanded twenty votes of the Senators
+present, the anti-machine element nineteen. Wolfe required, however,
+twenty-one to compel reconsideration. But when the question came up,
+Wolfe still lacked the one vote necessary for reconsideration, the
+anti-machine element was still without the necessary twenty votes to tie
+the Senate, thus giving Warren Porter the deciding vote. Wolfe, however,
+with his twenty votes, postponed consideration of his motion to
+reconsider the vote by which the Senate had refused to concur. A
+somewhat extraordinary parliamentary situation, to say the least. But it
+answered the machine's purpose. For a week[49a] the machine was able to
+hold the Senate in deadlock. All business was practically suspended. For
+hours the reform Senators were compelled to sit in their seats waiting
+the pleasure of President Porter and President Pro Tem. Wolfe to call
+the Senate to order. The folly of permitting the machine to organize the
+Senate was forced home to every good-government man present. The machine
+because it controlled the Senate organization could and did arrogantly
+override the rights of the Senate, giving the ultimatum that no business
+should be transacted until the anti-machine Senators had concurred in
+the machine amendments to the Direct Primary bill.
+
+The machine's play was to bully, bluff or beg one of the anti-machine
+Senators to desert to the machine, which would have given the machine
+twenty-one votes, enough for concurrence, or, failing in this, to force
+the attendance of Senator Stetson, which would have tied the Senate,
+thus giving Warren Porter the deciding vote. But before Senator Stetson,
+pale and plainly on the verge of breakdown, could be brought to
+Sacramento, Senator Black became very ill and was obliged to go to his
+home at Palo Alto. Thus when Stetson returned, the vote stood 20 to 19,
+precisely where it had been before. Performer Porter was still denied
+the privilege of casting the deciding vote. For once the machine found
+itself squarely against a stone wall, with the sympathy of the public
+strongly against its creatures and methods. Night after night as the
+fight went on, the Senate gallery was packed with interested spectators,
+who cheered the anti-machine Senators to the echo. There were no cheers
+for the machine, but on one occasion at least the machine was hissed,
+when one of its creatures attempted an attack on Senator Black.
+
+Never did the machine work harder to switch anti-machine Senators to its
+side. Jere Burke had characteristic corner conferences, Johnny Lynch
+labored with anti-machine Senators openly on the floor of the Senate
+chamber, as did Warren Porter. From a southern county came the Chairman
+of the Republican County Committee to tell his Senator who was voting
+with the anti-machine element what a mistake he was making. P. H.
+McCarthy "happened in" and worked with George Van Smith of the Call and
+Eddie Wolfe in the fruitless attempt made to "pull down" Senator
+Anthony[49]. Anti-machine Senators found their pet bills being held up
+in Assembly Committees.
+
+But the nineteen anti-machine members stood firm, in spite of the fact
+that Senator Wright, who had originally led them, and George Van Smith,
+of the Call, who had originally advised them, and the Call, which had
+originally backed them, were all working on the side of Leavitt and
+Wolfe and Porter and the thirteen Senators of whom the Call had said on
+February 19, when they had voted for the amendment which they were still
+supporting, "Every man of these thirteen confessed corruptionists knew
+what he was doing - knew whose will he was putting above The People's
+will. Every one of these thirteen betrayers of the public weal has
+written the epitaph of his political tombstone."
+
+And then the machine forces attacked Senator Black. Although Senator
+Black was lying ill at his home at Palo Alto, the Call on March 18
+stated that he was in hiding in Sacramento.
+
+The Call on the same date expressed its deep regret for and its utter
+condemnation of, the "asinine filibuster, designed to prevent a tie vote
+which would be decided by the Lieutenant-Governor, Warren Porter, in
+favor of concurrence in the Assembly amendment to the Direct Primary
+bill."
+
+On February 18 the Call had objected very strenuously to Porter's
+attitude toward the Direct Primary bill. The Call on that date said:
+
+      "To-day the wolves (a pet name for the machine Senators), urged by
+      their masters, will make their last stand in the Senate against a
+      people determined to be free. Warren Porter, the Lieutenant-Governor
+      of the fatted soul, who professes all the virtues and practices all
+      political evil, will be the whipper-in."
+
+One month later, March 18, the Call was complaining bitterly that the
+anti-machine Senators would not permit the same "Lieutenant-Governor of
+the fatted soul" to whip them into line for the amendment to the Direct
+Primary bill, which they had rejected on February 18, and for which the
+Call had praised them generously. The Call's special representative at
+Sacramento, George Nan Smith, was by this time working openly with
+Porter, Wolfe, Leavitt, Hartman, Lynch and Burke to compel Senate
+concurrence in the Assembly amendments, while Senators Boynton, Black,
+Miller, Campbell, Holohan, Stetson and the other anti-machine Senators
+whom the Call had formerly backed in their efforts against the machine,
+had become "pin-head politicians," in the columns of the Call, intent
+upon defeat of the Direct Primary bill.
+
+The Call's extraordinary change and outrageous condemnation of the
+anti-machine Senators of course brought its protest. The people of Palo
+Alto met in mass meeting on March 21st, and adopted resolutions
+condemning the Call's course[50]. Senator Black from his sick bed wrote
+a letter showing the Call's insincerity and breach of faith with the
+pro-primary Senators[51]. The paper was bitterly denounced on the floor
+of the Senate.
+
+But throughout the State the newspapers which stand for good government,
+and incidentally for an effective direct primary law, were firm in their
+support of the anti-machine Senators. Just before Senator Black was
+taken ill, for example, at the time when Senator Stetson was unable to
+be at the capital, the Sacramento Star, in an editorial article under
+the heading, "Illness a Blessing," cleverly put in a nutshell what the
+people were thinking and the reform press was saying. "We do not desire
+to wish Senator Stetson any bad luck," said The Star, "but if his slight
+indisposition should continue for a few days, or, in lieu of that, if
+some other solon of the same faith as regards the Primary bill can only
+contract some minor ailment, there will be more joy than sorrow among
+the people who want something approaching a real direct primary."[52]
+
+Matters were brought to a climax when the performers through Senator
+Weed - who was, by the way, Chairman of the Committee on Public Morals,
+which reported adversely on the Walker-Otis bill-introduced a
+resolution, authorizing the Sergeant-at-Arms to bring Senator Black to
+Sacramento, even though a special engine and coach be chartered for the
+purpose[53]. The resolution brought forth indignant protest from the
+anti-machine Senators, and a telegram from Senator Black to Warren
+Porter, denouncing the unwarranted proceedings[54]. Nevertheless, Doctor
+Douglass W. Montgomery of San Francisco, in spite of the fact that four
+reputable physicians, Dr. Howard Black, Dr. H. B. Reynolds, Dr. J. C.
+Spencer and Dr. R. L. Wilbur, had certified that Senator black's
+physical condition did not permit of his being removed to Sacramento,
+went to Palo Alto with the Sergeant-at-Arms to investigate the sick
+Senator. Montgomery's investigations seem to have been confined to the
+outside of Senator Black's house[55]. At any rate he did not see Senator
+Black. The performance was given its sordid feature by Montgomery
+charging the Senate $400 for his services.
+
+The Montgomery incident demonstrated clearly that the machine was
+whipped[56]. Senator Wolfe accordingly on Monday, March 22, after
+holding the Senate in deadlock more than a week, moved that the vote
+whereby the Senate had refused to concur in the Assembly amendment to
+the Direct Primary bill, be reconsidered. This, the Senate as a matter
+of courtesy, at Senator Wolfe's request, did. It then refused to concur
+in the Assembly's objectionable amendment. For the second time, the
+Senate went on record against the machine's advisory district-vote plan
+for the election of United States Senators. For the second time the
+anti-machine element in the Senate, in its efforts to secure the passage
+of an effective direct primary measure, had, fighting fair, and in the
+open, and above board always, defeated the machine. The machine
+thereupon met the anti-machine element with a trick that completely
+turned the tables, a trick by which the anti-machine forces were
+defeated, and the machine element placed in a position to amend the bill
+as it might see fit.
+
+
+
+[42] Senator Wolfe, on the day of his defeat in the Senate, told the
+writer that he would offer no further opposition to the passage of the
+bill.
+
+[43] Charles R. Detrick of Palo Alto, for example, called the attention
+of both Wright and Van Smith to the errors, and offered his services for
+their correction, but his offer was declined.
+
+[44] The Call's course is all the more reprehensible from the fact that
+it had for two years been declaring for an effective Direct Primary law,
+and, indeed, assumed all the credit for the agitation for the reform.
+
+[45] The Leeds amendment, which the Call stated was in no way related to
+the McCartney amendment, read as follows:
+
+"Party candidates for the office of United States Senator shall have
+their names placed on the official primary election ballots of their
+respective parties in the manner herein provided for State officers,
+provided, however, that the vote for candidates for United States
+Senator shall be an advisory vote for the purpose of ascertaining the
+sentiment of the voters of the respective Senatorial and Assembly
+Districts in the respective parties."
+
+The McCartney amendment of that section of the bill dealing with the
+nomination of Senators read:
+
+"Amend the bill so as to give an advisory vote by districts on United
+States Senators."
+
+It will be seen that the Leeds amendment and the McCartney amendment
+were not remotely, but very closely related; were, in effect, the same.
+
+[46] A similar example of Pulcifer's trickiness attended the defeat in
+the Assembly of Boynton's Senate bill providing for a nonpartisan column
+on the election ballot for candidates for the Judiciary. The measure had
+the backing of the reform element, and passed the Senate with but little
+opposition. At that time it would have had even easier sailing in the
+Assembly. But the machine succeeded in preventing action on the measure
+In the Assembly until a few hours before adjournment. In the rush of the
+close of the session, the measure, it is alleged, was made subject of
+pretty vicious trading. But when it came to a showdown thirty-five votes
+were cast for the measure and twenty-nine against. Six more votes would
+have passed it. Had there been full attendance the bill would have been
+passed. A call of the House was ordered to compel such attendance, but
+was finally discontinued, by Pulcifer, who had voted for the bill,
+voting for discontinuance, thus tying the vote. This gave Speaker
+Stanton an opportunity to end proceedings under the call of the House,
+by casting the deciding vote against continuance. Stanton, with
+Pulcifer's assistance, thus cast what was practically the deciding vote
+that killed the bill. Had the call of the House been continued until all
+the Assemblymen were brought in, the measure would probably have been
+passed.
+
+[47] The vote in full was as follows:
+
+For the amendment and against the bill as it had passed the Senate:
+Barndollar, Beatty, Beban, Black, Butler, Coghlan, Collier, Collum,
+Cronin, Cullen, Feeley, Greer, Hammon, Hanlon, Hans, Hawk, Grove L.
+Johnson, Johnson of San Diego, Johnston of Contra Costa, Leeds,
+Lightner, Macauley, McClellan, McManus, Melrose, Mott, Nelson, O'Neil,
+Perine, Pugh, Pulcifer, Rech, Rutherford, Schmitt, Stanton, Transue,
+Wagner, Wheelan - 38.
+
+Against the amendment and for the bill as it passed the Senate:
+Beardslee, Bohnett, Callan, Cattell, Cogswell, Costar, Dean, Drew,
+Flint, Gerdes, Gibbons, Gillis, Griffiths, Hayes, Hewitt, Hinkle,
+Holmquist, Irwin, Johnson of Placer, Juilliard, Kehoe, Maher,
+Mendenhall, Moore, Odom, Otis, Polsley, Preston, Sackett, Silver,
+Stuckenbruck, Telfer, Whitney, Wilson, Wyllie, Young - 36.
+
+[48] When a bill passed by the Senate is amended in the Assembly the
+measure goes back to the Senate. If the Senate concur in the amendments,
+that settles the matter. But if the Senate refuse to concur, then the
+bill goes back to the Assembly, where that body may recede from its
+amendments or refuse to recede.
+
+If the Assembly recede, the measure goes to the Governor just as it
+passed the Senate. If the Assembly refuse to recede, the measure is
+referred to a conference committee of six, three appointed by the
+Speaker of the Assembly and three by the President of the Senate.
+
+The Conference Committee may consider only the amendments adopted by the
+Assembly. If the Conference Committee fail to agree, or if either Senate
+or Assembly reject its report, then the bill goes to a Committee on Free
+Conference. The Committee on Free Conference is permitted to make any
+amendment it sees fit. If its report be rejected by either Senate or
+Assembly, the bill gets no further; is dead, without possibility of
+resurrection.
+
+Such was the maze of technicality into which Lincoln-Roosevelt Leaguer
+Pulcifer threw the Direct Primary bill when he changed his vote from no
+to aye on the Leeds amendment.
+
+[49a] The postponements were made from hour to hour. The reform Senators
+would be informed that the matter would be taken up at eleven o'clock in
+the forenoon. At that hour, the machine would postpone consideration
+until three o'clock in the afternoon. At three o'clock, further
+postponement would be ordered until eight o'clock. At eight o'clock
+there would be postponement until the next morning. Twenty-one votes
+were necessary for concurrence in the Assembly Amendments, but a
+majority of those voting was sufficient to secure postponement. The
+machine on this issue controlled twenty votes, one short of enough for
+concurrence, but one more than the nineteen controlled by the
+anti-machine element, and hence enough to postpone from hour to hour
+consideration of Wolfe's motion.
+
+[49] It is very amusing less than three months later to see those
+partners of the Direct Primary fight, P. H. McCarthy and the San
+Francisco Call, in fierce political conflict at San Francisco.
+
+[50] The resolutions adopted at Palo Alto read: "Resolved, That we note
+with disapproval the changed attitude of the San Francisco Call upon the
+Direct Primary bill, and its attempt to discredit Senator Black and
+other friends of good government in the Legislature."
+
+[51] Senator Black's letter covered the situation fully. It was
+addressed to the press of the State, and was as follows: "No decent
+primary law would have been possible but for the combination of thirteen
+Republicans and seven Democrats in the Senate who have stood together
+throughout this whole fight. Senator Wright and the 'Call' were
+powerless in the contest until these twenty Senators got behind them.
+
+"One of the conditions of this combination was a State-wide vote on
+United States Senator, and the 'Call' fought with us against Senators
+Wolfe and Leavitt on this proposition. Immediately after the bill left
+the Senate and got into the Assembly the 'Call' began to display a lack
+of interest in the primary fight. If it had maintained its attitude in
+favor of the original bill these amendments never would have been
+proposed by the Assembly."
+
+"When the question of concurring in the Assembly amendments comes up, we
+find the 'Call' and Senator Wright deserting the men who made the
+primary fight in the Senate and going over to the camp of the 'push'
+politicians, who have always favored the district plan of nominating
+United States Senators."
+
+"I take issue with the 'Call' when it says: 'As a matter of fact, the
+whole question of the United States Senatorship is of little importance
+to the people of California,' etc."
+
+"The United States Senatorship is the most important office to be filled
+by the people of California under the provisions of the proposed Direct
+Primary law. The so-called district plan for nominating United States
+Senators is worse than a makeshift. it provides for no pledge on the
+part of candidates and would be purely a straw vote, binding on nobody."
+
+"The stubborn fact remains that the 'Call,' after leading in the fight
+for an honest Direct Primary law for two years and a half, has deserted
+the cause of the people at the most critical moment of the struggle."
+
+						"MARSHALL BLACK."
+
+[52] The Star's clever editorial article is worth preserving. It was in
+full as follows: "There are times, it appears, when the illness of a
+statesman is good for the people. We do not desire to wish Senator
+Stetson any bad luck, but if his slight indisposition should continue
+for a few days, or, in lieu of that, if some other solon of the same
+faith as regards the Primary bill, can only contract some minor ailment,
+there will be more joy than sorrow among the people who want something
+approaching a real direct primary.
+
+"As explained in The Star's news columns, had Senator Stetson not been
+ill, a tie vote on the proposition to concur with the Assembly in
+amending the primary bill, presumably in the interest of Senator Frank
+Flint and generally to machine advantage, would have occurred. And then
+- it's unkind to say such things - any person with a grain of sense
+would know that Mr. 'Performing' Porter, our honored and distinguished
+Lieutenant-Governor, would break the tie by casting his vote for the
+machine.
+
+"The evident intention of Senators who stand for the Wright bill in its
+original form, which is a start toward a real direct primary (and that
+doesn't include Senator Wright, more's the pity) to dodge the
+possibility of the tie vote by absenting themselves without leave is
+regrettable - regrettable only because it is necessary. Their action,
+with the aim of serving the best interests of the people, is highly
+honorable compared with the tactics of the powers that be, even unto the
+Governor himself, who have been trying every means to club legislators
+into line to stand by the 'organization' and defeat the will of the
+people.
+
+"It's hard to be very sorry just now over Senator Stetson's illness, but
+he deserves a vote of thanks for contracting that cold. And another for
+being on the right side."
+
+[53] The Weed resolution reads as follows: "Resolved, By the Senate of
+the State of California, That the President of the Senate be and he is
+hereby authorized to instruct the Sergeant-at-Arms to Proceed at once to
+Palo Alto with a competent physician, to be named by the President of
+the Senate, for the purpose of ascertaining whether it is safe for
+Senator Black to proceed at once to Sacramento, to attend as a member of
+the Senate the thirty-eighth session of the California Legislature, and
+
+"Be it further resolved, That in the event that such examination results
+in disclosing a state of health wherein it will be safe for Senator
+Black to be present, then the Sergeant-at-Arms shall bring him at once
+to Sacramento and, if necessary, to secure an engine and coach for that
+purpose."
+
+[54] Black's answering telegram was in full as follows: "I beg to inform
+you (Lieutenant-Governor Porter) and through you the Senate of
+California that I regard the resolutions adopted last Saturday in
+reference to my absence, as discourteous, as a reflection on my honor
+and integrity and as proposing an infringement on my privileges and
+rights as a Senator and citizen. I have, therefore declined to see the
+persons sent here under that resolution, and shall continue to decline
+to see them until my physicians inform me that I can with safety return
+to Sacramento.
+
+"Ample evidence of my physical condition has been presented to your
+representatives by four reputable physicians, and these physicians have
+furnished and will furnish evidence of my condition from time to time as
+requested by you or by the Senate.
+
+						"MARSHALL BLACK."
+
+[55] Dr. Montgomery's $400 report will be found in the appendix.
+
+[56] The schemes resorted to to get Black back to Sacramento are almost
+beyond belief. It was even intimated to him that his bills would be held
+up if he did not return. The following telegram scarcely requires
+comment:
+
+						Sacramento Cal Mch 20-09
+Hon. Marshall Black,
+
+Palo Alto, Cal.
+
+Your bill to issue bonds for general improvement fund before me. I would
+like to have you here to explain its provisions and the necessity for
+it.
+12-50Pm					J. N. GILLETT.
+
+
+
+Chapter XI.
+
+Machine Amends Direct Primary Bill[57].
+
+By Trick Prevents Senate From Concurring in Amendments to Correct
+Clerical and Typographical Errors, Thus Creating a Situation Which Threw
+the Measure Into a Committee on Free Conference With Power to Amend.
+
+
+
+It is a very good rule to be sure that your rattlesnake is dead before
+placing yourself in a position to be bitten. The reform Senators
+neglected this rule, with the result that after they had the machine
+element whipped on the direct primary issue, they placed themselves in
+a position where the "performers" struck at them viciously, and snatched
+victory from them.
+
+As was shown in a previous chapter, the Direct Primary bill, after it
+had originally passed the Senate in the face of machine opposition, was
+allowed to go to the Assembly containing several serious clerical and
+typographical errors. The Assembly corrected these errors by a series of
+ten amendments. It was necessary for the Senate to concur in these
+amendments to get the bill into proper form. The amendments added in the
+Assembly to which the anti-machine Senators took exception, were seven
+in number and dealt principally with the changing of the method of
+electing United States Senators, from the plan of State-wide vote, to
+that of district, advisory vote. The seven were known as the "vicious
+amendments"; the ten correcting the typographical errors were called the
+"necessary amendments." There is no good reason why the ten necessary
+amendments should not have been made before the bill was first sent to
+the Assembly. But they were not, and the errors which were thus left in
+the bill served the machine most advantageously when the final fight
+came. After Wolfe had given up hope of compelling the reform Senators to
+concur in the vicious amendments read into the bill in the Assembly, his
+play was to bring about a situation by which the bill would be thrown
+into a Committee on Free Conference. The committee would be appointed by
+President Porter of the Senate, and by Speaker Stanton of the Assembly.
+Such a committee would, of course, be in sympathy with machine policies,
+and could be counted upon to amend the bill to the machine's liking.
+There is little doubt that the machine leaders in the Senate and the
+machine leaders in the Assembly acted in conjunction in the proceedings
+which followed Senator Wolfe's action in abandoning his efforts to force
+the anti-machine Senators to support the so called vicious Assembly
+amendments.
+
+Wolfe's first move was to ask as a matter of courtesy that the Senate
+adopt his motion to reconsider the vote by which it had the week before
+refused to concur in the Assembly amendment. This request the reform
+element granted, purely as a matter of courtesy. Wolfe then edged up a
+step nearer.
+
+No sooner had he received the courtesy of reconsideration than both he
+and Leavitt were to the fore with a suggestion that the Senate should
+refuse to concur in all the amendments and let them be threshed out in
+the Assembly. The purpose of the two machine leaders was apparent.
+
+Had the Senate concurred in the ten Assembly amendments made necessary
+to correct typographical errors, and refused to concur in the seven
+objectionable amendments, all that would have been necessary would have
+been for the Assembly to recede from its objectionable amendments. But
+if Wolfe could so engineer matters that the Senate would refuse to
+concur in all the amendments, then it would be necessary for the
+Assembly to recede from all its amendments, including those intended to
+correct typographical errors, or send the bill to a conference
+committee, to be selected by Stanton and Porter. From a Committee on
+Conference to a Committee on Free Conference, also to be appointed by
+Stanton and Porter, and with full power to amend the bill to its liking,
+was but a step. The Committee on Free Conference was Wolfe's aim. He
+eventually got it.
+
+Boynton and Walker were quick to see the trend of Wolfe's requests,
+however, and Walker moved to vote on the seven vicious amendments on one
+roll call, and on the ten correcting the typographical and clerical
+errors on a second.
+
+As a substitute Wolfe moved that the seventeen amendments be passed upon
+under one roll call.
+
+At first Senators Cutten and Stetson apparently could not see the trend
+of Wolfe's scheming. In the debate that ensued Wolfe pretended
+indignation that his motives were being questioned.
+
+There was very good reason for questioning Senator Wolfe's motives, but
+Cutten and Stetson and even Walker assured Wolfe that no reflection upon
+him was intended. What these men should have done was to have denounced
+Wolfe right there as a trickster and made no bones about it. But on the
+absurd assumption that a member of the State Senate is necessarily a
+gentleman, the much deserved denunciation did not come.
+
+However, Wolfe's motion did not prevail and the amendments were taken up
+one by one. Six of the seven vicious amendments were rejected, the first
+of the six by a vote of 19 to 20.
+
+This brought the Senate to the amendments intended to correct
+typographical and clerical errors. And here the vote switched. The
+reformers had up to this time been voting to reject the amendments,
+because the amendments were objectionable, while the programmers in the
+first instance voted for concurrence. But when it came to amendments
+intended to correct typographical and clerical errors only, Wolfe and
+his following, with the exception of Burnett, who refused to stand for
+any such dastardly piece of work, voted to refuse to concur in the
+amendments, while the anti-machine Senators, of course, voted to concur
+in them.
+
+Burnett, voting with the anti-machine element, gave them twenty votes,
+leaving Wolfe and his following only nineteen. But twenty-one votes were
+necessary for concurrence. The machine, while it could not force the
+Senate to concur in the vicious amendments, could prevent the Senate's
+concurrence in the amendments to correct the clerical and typographical
+errors. The bill was accordingly sent back to the Assembly with the
+typographical and clerical amendments still in dispute.
+
+Even before the bill had reached the Assembly, Senator Frank Leavitt and
+George Van Smith of The Call were on the floor of that body, fighting to
+prevent the Assembly receding from its amendments.
+
+When the Assembly grasped the fact that the Senate had refused to concur
+in the amendments necessary for correction of typographical errors,
+those who were working for an effective Direct Primary bill were thrown
+into the greatest confusion. Speaker Stanton's rulings which followed,
+were not calculated to relieve the situation. Speaking from the desk,
+Stanton said:
+
+"If you recede from some of these amendments and not from others where
+will your bill be? It will be dead. The only thing that you can do to
+save the Direct Primary bill now is to recede from all the amendments
+and let the typographical errors remain in the bill, or refuse to recede
+from any of the amendments and let the bill go into conference. If you
+recede from some of the amendments and not from others, your bill is
+dead. We cannot send this bill back to the Senate saying that the
+Assembly has receded from some of the amendments and not from others."
+
+Assemblymen Preston, Bohnett and others who were standing for an
+effective measure, were amazed at the position which Stanton had taken.
+
+"I cannot for the life of me," said Preston, "see why we cannot recede
+from part of the amendments and refuse to recede from the others. Some
+of these amendments are really necessary for the good of the bill.
+Others should be rejected. Give me fifteen minutes and I will guarantee
+to dig up authorities which will show us the course to be pursued."
+
+Assemblyman Bohnett confessed himself unable to understand why the
+Assembly could not send part of the amendments to conference and not the
+others.
+
+By this time matters had got so warm in the Assembly that Senator
+Leavitt found it necessary to lend dignity to the occasion by taking his
+seat at the side of Speaker Stanton, whom he engaged in conversation.
+The conference was, of course, carried on in whispers.
+
+Assemblymen Young, Bohnett and others, finding that it would be
+impossible under the assumption of the Speaker to refuse to recede from
+part of the amendments while receding from the others, advised the good
+government members to refuse to recede from all the amendments, and pass
+the bill, typographical errors and all.
+
+It was demanded of Bohnett if this would not lead to the practical
+defeat of the measure. Bohnett insisted that it would not; that the
+typographical errors, while deplorable, did not materially affect the
+bill.
+
+However, many of the better element of the Assembly did not dare to take
+the risk, and the motion to recede was lost by a vote of 29 to 42[51].
+
+Assemblymen who unquestionably stood for a good bill voted against
+receding. Had the vicious amendments alone been under consideration,
+they would have voted to recede. Among these were such men as
+Assemblyman Drew of Fresno. The Assembly, having refused to recede from
+its amendments, the bill went to a Committee on Conference, appointed by
+Speaker Stanton and President Porter. The machine had gained its point.
+
+The Conference Committee consisted of Senators Wolfe, Leavitt and
+Wright, and Assemblymen Leeds, Johnson of Sacramento, and Hewitt. Of the
+Committee, Hewitt[59] was the only member who favored a Statewide vote
+for United States Senator, and opposed the advisory district vote. The
+committee had scarcely been missed from Senate and Assembly chambers
+before it was back to report that no agreement could be reached.
+
+The same members were thereupon appointed as a Committee on Free
+Conference, which gave them power to amend the bill. As a Committee on
+Free Conference they recommended the advisory district vote plan for the
+nomination of United States Senators[60].
+
+Senator Wolfe, having got the bill in shape to his liking, with a suave
+smirk upon his face, stated that he trusted that all the Senators
+present would vote for the measure.
+
+"Not on your life," came Caminetti's protest.
+
+And Caminetti did not vote for the Free Conference Committee's report.
+
+But in spite of Caminetti's protest, both Senate and Assembly adopted
+the Conference Committee's report. They had to do so or defeat the bill
+entirely. Caminetti was the only Senator who voted against it. The
+machine, after a fight of nearly two months, in which it was twice
+defeated in the Senate, and escaped defeat in the Assembly by only one
+vote, that of Pulcifer, had carried its point, had succeeded in denying
+the people of California the privilege of casting a practical,
+State-wide vote for United States Senators.
+
+What the anti-machine Senators[61] thought of the outcome is best
+expressed in the little speech which Senator Stetson made his
+fellow-Senators in explaining his vote to accept the report of the
+Committee on Free Conference.
+
+"Before voting on this matter," said Stetson, "lest any one in the
+future may think that I have been passed something and didn't know it, I
+wish to explain my vote, and wish to say that this permission accorded a
+candidate to go on record to support that candidate for United States
+Senate, who shall have the endorsement of the greatest number of
+districts, comes from nobody and goes to nobody. It means nothing -
+mere words - idle words. The only way in which a candidate could have
+been pledged would have been to provide a pledge or instructions to the
+Legislature. The words 'shall be permitted' mean nothing and get
+nowhere. I shall vote for this report, not because I want to, but
+because I have to if we are at this session to have any Direct Primary
+law at all."
+
+
+
+[57] The plain citizen will marvel at the lengths to which the machine
+went to prevent a provision being incorporated into the Direct Primary
+bill for the selection by State-wide vote of United States Senators. The
+plain citizen does not, however, look upon a United States Senator
+through the same eyes as the machine. To the plain citizen that United
+States Senator is desirable who represents policies beneficial to his
+country and his State; to the machine that United States Senator is
+desirable who will in effect turn his Federal patronage over to the
+machine. The election of United States Senators by State-wide vote would
+take their appointment out of machine hands, which would mean loss to
+the machine of Federal patronage. For this reason the almost
+unbelievable lengths to which the machine went to prevent the provision
+for State-wide vote for the election of United States Senators being
+incorporated into the Direct Primary bill.
+
+[58] The vote was as follows:
+
+Ayes: Messrs. Bohnett, Callan, Cattell, Cogswell, Collum, Costar,
+Flavelle, Gerdes, Gibbons, Gillis, Hinkle, Holmquist, Irwin, Johnson of
+Placer, Juilliard, Kehoe, Maher, Mendenhall, Odom, Otis, Polsley,
+Preston, Sackett, Stuckenbruck, Telfer, Whitney, Wilson, Wyllie and
+Young - 29.
+
+Noes: Messrs. Barndollar, Beardslee, Beatty, Beban, Black, Butler,
+Coghlan, Collier, Cronin, Cullen, Drew, Feeley, Fleisher, Flint, Greer,
+Griffiths, Hammon, Hanlon, Hans, Hawk, Hewitt, Johnson of Sacramento,
+Johnson of San Diego, Leeds, Macauley, McClelland, McManus, Melrose,
+Moore, Mott, Nelson, Perine, Pugh, Pulcifer, Rech, Rutherford, Schmitt,
+Silver, Stanton, Transue, Wagner, Wheelan - 42.
+
+[59] Hewitt voted against the amendments the day they were read into the
+bill.
+
+[60] The Free Conference Committee's amendment was in full as follows:
+
+"By nominating petitions signed and filed as provided by existing laws
+party candidates for the office of United States Senator shall have
+their names placed on the official primary election ballots of their
+respective parties, in the manner herein provided for State offices,
+PROVIDED, HOWEVER, THAT THE VOTE FOR CANDIDATES FOR UNITED STATES
+SENATORS SHALL BE AN ADVISORY VOTE FOR THE PURPOSE OF ASCERTAINING THE
+SENTIMENT OF THE VOTERS IN THE RESPECTIVE SENATORIAL AND ASSEMBLY
+DISTRICTS IN THE RESPECTIVE PARTIES, and the Senatorial and Assembly
+nominees shall be at liberty to vote either for the choice of such
+district expressed at said primary election, or for the candidate for
+United States Senator who shall have received the endorsement of such
+primary election in the greater number of districts electing members of
+his party to the Legislature."
+
+[61] Stetson was not the only Senator to protest. Senators Campbell,
+Holohan and Miller sent to the Secretary's desk the following
+explanation of their votes: "We voted for the Direct Primary bill
+because it seems to be the best law that can be obtained under existing
+political conditions. We are opposed to many of the features of this
+bill, and believe that the people at the first opportunity will instruct
+their representatives in the Legislature to radically amend the same in
+many particulars, notably in regard to the election of United States
+Senators, and the provisions that prevent the endorsement of a candidate
+by a political party or organization other than the one that first
+nominated such candidate."
+
+A second protest, signed by Senators Curtin, Cartwright and Sanford, was
+also printed in the Journal. It reads as follows: "We voted to adopt the
+report of the Committee on Free Conference on Senate Bill No. 3, not
+because we believe it to be what is desired by the people of this State,
+but because we believe it to be the only bill that can be adopted at
+this late hour, as the Legislature is about to adjourn."
+
+
+
+Chapter XII.
+
+The Railroad Regulation Issue.
+
+Recent Increase in Freight Tariff Had Brought About a Condition Which
+Required Action - Senate Divided Into Supporters of an Effective and
+Supporters of an Ineffective Measure - Manipulation by Which Measures
+Were Placed in Hands of a Machine-Controlled Committee.
+
+
+
+Some one has very well said that the real test of a Legislature is its
+action on railroad measures. The Legislature of 1909, if estimated by
+this standard would not appear to advantage. But to condemn the
+Legislature of 1909 for its failure to give the State an effective
+railroad regulation law, is to condemn every Legislature that has sat in
+California since the present State Constitution went into effect thirty
+years ago. The Constitution empowers the Legislature to pass effective
+railroad regulation measures, but up to the session of 1909, the
+machine, or system, or organization - one name is as fragrant as another
+- had prevented the passage, if we exclude the ineffective Act of 1880,
+of any railroad regulation law at all. The machine has ever moved
+against the interests of the people and in the interest of its
+dominating factor and at the same time its chief beneficiary, the
+Southern Pacific Railroad Company. It has so manipulated the nomination
+and election of Railroad Commissioners as to keep in that office men
+utterly dominated by railroad influences.
+
+With weak and corrupt men as Railroad Commissioners, and
+machine-dominated Legislatures which have neglected to pass laws which
+would have made the Commission effective, or even provide funds for the
+Commission to carry on its work, even had the Commissioners been so
+inclined, California has been left helpless to oppose any extortion
+which the railroad might see fit to exact. The system of charging all
+that the traffic will bear has governed utterly. For this the Southern
+Pacific Company can thank, and the People of California condemn, the
+machine.
+
+The cost to the people has been enormous. It was pretty conclusively
+shown at the Legislative investigation into the cause of recent advance
+of freight rates, that upwards of $10,000,000[62] a year has in this one
+instance been added to the freight charges exacted from the people of
+the Pacific Coast. The added burden falls upon the Pacific Coast
+manufacturer, merchant, farmer, fruit grower, consumer. All from the
+highest to the lowest help pay the tribute. Thirty years is a long
+period, and the arm of the railroad tribute-taker far-reaching. The vast
+sums which, unrestricted, the Southern Pacific has been able to exact
+run into enormous totals. From a dollar and cent standpoint, it has paid
+the Southern Pacific Company to control the machine.
+
+But the railroad's absolute domination of the State could not continue
+forever without protest that would eventually force a hearing. This
+protest came toward the close of 1908. The increase in freight rates
+made just before the Legislature of 1909 convened emphasized the
+necessity for the enactment of a law that should galvanize the Railroad
+Commission into activity; ensure the enforcement of constitutional
+provisions for the protection of the public against dominant
+transportation companies; in a word, provide effective railroad
+regulation.
+
+Governor Gillett in his biennial message to the Legislature, and
+Attorney General Webb in his biennial report gave expression to this
+aroused public sentiment.
+
+General Webb, after reviewing railroad conditions in California, on page
+13 of his report says: "It is thus apparent that the shippers of the
+State are practically helpless."
+
+"I believe," continues the Attorney General, "that this review of the
+situation will show the imperative necessity of prompt legislation on
+this subject, and under the Constitution of this State, the Legislature
+has ample authority to enact the required legislation."
+
+Governor Gillett, in his biennial message, takes practically the same
+stand as does Attorney General Webb.
+
+"Our State," says the Governor on page 12 of his message, "has not kept
+pace with the majority of the States of the Union in the enactment of
+laws regulating railroads in their business as common carriers."
+
+"I can virtually promise you," said General Webb at a meeting of the
+Senate Committee on Corporations, held on the evening of January 25th,
+"that in the event of this (the Stetson Railroad Regulation bill)
+becoming a law, and the Railroad Commission refusing or neglecting to
+act under its provisions, the Governor will call the Legislature
+together in extraordinary session for their impeachment."[63]
+
+There was no question of the aroused public sentiment in favor of the
+passage of a railroad regulation measure. Even before the Legislature
+convened it became evident that some sort of a measure would have to be
+passed; even the railroad lobby saw that. The Legislature accordingly
+divided on the question. As the fight was carried on in the Senate - the
+Assembly in the rush of the closing hours of the session merely putting
+its "O. K." on what the Senate had done - the division in the Senate
+alone will be considered. The division in that body was:
+
+(1) The minority, made up of the out and out machine Republicans and
+Democrats, who were prepared to pass a measure which under the name
+railroad regulation would leave the railroads practically independent of
+effective State supervision.
+
+(2) The majority, which stood for the passage of an effective law.
+
+The minority had the best captains in the Senate and was backed by the
+machine lobby made up principally of Southern Pacific attorneys.
+
+The majority was poor in generals. But it had the backing of the
+shippers of - the State, who sent able counsel to Sacramento to present
+the shippers' side.
+
+And in the end the machine minority wore out and defeated the majority.
+A comparatively effective railroad regulation bill was rejected and an
+ineffective measure passed.
+
+Three railroad regulation measures were introduced in the Senate, their
+authors being Campbell, Stetson, and Wright.
+
+The Campbell bill had much to commend it, but was rejected without much
+consideration by either side. Campbell was not in the program of either
+railroad or shippers. But before the session was over Campbell had made
+himself felt. He had, too, introduced a Constitutional Amendment for the
+correction of railroad abuses, which was to figure later on, but his
+bill was scarcely considered. The attorney for the shippers, in speaking
+before the Senate Committee on Corporations, confessed that he had not
+read the Campbell bill.
+
+The attorney for the Southern Pacific Company, however, attempted to
+split the anti-machine forces by praising the Campbell bill, and setting
+the anti-machine Senators to disputing over the relative merits of the
+Campbell and Stetson bills. But nothing came of this graceful little
+coup. Campbell and his followers were too sensible to be caught by any
+such trickery. They gave their loyal support to the Stetson bill, and
+the Campbell bill was allowed to die in the Senate Judiciary Committee.
+This narrowed the fight down to the Stetson bill and the Wright bill.
+
+The Stetson bill had been prepared in the office of Attorney General
+Webb, and at the instigation of Governor Gillett. As originally
+introduced it contained certain defects, which were afterwards
+corrected, but such Senators as Cutten, Caminetti, Black, Campbell,
+Miller, Cartwright, Bell and Thompson, admitted that the measure could
+be made the basis of as effective a law as could be prepared under the
+present constitutional provisions for the regulation of transportation
+companies.
+
+The original measure was particularly weak in the section providing for
+demurrage charges. This was finally corrected by the passage of a
+separate reciprocal demurrage bill, which had been introduced by Miller.
+Another weakness in the Stetson bill as originally introduced was that
+the Railroad Commission was made a sort of barrier between the Courts
+and those who had grievances against the transportation companies. This
+objection was corrected by amendments.
+
+Numerous other amendments adopted from time to time made the Stetson
+bill probably as effective as a California railroad regulation law can
+be made, under the Constitutional provision which places extraordinary
+powers in the hands of the State Board of Railroad Commissioners.
+
+Just where the Wright bill originated nobody seems to know for
+certainty. But Senator Wright introduced it. Senator Wright was well
+selected for the job. For two years he had been groomed as the reformer
+who would introduce the State-saving Direct Primary Bill. So a railroad
+regulation measure introduced by Senator Wright might at least be
+calculated to bear the stamp of respectability.
+
+Like the Stetson bill, the Wright bill was based on the constitutional
+provisions which make the State Board of Railroad Commissioners the
+center of railroad regulation in California. And here the parallel ends.
+
+Comparison of the two measures is not at all to the advantage of the
+Wright bill.
+
+The Stetson bill provided fine and imprisonment as penalty for
+infringement of its provisions; the Wright bill provided fine only.
+
+The Stetson bill had a definite anti-pass provision; the Wright bill as
+originally introduced had no such provision.
+
+The Stetson bill authorized not only the Attorney-General, but the
+District Attorney of any county of the State to proceed to enforce its
+provisions; the Wright bill granted the Attorney-General alone such
+authority.
+
+The Stetson bill required the Railroad Commissioners to meet at least
+once in every two weeks; the Wright bill provided that such meetings
+should be held monthly.
+
+The Stetson bill gave the Railroad Commissioners authority to make
+physical valuation of railroad properties; the Wright bill contained no
+such provision.
+
+The Stetson bill recognized all discriminations to be unjust; the Wright
+bill provided that no interference should be instituted unless the
+discriminations complained of were shown to be unjust.
+
+And finally, the Stetson bill provided that the State Board of Railroad
+Commissioners should have power to fix absolute rates, thus insuring
+stability of rate schedules, while the Wright bill provided that the
+Commissioners should fix maximum rates only, thus permitting the famous
+"fluidity" of schedules advocated by machine lobby and Southern Pacific
+attorneys.
+
+The contest between the supporters of the Wright and the supporters of
+the Stetson bill, finally narrowed down to the question of providing for
+absolute or maximum rates.
+
+The provision for the maximum rate in Senator Wright's bill, authorized
+the railroad regulating Commission to fix the highest charge which a
+railroad may exact from a shipper. This is called the maximum rate. The
+transportation company is authorized to lower the rate at will, but it
+cannot charge a rate beyond the maximum as fixed by the Commission. This
+leaves the railroads to fix a sliding schedule of rates, so long as they
+do not exceed the maximum. It gives the railroads the advantage of that
+"fluidity" of schedules, which railroad attorneys insist is necessary
+for railroad prosperity.
+
+The maximum rate is provided in the Interstate Commerce Act, but the
+Interstate Commerce Commissioners, finding it impracticable, have for
+years been clamoring for Congress to authorize the fixing of absolute
+rates. The cry of the Interstate Commerce Commission has been taken up
+by the shipping interests, and from one end of the country to the other
+there is growing demand that authority be placed somewhere to make
+railroad rates, when fixed by a regulating Commission, absolute.
+
+The absolute rate, or the fixed rate as it is better called, which was
+provided in the Stetson bill, can neither be lowered nor raised by the
+railroads. Once fixed by the regulating Commission, it must remain until
+the Commission grants permission for its change. The railroads cannot
+lower it any more than they can raise it.
+
+The advantages of the absolute rate are many. In the first place, where
+the absolute rate is established, there can be no discrimination,
+because the rate is known, it can neither be raised nor lowered, and the
+railroads have no opportunity to favor one shipper at the expense of
+another.
+
+In the second place, the shipper is guaranteed a stability of rate
+schedules which is deemed necessary for settled business conditions. The
+merchant, for example, includes transportation charges in the cost price
+of the goods in which he deals. But if the transportation charges on the
+same class of goods are subject to frequent change, the merchant can
+never tell when his competitor is to be given the advantage of a sudden
+lowering in freight rates. This uncertainty unsettles business. The
+merchant holds that transportation rates should be just as stable as
+tariff rates. On this account, the merchant advocates fixed rates and
+stability of schedules as against maximum rates and constantly shifting
+schedules.
+
+The supporters of the Stetson bill, then, backed the shipping and
+merchant classes; while the supporters of the Wright bill backed the
+contentions of the transportation companies.
+
+The Campbell and the Stetson bills had been originally referred to the
+Senate Judiciary Committee, while the Wright bill had been referred to
+the Senate Committee on Corporations. For the first few weeks of the
+session, no particular note had been taken of the Wright bill, attention
+being centered on the amendment of the Stetson bill.
+
+Things were going swimmingly with the Stetson bill, when the machine
+lobby awoke to the fact that something was wrong in the Senate. There
+was at least some indication that the Senate would pass an effective
+railroad regulation measure.
+
+And then, before the advocates of the Stetson measure could tell exactly
+what was happening, the railroad regulation measures were taken from the
+Judiciary Committee and placed in the hands of the Committee on
+Corporations.
+
+A glance at the personnel of the two Committees at least suggests why
+this was done.
+
+The members of the Judiciary Committee were Willis, Wolfe, Wright,
+McCartney, Savage, Boynton, Anthony, Burnett, Cutten, Estudillo,
+Martinelli, Roseberry, Stetson, Thompson, Curtin, Cartwright, Caminetti,
+Miller, Campbell.
+
+The nine Senators whose names are printed in Italics, when the issue
+came to vote on the floor of the Senate, voted against the Stetson bill
+and for the Wright bill; nine of the ten whose names are printed in
+ordinary letters voted for the Stetson bill and against the Wright bill.
+The tenth, Roseberry, was absent, but when he found that the vote had
+been taken, stated that had he been present he would have voted for the
+Stetson bill and against the Wright bill.
+
+Furthermore, Estudillo, who finally voted for the Wright bill, did not
+approve the measure and voted for it because he feared the absolute rate
+feature of the Stetson bill to be unconstitutional.
+
+Thus at the time the Stetson and the Campbell bills were taken from the
+Judiciary Committee, the Committee was regarded as standing:
+
+For the Wright bill - 8.
+
+Against the Wright bill - 11.
+
+For the Stetson bill - 11.
+
+Against the Stetson bill - 8.
+
+It was certainly not in the interest of the Stetson bill that the
+measure was taken from the Judiciary Committee and sent to the Committee
+on Corporations.
+
+A glance at the personnel of the Committee on Corporations reveals a
+significant state of affairs. The Committee consisted of the following
+Senators: Bates, Welch, Wright, McCartney, Burnett, Bills, Walker,
+Roseberry, Finn, Miller, Kennedy.
+
+When the test came on the floor of the Senate, the nine of the eleven
+Senators whose names are printed in italics voted for the Wright bill
+and against the Stetson bill. The two members whose names are printed in
+ordinary letters, voted for the Stetson bill, and against the Wright
+bill.
+
+The line-up of the Committee on Corporations, when the measures were
+taken from the Judiciary Committee and sent to the Committee on
+Corporations, was then:
+
+For the Wright Bill - 9.
+
+Against the Wright Bill - 2.
+
+For the Stetson Bill - 2.
+
+Against the Stetson Bill - 9.
+
+The change was certainly not made in the interest of the Stetson bill.
+
+The incident stirred up Campbell and other anti-machine Senators to the
+fighting pitch. An arrangement was made, however, by which the measures
+were to be sent back to the Judiciary Committee after the Committee on
+Corporations got through with them that the Judiciary Committee might
+pass upon their constitutionality. The arrangement had two effects - it
+silenced the unquieting protest of the anti-machine Senators, and it
+delayed consideration of the bills. But, as the sequel showed, the
+arrangement did not help the Stetson bill in the least.
+
+
+
+[62] The testimony was that of George J. Bradley, traffic manager of the
+Merchants' and Manufacturers' Traffic Association of Sacramento. It was
+as follows:
+
+It is estimated on conservative figures that the increase in eastbound
+California products, or Pacific Coast products, I should correctly say,
+which is composed of canned fruits, canned vegetables and canned salmon,
+of which there are several million cases, go from the North Pacific
+coast through either San Francisco or through the North Pacific coast,
+the minimum being forty thousand pounds to the car, and the increase
+being ten cents per hundred pounds, means forty dollars a car increase.
+Now, taking the number of cars of all those products that are shipped,
+it amounted to about - and leather and other products - it amounted to
+about four million dollars eastbound. Now, when the question of
+westbound comes out, of course, it is practically impossible for any man
+to say just exactly what that increase will mean in dollars and cents,
+and the only way, therefore, to arrive at it is to take the percentage
+of proportion now in their westbound tariff, which is composed of about
+between eight hundred and a thousand items. They have raised the rates
+from 10 to 25 cents on over two hundred articles, all of which move in
+quantities; in other words, the process by which the tariff has been
+amended has been that in every instance where there was a commodity
+moving in quantities the rate has been advanced; wherever there was no
+movement and they wished to encourage a movement, they reduced the rate.
+Now, you take the five transcontinental lines that operate on the
+Pacific Coast, namely, the Northern Pacific and the Great Northern on
+the north and the Canadian Pacific; the Southern Pacific and the Santa
+Fe and the San Pedro and Los Angeles on the south, give you six trunk
+lines operating on the Pacific Coast. If you will take their gross
+earnings, which amount to over four hundred millions, segregate that by
+allowing fifty per cent of that to passenger service, which is a very
+conservative estimate, because the passenger service does not amount to
+that, leaves two hundred million dollars of gross freight earnings. Take
+five per cent of that for terminal business, and business is based on
+terminal rates from the coast, plus the local back, because the rate, of
+course, is felt everywhere, the rates to the interior points are made on
+the terminal rate, plus the local back. Take five per cent of that and
+their increase in every instance has been 10 per cent, and in some cases
+16 2/3 and 20 per cent; but take a very liberal conservative estimate
+and put it at five per cent and you have ten million dollars; now, split
+that in two and take two and a half per cent of it and you have got five
+millions of dollars. Now, that and your four million dollars on
+eastbound freight and you have nine millions of dollars increase in
+freight rates, and I believe that that is a conservative estimate. I
+don't see how you could get at it any closer, because every man, it
+doesn't make any difference where he is, every man that buys pays that
+ten to twenty per cent increase.
+
+[63] Senator Caminetti on February 12 introduced a concurrent resolution
+calling for the removal of the present Board of Railroad Commissioners
+from office. The Committee on Corporations  reported adversely, and on
+March 15th the resolution was finally rejected.
+
+
+
+Chapter XIII.
+
+Machine Defeats the Stetson Bill.
+
+Southern Pacific Attorney Succeeds in Clouding the Issue - Railroad
+Claquers Active in Advocating the Maximum Rate, Which Was Designated as
+Little Better Than No Rate At All - No Fight Over the Bill in the
+Assembly.
+
+
+
+Having succeeded in transferring the railroad regulation measures from
+the Senate Judiciary Committee, the majority of whose members were
+anti-machine, to the Committee on Corporations, the majority of whose
+members were machine, the machine proceeded to discredit the Stetson
+bill, by making it appear that the State Constitution by implication
+prohibits the fixing of absolute railroad rates, and provides that the
+Railroad Commissioners may fix maximum rates only. Peter F. Dunne was
+brought to Sacramento to make this argument before the Senate Committee
+on Corporations.
+
+Dunne, in his address, showed greater ability than integrity. When he
+had finished, even the anti-machine members of the Committee were
+completely befuddled. Walker, one of the members of the Committee who is
+not a lawyer, groped in utter darkness thereafter, until he finally
+stumbled into the arms of Eddie Wolfe and Frank Leavitt and Jere Burke,
+when the final vote on the railroad bills was taken. It was Walker's
+only stumble of the session. But for his unfortunate vote against the
+Stetson bill and for the Wright bill, Walker would have made an
+exceptionally clean record.
+
+Not only did Dunne befog the lay Senators of the Committee, he shook the
+faith of men like Miller and Roseberry - both lawyers - on the
+constitutionality of the absolute rate. Miller recognizes that the
+absolute rate is the only practical rate; but until the end of the
+session he was not prepared to say that it could be constitutionally
+established. Dunne certainly did a good job. To be sure, his address was
+a mass of misrepresentations, but of misrepresentations cunningly put.
+He shattered the implicit faith of the anti-machine Senators in the
+absolute rate. And that was what he had been sent to Sacramento to do.
+The evil that Dunne did lived long after he had left the capital.
+
+Curiously enough, neither the term "absolute rate" nor "maximum rate"
+appears in the State Constitution.
+
+Article XII, Section 22, of the Constitution, provides that the Railroad
+Commissioners "shall have the power and it shall be their duty to
+establish rates of charges for the transportation of passengers and
+freight by railroad or other transportation companies."
+
+Further on in the same section, it is provided that "any railroad
+corporation or transportation company which shall fail or refuse to
+conform to such rates as shall be established by such Commissioners, or
+shall charge rates in excess thereof, * * * shall be fined not exceeding
+$20,000 for each offense."
+
+The dispute between those who stood for maximum rates - that is to say,
+the members of the machine lobby, the machine Senators, the Southern
+Pacific attorneys and those who wanted absolute rates - namely, the
+anti-machine Senators and the attorneys representing large shipping
+interests - waxed hot over the words in the above quotation which are
+printed in Italics.
+
+The advocates of the absolute rate held, with at least apparent reason,
+that the words "fail to conform to such rates" mean just what the
+dictionaries say they do: That the railroad charging a rate in excess of
+that fixed by the Railroad Commissioners, or a rate less than that fixed
+by the Commissioners, is not conforming to the rates. Such, at least,
+seems reasonable construction of a very simple phrase.
+
+But not so, insisted the railroad lobby. That aggregation of patriots
+skimmed over the words "fail to conform to such rates," and saw only,
+"or shall charge in excess thereof." Inasmuch, the pro-railroad element
+held, as the Constitution says that the railroads shall not charge in
+excess of the rates fixed by the Railroad Commissioners, the railroads
+are at liberty to reduce the rates as fixed by the Commissioners at
+will. In other words, according to the pro-railroad element, the
+Constitution authorizes the fixing of maximum rates only.
+
+The pro-railroad claquers even went so far as to claim that the Supreme
+Court has decided that the maximum rate is the only rate that can be
+fixed under the State Constitution. They referred the doubtful to the
+notorious decision in the Fresno passenger rate case known as the Edson
+decision.
+
+But no question of maximum rates was involved in the Edson case. To be
+sure, Chief Justice Beatty took occasion to say in his opinion in that
+case that his understanding had been that the State Constitution
+provides for the maximum rate. But this had no place in the decision,
+was purely dictum, and is so regarded.
+
+Attorney-General Webb has an ingenious but very plausible explanation of
+Judge Beatty's much-discussed observation. General Webb points out that
+previous to the adoption of the present State Constitution - 1879 -
+Justice Beatty had been engaged in the active practice of the law in
+this State. Up to the time of the adoption of the Constitution of 1879
+the maximum rate had prevailed in California. About that time, Judge
+Beatty went to Nevada and was absent from the State for several years.
+Returning to California, after the State Constitution had been adopted,
+Judge Beatty found no case in which the duties of the Railroad
+Commissioners had been involved, until the Edson case came up.
+
+"I am of the opinion," said General Webb in discussing this point, "that
+when the Chief justice spoke of the maximum rate in the Edson case he
+was governed by mental impressions received previous to 1879, when the
+maximum rate was indeed the rule in California."
+
+All this was a very pretty theory. To the common-sense mind "conform to
+the rates fixed" might mean conform to them; the normal man might be
+unable to dig out of the Constitution any prohibition of absolute rates.
+But the confusion caused by the raising of the question got the Stetson
+bill very much in the air.
+
+During all the discussion, however, the Wright bill was not considered
+at all. Nobody was thinking of the Wright bill - that is to say, nobody
+outside of those scheming for its passage. Like a mongrel duck's egg
+under a respectable hen, it was left to incubate undisturbed, to
+surprise everybody at the hatching.
+
+Finding themselves unable to clear away the doubt which raising the
+question of the constitutionality of the absolute rate had created, the
+anti-machine Senators and the attorneys of the shippers finally, after
+the Wright bill had been forced into prominence, put the case something
+like this:
+
+"If the Courts decide that the maximum rate only is constitutional, then
+the Wright bill, which provides for the maximum rate, will be
+constitutional, and the greater part of the Stetson bill will also be
+constitutional.
+
+"But if the Courts decide that an absolute rate is the only rate
+justified under the Constitution, then the Wright bill will be
+unconstitutional and all the Stetson bill constitutional."
+
+This somewhat loose argument unquestionably kept certain Senators who
+recognized the impracticability of the maximum rate, but feared for the
+constitutionality of the absolute rate, in line for the Stetson bill.
+
+With the situation thus confused, all was in readiness to bring the
+Wright bill before the public. This was done on February 17th. Up to
+that date the writer honestly believes that not two minutes had been
+devoted to public discussion of this measure, although the Stetson bill
+had been discussed paragraph by paragraph, line by line, every word
+weighed carefully.
+
+The ceremony of giving the Wright bill prominence took place behind the
+closed doors of an executive session of the Senate Committee on
+Corporations. These executive sessions, by the way, are seldom held when
+the best interests of the public are to be conserved. The proceedings
+were evidently pre-arranged. Senator Wright opened by moving that the
+policy of the Committee should be that the Railroad Regulation measure
+to receive favorable consideration from the Committee must provide for
+the maximum rate.
+
+The vote was as prompt as it was decisive. Senator Wright's motion
+carried by a vote of 7 to 3. The vote was as follows:
+
+For the maximum rate - Bates, Welch, Wright, McCartney, Bills, Finn,
+Kennedy.
+
+Against the maximum rate - Walker, Roseberry, Miller.
+
+Burnett, the eleventh member of the Committee, was absent.
+
+Gradually it dawned upon Walker, Miller and Roseberry that this meant
+the favorable recommendation of the Wright bill. The next moment that
+fact was hammered into them by the Committee deciding by the same vote,
+7 to 3, to recommend that the Stetson bill do not pass; and that the
+Wright bill do pass.
+
+The machine had won the opening skirmish in the railroad regulation
+controversy. Incidentally it had come out in the open squarely for the
+Wright bill. From that moment the machine Senators labored openly for
+the passage of the measure. However, the machine was not yet out of the
+woods with its Railroad Regulation bill. The Senate Judiciary Committee
+had still to pass upon it, and the majority of the Judiciary Committee
+was anti-machine.
+
+Wright followed the same course in the Judiciary Committee as he had
+taken in the Committee on Corporations, namely, moved that it be the
+sense of the Committee that the Railroad Regulation bill to be favorably
+considered by the Committee should provide for the maximum rate.
+
+Wright's motion was, however, lost by a vote of 8 to 10. The Committee
+not only rejected the maximum rate, but endorsed the absolute rate, thus
+reversing the Committee on Corporations. The vote by which this was done
+was as follows:
+
+Against the maximum rate, against the Wright bill and for the Stetson
+bill - Campbell, Cutten, Miller, Stetson, Thompson, Caminetti, Boynton,
+Roseberry, Curtin and Cartwright - 10.
+
+For the maximum rate, for the Wright bill and against the Stetson bill -
+Anthony, Martinelli, McCartney, Wright, Willis, Wolfe, Burnett and
+Estudillo - 8.
+
+Absent - Savage - 1.
+
+Thus the Stetson bill after two months of machine effort against it,
+went to the floor of the Senate from the Judiciary Committee with the
+recommendation that it "do pass." Of the forty Senators, nineteen were
+lawyers, and every one of the nineteen was a member of the Senate
+Judiciary Committee. Thus the majority of the lawyers of the Senate, in
+spite of the confusion which the machine claquers had created, were
+willing to take their chances on the constitutionality of the Stetson
+bill.
+
+But in fairness it must be admitted that members of the Judiciary
+Committee who voted for the absolute rate provision of the Stetson bill
+were still in the befuddled condition in which Peter F. Dunne's
+sophistry had left them. Senator Miller, for example, in explaining his
+vote for the absolute rate, said:
+
+"I take this stand, not that I am convinced that the Supreme Court will
+decide the absolute rate to be constitutional; I fear that it may not.
+But the maximum rate is little better than no rate at all. I wish the
+absolute rate provided in this bill, that the Supreme Court may be given
+opportunity to pass upon it."
+
+Senator Roseberry, who voted for the absolute rate, confessed himself as
+much at sea as was Senator Miller. Senator Estudillo, who voted for the
+maximum rate, insisted that he had not been able to make up his mind
+which should be adopted.
+
+On the other hand, Senator Cutten, himself a lawyer and a close student
+of the legal questions involved, stated that while he had thought
+originally that the maximum rate is the only constitutional rate that
+can be fixed, he had been forced to come to the conclusion that the
+absolute rate alone is constitutional.
+
+But in the end the Wright bill and not the Stetson bill passed the
+Senate. It passed after a day of debate in which the issue became
+clouded, if anything, worse than at any stage of the proceedings.
+Leavitt and Wolfe, with Wright chipping in with a me-too word now and
+then, led the debate in favor of the Wright bill. Senators Stetson,
+Boynton, Cutten, Roseberry and Miller led the fight for the Stetson
+bill. Significant enough was the fact that the line-up of Senate leaders
+was precisely the same as that in the fight which the machine carried on
+against the Direct Primary bill.
+
+Miller's argument in favor of the Stetson bill showed the confusion
+under which the advocates of effective railroad regulation were
+laboring:
+
+"If we adopt the Wright bill," said Miller, "the railroads will be
+satisfied and never dispute it in the Courts. Whereas, by the adoption
+of the Stetson bill the railroads will almost be compelled to appeal to
+the Courts, and then we shall have a quick decision on the question in
+which we are all interested. If the Courts sustain the Stetson bill, we
+shall have a law that will do all we want for the present."[64]
+
+The debate on the measures was on a motion by Stetson that the Stetson
+bill be substituted for the Wright bill. In this Stetson made a serious
+mistake. He staked his whole bill on one issue, that of absolute or
+maximum rates. On all other points, the Stetson bill was better than the
+Wright bill. It was a mistake in policy for Stetson to stake the fate of
+his measure on a single issue.
+
+Stetson's motion was lost by a vote of 16 to 22; the Stetson bill was
+accordingly not substituted for the Wright bill, and the Wright bill,
+which had come from the Judiciary Committee with a minority report back
+of it, went to third reading and final passage.
+
+The vote by which Stetson's motion was defeated, was as follows:
+
+To substitute the Stetson bill for the Wright bill - Bell, Birdsall,
+Black, Boynton, Caminetti, Campbell, Cartwright, Curtin, Cutten,
+Holohan, Lewis, Miller, Sanford, Stetson, Strobridge, Thompson - 16.
+
+Against substituting the Stetson bill for the Wright bill - Anthony,
+Bates, Bills, Burnett, Estudillo, Finn, Hare, Hartman, Hurd, Kennedy,
+Leavitt, Martinelli, McCartney, Price, Reily, Savage, Walker, Weed,
+Welch, Willis, Wolfe, Wright - 22.
+
+Senators Roseberry and Rush were absent from the room when the vote was
+taken but both were for the Stetson bill, which would have made the vote
+22 to 18 in favor of the Wright bill.
+
+The twenty Senators whose names are printed in Italics are the twenty
+who voted with Leavitt and Wolfe to maintain the deadlock on the Direct
+Primary bill that the measure might be so amended that the electors of
+California would be denied a practical, State-wide vote for United
+States Senators. But one of the twenty, Lewis, voted for the Stetson
+bill, while nineteen of them voted for the Wright bill.
+
+On the other hand, only three of the Senators, Estudillo, Anthony and
+Walker, who stood out for an honest Direct Primary law, voted against
+the Stetson bill and for the Wright bill. Walker had supported the
+Stetson bill in the Committee on Corporations, but stumbled into the
+machine ranks when it came to final vote. Had the anti-machine had an
+organization, such as the machine Democrats and Republicans maintained,
+Walker's blunder could have been prevented. Probably, too, Estudillo and
+Anthony would have remained with the anti-machine forces[65]. This would
+have given the Stetson bill twenty-one votes, and assured its passage.
+
+Another vote that should have been saved to the reformers was that of
+Burnett. Burnett was clearly tricked into voting for the Wright bill.
+When the Stetson bill received the favorable recommendation of the
+Senate Judiciary Committee, machine claquers filled the air with the
+indefinite promise that in the event of the Wright bill becoming a law,
+a constitutional amendment would be adopted, by which all ambiguity in
+the State Constitution on the question of maximum and absolute rates
+would be removed. The amendment was then pending before the Senate
+Judiciary Committee, which finally reported it favorably.
+
+After the Wright bill had been passed, the amendment was defeated by
+machine votes, as will be shown in the next chapter.
+
+In the closing days of the session, when Burnett was urging that steps
+be taken for investigation into the increase of freight rates, he called
+attention to the fate of that railroad-regulation amendment.
+
+"I was led to vote as I did for the Railroad Regulation bill," he said,
+"on the understanding that that constitutional amendment would be
+adopted. As you know, it was defeated. My attitude on the regulation
+bill would have been very different had I known that the amendment was
+to be rejected."
+
+The Wright bill met with practically no opposition in the Assembly,
+being rushed through the Lower House in the closing hours of the
+session. Had the Stetson bill passed the Senate, the machine would have
+tried to block and amend it in the Assembly as was done with the Direct
+Primary bill, but the measure would probably have been passed.
+
+Had the anti-machine forces in the Senate been organized, the Stetson,
+and not the Wright bill, would have passed that body. Without
+organization, or even definite policy, in the face of organized machine
+opposition, it is astonishing - and at the same time most encouraging -
+that eighteen of the forty Senators stood by the Stetson bill to the
+end.
+
+
+
+[64] The question to which Senator Miller referred was: Has the
+Legislature power under the Constitution to authorize the Railroad
+Commissioners to fix the absolute rate? a question upon which the
+machine does not propose the Supreme Court shall be required to pass.
+
+[65] Walker and Estudillo were bitterly condemned for their vote for the
+Wright bill. Incidentally, the writer has been roundly criticized for
+offering the excuse in their behalf that these two men indicated by
+their attitude on other measures throughout the session that they would
+have continued with the reform element in the matter of railroad
+regulation, had the anti-machine Senators been organized to give
+effective resistance to the machine. Perhaps the sanest of this
+criticism, certainly the most reasonable, is from a gentleman who was a
+close observer of the work of the session. He says:
+
+"The course of the railroad rate bill from my point of view looked
+somewhat different in many details, at any rate, from your account of
+it. I cannot bring myself to think that it was defeated by any chance at
+the hands of a friendly Legislature. I think that what chances there
+were were mostly added to the number of votes the bill got and that the
+attitude of men like Walker and Estudillo on that bill was fundamental
+and to have been expected from the start. Of course what you say about
+the woeful lack of organization amongst the individual men was only too
+apparent. That phenomenon reaches back still deeper and is based upon
+the quality of human nature which exerts itself more persistently and
+more energetically and with soldier-like rhythm of compact organization
+when private selfish interests are involved, than when the general
+interest and somewhat vague uncentered end of public welfare is
+concerned."
+
+But in spite of this very reasonable view, from a very reasonable
+gentleman, the fact remains that in the Committee on Corporations,
+Walker stood out against the machine on this very issue, and that in the
+direct primary fight both Walker and Estudillo stood out against the
+machine to the end. Had the anti-machine element been organized, the
+Stetson bill and not the Wright bill would in all probability have been
+passed.
+
+
+
+Chapter XIV.
+
+Railroad Measures.
+
+Constitutional Amendment to Clear the Way for an Effective Railroad
+Regulation Bill Defeated - Rate Investigation Delayed Until Too Late for
+Effectiveness - Resolution to Continue Investigation Defeated -
+Reciprocal Demurrage Bill Becomes a Law - "Error" in the Full Crew Bill.
+
+
+
+The anti-machine members of the Legislature had not proceeded far in
+their efforts to pass an effective railroad regulation law, before they
+became convinced that at best only a make-shift measure is possible,
+until certain alleged ambiguities of those sections of the State
+Constitution prescribing the powers and duties of the State Board of
+Railroad Commissioners have been removed. Where, to the common sense
+mind, no ambiguities exist, machine claquers and Southern Pacific
+attorneys can read them into the Constitution very easily, as in the
+dispute as to whether the absolute or the minimum rate is
+constitutional.
+
+Advised by the attorneys representing the shipping interests, the
+anti-machine members undertook to simplify the language of the sections
+in dispute, so that a wayfaring man though a Judge on the bench or a
+machine legislator need not err in the construction thereof.
+
+Early in the session, Senator Campbell had introduced a constitutional
+amendment to that end. The amendment went to the Judiciary Committee on
+January 14th. The majority of the committee, openly against the machine,
+favored the submission to the people of such an amendment. But it was
+not until February 22d that the amendment - or rather a substitute for
+it - was reported back to the Senate.
+
+The day following, February 23d, Senator Campbell had the measure
+re-referred to the committee, that an amendment better calculated to
+meet the needs of the State might be prepared. The committee took until
+March 5th to make its report. The anti-machine Senators on the committee
+had to fight for every inch of the way toward securing a report upon an
+effective amendment. This, however, they finally succeeded in doing. The
+second substitute amendment smoothed out the ambiguities and the alleged
+ambiguities of the Constitution, of which the machine legislators made
+so much during the session, and of which it is feared the courts may
+make much later on. For the long list of constitutional powers and
+duties of the Railroad Commissioners, which are so worded as to confuse
+the legal mind, the framers of the amendment substituted the following:
+
+"The Commission (Railroad) and each of its members shall have such
+powers and perform such duties as are now or may hereafter be provided
+for by law." Under that simple permission there could have been no
+question of the authority of the Legislature to empower the Railroad
+Commissioners to fix a system of absolute rates. Section 23, Article
+XII., of the Constitution, which at least confused the lawyers employed
+by the railroads to prevent the passage of the Stetson bill, was
+repealed entirely. The adoption of the amendment, would, had it been
+approved by the people at the general election of 1910, have removed
+every impediment which railroad attorneys claim to be in the way of an
+effective railroad regulation law for California.
+
+Curiously enough the machine Senators who had been so much exercised
+over the alleged ambiguities of the Constitution when the Stetson bill
+was under consideration were found opposed to the submission of the
+amendment to the people. Every Senator who voted against the amendment
+had voted against the Stetson bill and had voted for the Wright bill.
+Burnett, who had been led to believe when he voted for the Wright bill
+that the amendment would be submitted to the people, voted for the
+amendment. Walker also switched back from the machine. Wright and
+McCartney, who had voted against the Stetson bill, also went on record
+for the amendment. The remaining fourteen Senators who voted for it, to
+a man, had voted for the Stetson bill and against the passage of the
+Wright bill. But a two-thirds vote of the Senate was required for the
+amendment's adoption. This meant twenty-seven votes. The amendment was
+defeated, the vote being nineteen for submission of the measure to the
+people, and sixteen against[66].
+
+This ended all hope of a model railroad regulation law for California
+until 1913, for the Constitution must be amended before such a law can
+be realized. If a satisfactory amendment be adopted in 1911, it must
+before going into effect be ratified by the people. This ratification
+would come in 1912. The Legislature of 1913 would then be able to
+proceed with the passage of the model statute.
+
+An attempt to investigate the causes and the necessity of the arbitrary
+increase in transcontinental freight rates failed as completely as did
+the attempted amendment of the Constitution.
+
+Early in the session, on January 18, to be exact, Senator Caminetti
+introduced a resolution which directed the Senate Committee on Federal
+Relations to inquire into the cause of the increase in freight rates,
+and to report its findings to the Senate. Two days later Caminetti
+introduced a second and companion resolution, which provided that
+investigation should be made into the causes for the increase in express
+charges. On Senator Leavitt's motion this last resolution was made a
+special order for January 22, when the first resolution was to come up.
+The Senate on the 22d re-referred the resolutions back to the committee.
+
+The Senate Committee on Federal Relations was, by Caminetti's clever;
+tactics in having the resolutions go to that body, forced into a
+prominence which evidently worried the machine. It consisted of Burnett,
+Black and Sanford. Black, Republican, and Sanford, Democrat, were
+working openly against the machine. Burnett, while he managed to land on
+the machine side of things at critical points in the progress of the
+session, was by no means a machine coolie. Had it been known that the
+Committee on Federal Relations was to be charged with an investigation
+into railroad affairs, a very different committee would unquestionably
+have been appointed. The machine's problem was to correct the blunder
+made when the anti-machine forces were given a majority on what had
+become a committee charged with the handling of an important railroad
+issue. The ease with which the blunder was corrected speaks volumes for
+the machine's resourcefulness.
+
+The air at the capitol suddenly became permeated with the idea that a
+committee of three was altogether too small to conduct so important an
+investigation as that proposed in the Caminetti resolutions. Accordingly
+the Committee on Federal Relations very readily recommended, when it
+reported the resolutions back to the Senate with the recommendation that
+the investigation be held, that two Senators be added to the committee,
+making it a committee of five. Had the machine observed the unwritten
+rules of Senatorial courtesy[67], which machine Senators insist upon so
+loudly, the anti-machine element would have been safe enough in doing
+this. Senatorial courtesy required that the author of the resolutions,
+Caminetti, be made one of the two additional members. This would have
+given the anti-machine element at least three members of the enlarged
+committee, a condition which did not line with machine purposes at all.
+So Senatorial courtesy was thrown to the winds, Senator Caminetti was
+ignored, and Senators Wolfe and Bills were named as the additional
+members of the committee. The machine seldom blunders, but when it does,
+usually covers its blunders with astonishing directness and dispatch. A
+glance at the records made by Senators Wolfe and Bills, which will be
+found in Table "A" of the Appendix, will show the truth of this
+statement.
+
+The machine's next move was to delay the investigation. For one reason
+and another the investigation was delayed. Finally, on February 19,
+Caminetti gave notice that on the following Tuesday, he would move that
+the committee be discharged and a second committee ordered to carry out
+the instructions contained in the resolutions. This declaration of war
+stirred the machine to action - machine action. Assurances were given
+that the investigation would be held, but it was March 12, almost two
+months after the resolution had been introduced, and only twelve days
+before adjournment, before the committee placed its first witness on the
+stand.
+
+At that time the Senate was in the midst of the Direct Primary fight,
+and in addition, the machine after months of planning was sending
+literally hundreds of measures into Senate and Assembly for final
+action. There was no time nor were the members of the committee in a
+condition to conduct the investigation which the anti-machine element
+had contemplated. But hurried hearings were held, and a mass of evidence
+of railroad and express company extortion brought into the open. The
+interested reader will find the testimony printed in the Senate journal
+of March 23, 1909.
+
+Men of the standing of Edwin Bonnheim[68], treasurer and manager of
+Weinstock, Lubin & Co.; Russell D. Carpenter, auditor of Hale Brothers,
+Inc.; J. O. Bracken, manager of the California Commercial Association;
+C. H. Bentley of the California Fruit Canners Association; all testified
+that the increase in express and freight charges has worked great
+hardship upon the State. They showed that in the final analysis the
+consumer pays the increased charges. Furthermore, testimony was produced
+which at least indicated that the transportation companies, if
+economically not to say honestly managed, would receive fair returns on
+their legitimate investments, were even lower freight rates to be
+charged than those exacted prior to the increase of 1908. It was also
+shown that the State of California could institute and conduct an
+examination into railroad affairs before the Interstate Commerce
+Commission[69]. It was clear to all that thorough investigation under
+the Caminetti resolutions would prove of enormous benefit to the State.
+That the committee could do little or nothing in the short time
+remaining before adjournment was also recognized. Burnett had come out
+for thorough investigation, giving the anti-machine forces a majority of
+the committee. Witness after witness representing the large shippers and
+importers of the State urged that the investigation be carried on even
+after the Legislature had adjourned. Burnett as chairman of the
+committee was urging this course, but it was March 23, the day before
+adjournment, before he could get his committee report ready, and filed
+with the Senate, as basis for a resolution to continue the investigation
+after the Legislature had adjourned. There were but eleven dependable
+anti-machine Senators in addition to Burnett who were within reach of
+the capitol. But the machine had a safe majority within call. Burnett's
+resolution was defeated, the investigation denied, by a vote of twelve
+for to sixteen against[70].
+
+But two important railroad measures were finally passed by the
+Legislature. The first of these was the "Full Crew bill," which required
+adequate manning of railroad trains. After being held-up as long as the
+machine dared, the bill was finally passed. But the "Full Crew bill" met
+with one of those unfortunate "errors"[71] which played such important
+parts in the passage of the Anti-Gambling bill and the Direct Primary
+bill. When the Legislature had adjourned this error was discovered, and
+Governor Gillett refused to sign the bill because of it.
+
+The second important railroad measure passed was the Reciprocal
+Demurrage bill, introduced in the Senate by Miller, and in the Assembly
+by Drew. As finally passed the bill provides that railroad companies
+which fail to supply shippers with cars when proper requisition has been
+made for them, shall pay the injured shipper demurrage at the rate of $5
+per car per day. On the other hand, shippers who fail to load or unload
+cars after a stated time, are required to pay the railroad $6 daily as
+demurrage. The extra dollar which the shippers are required to pay the
+railroads is exacted to compensate the railroads for rental of the car.
+
+Similar laws up to the time of the passage of the Miller-Drew bill had
+been adopted by seventeen States of the Union, including Oregon and
+Texas. During the recent car shortage, it is alleged that empty cars
+needed in California, were sent into Oregon and into Texas, that the
+railroads might escape the demurrage charges exacted in those two
+States. California, without a demurrage law, was helpless. At the
+session of 1907, however, the machine, in complete control of the
+Senate, defeated a reciprocal demurrage bill. To be sure the demurrage
+was higher in the measure proposed in 1907 than in that passed at the
+session of 1909, but it was the principle of demurrage, not its amount,
+that the machine was against in 1907. In 1909, however, not a Senator
+voted against the bill. And in this connection there is a story told
+which unquestionably had its bearing upon the fate of the Reciprocal
+Demurrage bill at the 1909 session. The story deals with a political
+adventure in the life of one Henry Lynch.
+
+Mr. Lynch voted against reciprocal demurrage in 1907. He voted neither
+for nor against reciprocal demurrage in 1909, for he was not at
+Sacramento to vote. Mr. Lynch was not at Sacramento to vote in 1909, for
+one reason at least, because he did vote against reciprocal demurrage in
+1907.
+
+Mr. Lynch hailed from the Thirty-first Senatorial District, which takes
+in San Benito and San Luis Obispo counties. These counties are intensely
+Republican; they are also farming communities. And since the one-time
+Senator Lynch voted against the Reciprocal Demurrage bill, the farmers
+have seen tons upon tons of their products rot in the fields because
+they could not get cars to move their crops.
+
+But while the farmers of San Luis Obispo and San Benito counties were
+watching their products rot for want of cars to move them, it is alleged
+that cars were being sent from California to Oregon to meet the
+requisitions of Oregon shippers. Oregon had a reciprocal demurrage law
+on her statute books; California had not.
+
+Senator Lynch's vote against the Reciprocal Demurrage bill was made a
+sort of issue in San Benito and San Luis Obispo counties at the election
+of 1908. A. E. Campbell, Democrat, was running against Mr. Lynch,
+Republican, for the State Senate. Right or wrong - the reader may judge
+which - the farmers of the two counties credited the defeat of the
+Reciprocal Demurrage bill not to the Republican Party, but to the
+Republican machine, or better described perhaps as the
+Republican-Democratic machine, that dominates the State, a machine
+which the people of California are just now engaged in smashing.
+
+Being good Republicans, the people of Mr. Lynch's district gave Mr. Taft
+a plurality of more than 1,700; remembering the defeat of the Reciprocal
+Demurrage bill, they gave Mr. Campbell, Democratic candidate for the
+Senate, a plurality of 416. The fact that a United States Senator was to
+be elected didn't influence the Republicans of San Luis Obispo County at
+all. They elected a Democrat to the State Senate because they knew him
+to be free from machine domination - a machine maintained for the
+purpose of defeating good measures, such as the Reciprocal Demurrage
+bill, and furthering the passage of bad ones.
+
+But the influence of Lynch's vote against the Reciprocal Demurrage bill
+was not confined to San Luis Obispo and San Benito Counties. It spread
+over into the adjoining Twenty-ninth District, which takes in Santa Cruz
+and San Mateo Counties. These counties are also intensely Republican.
+They gave Taft a plurality of 2,799. But they gave the Democratic
+candidate for the State Senate, James B. Holohan, a plurality of 677.
+Holohan ran 3,476 votes ahead of his ticket in a district where only
+9,483 votes were cast for State Senator. Holohan was known to be free of
+machine influences. He could be counted upon to vote for a Reciprocal
+Demurrage bill without first consulting the Southern Pacific's political
+agent, Jere Burke. And the Republican whose place he took in the Senate
+had voted against the Reciprocal Demurrage bill of 1907.
+
+The election of Holohan and Campbell unquestionably had its influence on
+the passage of the Demurrage, bill. Not a member of the Senate cast his
+vote against it, although several of the Senators who had voted against
+the bill two years before, sat in the Senate of 1909. Among these were
+ten Senators who, during the session of 1909, were conspicuously on the
+wrong side of most questions. They were Senators Bates, Hartman,
+Leavitt, McCartney, Reily, Savage, Weed, Willis, Wolfe and Wright. The
+ten, for example, constituted half the twenty Senators who opposed the
+plan to give The People State-wide popular vote in the selection of
+United States Senators. Only seven Senators voted against the
+Anti-Racetrack Gambling bill. Five of the seven - Hartman, Leavitt,
+Reily, Weed and Wolfe - had voted against reciprocal demurrage in 1907.
+But there was a harkening to the demand of The People in 1909, which had
+been wanting two years before. Seven of these ten Senators, who voted
+against reciprocal demurrage in 1907 - Bates, Hartman, McCartney,
+Savage, Willis, Wolfe and Wright - voted for reciprocal demurrage in
+1909. Three of them - Leavitt, Reily and Weed - did not vote at all.
+
+
+
+[66] The vote was as follows:
+
+For the amendment: Bell, Birdsall, Boynton, Burnett, Caminetti,
+Campbell, Cartwright, Curtin, Cutten, Holohan, McCartney, Miller,
+Roseberry, Rush, Strobridge, Sanford, Thompson, Walker, Wright - 19.
+
+Against the amendment: Anthony, Bills, Estudillo, Finn, Hartman, Hurd,
+Kennedy, Leavitt, Lewis, Price, Reily, Savage, Weed, Welch, Willis,
+Wolfe - 16.
+
+[67] Machine Senators habitually exact the utmost consideration and
+courtesy from the anti-machine Senators, and habitually repay it with
+deceit and trickery. The curious feature of this is that the
+anti-machine Senators continue to extend the courtesy and continue to be
+tricked and imposed upon. A shutting off of "Senatorial courtesy" would
+go far toward solving the problem of machine domination of the
+Legislature.
+
+[68] Mr. Bonnheim testified that prior to the new schedule of express
+rates enforced between New York and the city of San Francisco, the rate
+was $8.00 per hundred for shipments of from 10,000 to 20,000 pounds;
+$9.00 per hundred for 5,000 to 10,000 pounds; $10.00 per hundred for
+2,000 to 5,000 pounds; $11.00 per hundred from 1,000 to 2,000 pounds.
+and $12.00 from 500 to 1,000 pounds; $13.50 from 100 to 500 pounds.
+
+That the withdrawal of the bulk rates in December, 1908, resulted in an
+advance of 35 per cent by the withdrawal of the 2,000 pound rate, and an
+advance of 50 per cent by the withdrawal of the 5,000 pound rate; an
+advance of 66 3/4 per cent by the withdrawal of the 10,000 pound rate,
+and that the withdrawal of the 20,000 pound rate amounted to an advance
+of 92 8/10 per cent.
+
+[69] Senator Cartwright actually introduced a resolution calling upon
+the Attorney-General to institute proceedings before the Interstate
+Commerce Commission:
+
+To determine whether existing rates are reasonable or unreasonable.
+
+To ascertain, fix and establish a reasonable schedule of freight rates,
+and to enforce the same.
+
+To determine whether or not any existing rate is discriminatory.
+
+And to prevent further discrimination between persons or places.
+
+The resolution carried an appropriation of $25,000 to ensure competent
+legal and expert assistance.
+
+The resolution was introduced on February 4. It went first to the
+Committee on Federal Relations, then to the Judiciary Committee, then to
+the Committee on Finance, from which it emerged March 1 with the
+recommendation that it be adopted. On March 2 it was sent back to the
+Committee on Finance and was never heard from again. The enormous
+benefit to the State if such an investigation could be honestly and
+effectively carried on, will be recognized.
+
+[70] The vote was as follows:
+
+For the resolution: Bell, Birdsall, Boynton, Burnett, Caminetti, Cutten,
+Estudillo, Holohan, Roseberry, Rush, Sanford, Thompson - 12.
+
+Against the resolution: Anthony, Bates, Bills, Finn, Hartman, Hurd,
+Kennedy, Leavitt, Lewis, Martinelli, Reily, Savage, Weed, Willis, Wolfe,
+Wright - 16.
+
+[71] E. F. Mitchell, Executive Secretary to Governor Gillett, makes the
+following statement regarding this particular error:
+
+The electric companies which run interurban trains, also claimed that
+the bill, as prepared, applied to them, and would place upon them an
+unnecessary burden and expense.
+
+"There is no doubt that section three of the act applies to motor cars
+and electric cars. The language is very plain. Section one of the bill
+describes passenger trains, section two refers to freight trains, and
+section three says "all other trains not propelled by steam
+locomotives." Now, there are only two classes of cars that are not
+propelled by steam locomotives, and those are motor and electric cars.
+In the Governor's opinion, an error was made in endeavoring to amend it,
+so it would not apply to motor cars and electric cars. The amendment was
+prepared, and we had here in the office, during the argument on the
+bill, the original committee amendments proposed. The amendment was to
+be made after the word "train" on the second line and had this amendment
+been made as contemplated, it would have excluded motor cars and
+electric cars, but instead of having been made on line two, as expected,
+it was carried into line three, where it gave the bill an entirely
+different meaning, It was one of those unfortunate things that crept
+into legislation through an oversight of somebody, which could have been
+readily corrected if the bill had been watched. The insertion of this
+amendment in the wrong place, instead of excluding motor cars and
+electric cars, as intended, included them. This error was not discovered
+until the bill came up before the Governor for consideration."
+
+
+
+Chapter XV.
+
+Defeat of the Commonwealth Club Bills.
+
+Drawn By Committees of the Ablest San Francisco Attorneys Not Under
+Retainer of Prison-Dodging Captains of Industry - Measures Not Allowed
+to Reach Senate or Assembly, but Killed in Committees - Grove L.
+Johnson's Keen Opposition.
+
+
+
+The graft prosecution at San Francisco not only brought the fact
+squarely before the public that large corporations sometimes catch the
+easiest way to achieve their purposes by bribing public officials, but
+that it is a deal easier to pass a camel through the eye of a needle
+than a millionaire offender through the legal cobwebs of technicality to
+a cell at San Quentin or Folsom[72].
+
+That the technical defense in criminal cases was subject to grave abuses
+had been generally recognized. But it took the graft cases at San
+Francisco to fairly rub this unpleasant fact into the law-abiding
+element. Because for the first time in the practice of criminal law in
+California, unlimited wealth was available to employ the best legal
+talent to defend men under indictment.
+
+The defending lawyers took advantage of every technicality. They
+emphasized the most trivial of them. Gradually it began to dawn upon The
+People that here were legal refuges, based upon the most absurd of
+technicalities, the sweeping away of which would in no way injure the
+substantial rights of a person charged with crime, refuges which were
+available to the rich man but denied to the poor or moderately
+well-to-do.
+
+To be sure, any person accused could make his technical defense if he
+had the means to employ the necessary counsel. But in face of the
+astonishing performances going on in the courts at San Francisco, it
+soon became apparent to the thoughtful, that no man, whose fortune was
+expressed in terms of less than five ciphers could make such a defense.
+
+Thus the unpalatable truth was forced home, that we have in California a
+technical defense available for the rich man charged with crime, which
+is in effect denied even those of the so-called middle classes.
+
+With this conviction came demand of reform of the criminal laws to
+ensure:
+
+(1) A prompt trial of an accused person on the merits of the case.
+
+(2) A prompt judgment in the case of a verdict of guilty.
+
+(3) A prompt hearing of the case in the Court of Appeal.
+
+The machine was, of course, against any such "wicked innovations," as
+Assemblyman Grove L. Johnson would have called them.
+
+However, at San Francisco, three considerable bodies, the Bar
+Association, the Commonwealth Club and the Citizens' League of Justice,
+took the matter up, and for months had the ablest lawyers of the State -
+at any rate the ablest not retained for the defense of capitalists under
+indictment - at work wrestling with the problem of simplifying the
+criminal codes and doing away so far as possible with technical defense,
+except in such cases as the substantial rights of the defendant might be
+involved.
+
+A committee consisting of J. C. McKinstry, J. J. Dwyer, Lester H.
+Jacobs, Oscar Cushing and Warren Olney Jr. was appointed for this
+purpose by the Citizens' League of Justice. The Commonwealth Club
+appointed Beverly L. Hodghead, Orrin K. McMurray, Alex. G. Eells,
+Fairfax H. Wheelan, Sidney V. Smith, Lester H. Jacobs and Joseph
+Hutchinson. One would go far before finding more representative or more
+public-spirited bodies of citizens, or more able exponents of the law.
+
+The labors of the several committees resulted in what may in a broad way
+be regarded as two sets of bills being prepared.
+
+The first, known as the Commonwealth Club bills, were sixty-five in
+number, and were introduced in the Senate by Campbell, and in the
+Assembly by Butler. The second set was known as the Bar Association
+bills. They were introduced in the Senate by Burnett. They were nine in
+number, and while apparently covering much of the ground of the
+Commonwealth Club bills, were in no respects so complete as to method or
+detail. The Bar Association bills pin-pricked an abuse; the Commonwealth
+Club bills drove the knife in deep.
+
+The sixty-five Commonwealth Club bills were readily divided into three
+groups, those dealing with Grand Juries and indictments, with trial
+juries and verdicts, and with appeals to the higher courts.
+
+The general purpose of the measures dealing with Grand Juries was to
+make those bodies purely accusatory, to make their findings conclusive
+and not subject to attack. The basis of the proposed amendments and
+additions to the laws governing Grand Juries was that Grand Juries are
+primarily required to investigate secret offenses, and should be
+regarded as purely accusatory bodies. On this theory the Commonwealth
+Club bills made the indictment of a Grand Jury as binding as the action
+of a committing magistrate who holds a defendant to answer. Had the
+Commonwealth Club bills become laws there would have been no more
+placing of Grand Jurors on trial for having found indictments against
+persons able to employ crafty criminal lawyers.
+
+But lest the defendant under investigation might be wronged, the
+Commonwealth Club measures so amended the codes that a Grand Juror in
+any way biased against the defendant was required to absent himself from
+the Grand Jury room when the defendant's case was under consideration.
+Under the proposed laws each Grand Juror was required to take oath "not
+to participate in the inquiry as to any matter or affecting any person
+as to which or whom he is biased or could not vote freely either way
+that the evidence presented would in justice require him to vote."
+
+The Commonwealth Club amendments regarding trial juries dealt with the
+problem in the same broad spirit. The chief object sought was to avoid
+the trying of citizens called for jury service[73]. The proposed laws
+obviated this by leaving it with the Judge to determine the
+qualifications of the juror, that is to say, the examination of jurors
+in criminal cases was to have been taken out of the hands of the lawyers
+and required of the Judge. To compensate the defendant for whatever
+substantial disadvantage he might suffer, the number of his peremptory
+challenges was materially increased.
+
+To prevent the setting aside of judgments on trifling technicalities,
+the proposed amendments provided that the Judge should fix the legality
+of the jury panel by general order, after which challenges could not
+apply to the whole panel, although they still held as to individual
+jurors.
+
+One of the most important of the provisions regarding trial jurors was
+that the reading of mere newspaper reports of a case should not
+disqualify a trial juror, unless it were shown that the newspaper
+article purported to be a true copy of the official testimony.
+
+The fact that under the present law the term "reasonable doubt" is not
+given legal definition paves the way for frequent miscarriages of
+justice. The Judge is required to define the term for the jury. The
+defendant may take exception to the definition, thus paving the way for
+technical defense in the upper Courts. The Commonwealth Club bills
+defined "reasonable doubt" to be, "that state of the case which, after
+the entire comparison and consideration of all the evidence in the
+cause, leaves the minds of the jurors in that condition that they cannot
+say they feel an abiding conviction to a moral certainty of the truth of
+the charge."
+
+Amendments were also proposed to the law governing instructions to
+juries. Under the present rule, each side presents a long list of
+instructions for the Judge to give to the jury. If the Judge refuse to
+give the instructions as requested, objections to his refusal can be
+taken and made basis for a technical defense[73a]. Under the proposed
+amendments objection could be made only to such instructions as were
+given, not to those which were not presented to the jury.
+
+In none of those proposed amendments could the substantial rights of the
+defendant be said to be encroached upon. But the proposed laws did clear
+away a mass of technicalities which has kept many a scamp out of jail.
+
+The proposed amendments dealing with appeals in criminal cases aimed at
+prompt judgment and sentence after conviction, prompt appeal and
+conclusion of the case.
+
+To this end, the measures provided that upon conviction the defendant
+must be sentenced forthwith, and if appeals were taken, taken on the
+judgment. Instead of the cumbersome bill of exceptions, which required
+weeks and sometimes months to prepare, it was provided that the entire
+testimony given at the trial, together with the complete minutes of the
+proceedings, should be sent to the higher tribunal. This would place
+before the Appellate and Supreme Courts all the facts and testimony
+which the Lower Court had considered. This feature of the Commonwealth
+Club bills was also covered by the measures which had been prepared by
+the Bar Association.
+
+Under the proposed Commonwealth Club amendments, the defendant was not
+permitted to appeal on questions referring to the trial jury panels or
+the Grand jury, nor on any error not affecting his substantial rights.
+Error in an immaterial issue, or of not sufficient importance to affect
+the substantial rights of the defendant, was not, under the provisions
+of the Commonwealth Club bills, to be held ground for reversal.
+
+"We believe," said the Committee which drew up the Commonwealth Club
+bills, "that what we have proposed is in no way revolutionary and
+deprives the accused person of no substantial right. The amendments
+proposed are merely designed to make the present law more effective, to
+relieve the Courts from the necessity of considering trivial matters and
+to aid in determining more promptly whether a person accused of crime is
+innocent or guilty."
+
+The bills as introduced in the Assembly were referred to the Assembly
+Judiciary Committee. In the Senate, the bills went to the Senate
+Judiciary Committee.
+
+The promoters of the Commonwealth Club bills made the mistake of
+treating the machine Senators and Assemblymen as men who could be won
+over with reason and plain statement. Instead of fighting for their
+bills and demanding their passage, the agents of the club were willing
+to listen courteously to suggestions from tricksters intent upon the
+defeat of the measures, who were only playing for time.
+
+Carroll Cook was at Sacramento lobbying against the bills, as were
+others of that gentleman's view of affairs. Cook actually appeared
+before the Assembly Judiciary Committee on invitation of one of its
+members. The courtesy shown him by Grove L. Johnson, chairman of the
+Committee, was touching or nauseating, as one might view it. Johnson,
+who was in effect the Committee, took occasion on the day of Cook's
+appearance to denounce the measures as revolutionary, unconstitutional,
+vicious.
+
+It is interesting to note that sixty-three of the sixty-five bills as
+introduced in the Assembly never got beyond Johnson's Committee. They
+died right there. The two exceptions got out of the Committee in the
+closing days of the session, one on March 10th, the other on March 20th.
+They were reported out with the recommendation that they do pass. It was
+then too late to take any action on them. They died on the Assembly
+file.
+
+Those who were making a fight for the measures were kept running between
+the Judiciary Committee of the Assembly and that of the Senate. The
+Senate Committee, while a majority of its members were against the
+machine, was led by men who were not at all in sympathy with any plan
+that was calculated to clear away legal cobwebs. On the pretext that the
+reforms proposed were covered by the Bar Association bills, or that the
+measures were duplicated by other bills, or that they were loosely
+drawn, on any pretext, in fact, the Senate Committee recommended that
+fifty-two of the sixty-five measures be withdrawn. And they were
+withdrawn. Of the thirteen remaining, seven stuck in the Committee, died
+there; five, just before the session closed, were referred back to the
+Senate with the recommendation that they do not pass. They didn't. Of
+the sixty-five bills, the Senate Committee gave only one favorable
+recommendation. This lone recipient of Committee approval got back to
+the Senate on March 5th. It died on the files.
+
+Such was the fate of the measures prepared under the direction of the
+Commonwealth Club for reform of the methods of indictment, trial and
+appeal in criminal cases. The Bar Association bills received somewhat
+better treatment.
+
+Of the nine so-called Bar Association bills, eight passed the Senate;
+the other died in the Senate Judiciary Committee. Of the eight which got
+through the Senate, two were defeated in the Assembly, while six passed
+that body and went to the Governor.
+
+Four of the six Bar Association bills which passed dealt with the repeal
+of those sections of the code which provide for bills of exceptions in
+criminal cases and substituted the plan, described in considering the
+Commonwealth Club bills, of providing the higher Court with complete
+record of the testimony and the proceedings in the trial Court.
+
+One of the two remaining measures requires sentence to be imposed upon a
+convicted felon in not less than two nor more than five days after the
+verdict or plea of guilty, with the right reserved for the Court of
+extending the time to ten days. The sixth measure defines "a motion in
+arrest of judgment."
+
+Such was the outcome of the effort made by reputable lawyers and public
+spirited laymen to eliminate quackery from the practice of the criminal
+law. But measures calculated to make the practice of the criminal law
+even more involved and technical than it is were granted more
+consideration. Many of them passed both houses. How they were passed and
+what they are will be considered in another chapter.
+
+
+
+[72] No sooner had the indictments been returned in the San Francisco
+cases than the validity of the indicting Grand Jury was attacked. For
+months that issue occupied the attention of the Courts. One by one the
+members of the Grand Jury were dragged into Court, and in effect placed
+on trial that technical disqualification if such existed might be
+established. The greater part of a day was, for example, consumed in
+thrashing over the question whether one or three motions had been made
+in nominating the stenographer to the Grand Jury.
+
+Then came appeals to the higher Courts which occupied more months and
+all but endless labor and expense.
+
+When the attacks on the Grand Jury had been met and disposed of, and the
+defendants brought to the trial Court, the Prosecution found its labors
+scarcely begun. Every trial juror was placed on trial. Weeks and even
+months were required, because of technical objections, to secure a trial
+jury.
+
+Just before the Legislature convened, Abe Ruef, had, as example, been
+convicted by a jury in the securing of which the metropolis of the State
+had been raked as with a fine-tooth comb for talesmen who were not
+technically disqualified to serve. Thousands were available who would
+have given the defendant a fair trial, but in all San Francisco very few
+could be found who were not because of one technical reason or another
+disqualified.
+
+After conviction came the defendant's appeal, in which the Most trivial
+reasons were accepted for freeing the defendant whose technical defense
+had failed him in the lower Courts. Former Mayor Schmitz of San
+Francisco, after conviction of extortion, and Abe Ruef, after having
+pleaded guilty to the charge, were given their freedom under
+circumstances which, to put it mildly, shocked the whole State.
+
+[73] A prominent San Francisco attorney told the writer recently that
+"the criminal lawyer too often questions a talesman needlessly, not so
+much to disqualify him, as to get technical error into the record."
+
+[73a] It was on a technicality of this kind that the District Court of
+Appeals found excuse for reversal of the judgment in the case of Louis
+Glass, convicted of bribing a member of the San Francisco Board of
+Supervisors. E. J. Zimmer, the auditor of the Pacific States Telephone
+Company, of which Glass was an official, refused to testify at Glass'
+trial. The trial court refused to instruct the jury to disregard the
+refusal. The Appellate Court held this to be a fatal error.
+
+
+
+Chapter XVI.
+
+How the Change of Venue Bill Was Passed.
+
+Slipped Through the Assembly Without Serious Opposition in Closing Days
+of the Session - Passed by Trick in the Senate Although a Majority of
+That Body Were Opposed to Its Passage - Typical Case of Machine
+"Generalship."
+
+
+
+Given the presiding officers of the Senate and Assembly and the
+appointment of the Committees of both bodies, the machine minority in
+the Legislature had comparatively little difficulty in preventing the
+passage of desirable measures. Thus, the Commonwealth Club bills to
+simplify and expedite proceedings in criminal cases, or, if you like, to
+prevent quackery in the practice of the criminal law, were, by clever
+manipulation, defeated, although if fairly presented to Senate and
+Assembly they undoubtedly would have become laws[74].
+
+But when it came to passing vicious measures in the face of the
+opposition of the unorganized majority of both Houses, the machine had a
+harder job on its hands. A majority vote of each House is required for
+the passage of a measure. To get through its bills, then, the machine
+had to create a situation in which vicious measures could be rushed
+through without the unorganized reformers knowing what was being done.
+By preventing action on a large majority of the measures pending before
+the Legislature until the end of the session, such a situation was
+created. In the confusion of the closing days of the session, not only
+were good bills denied passage, but vicious bills, in spite of the
+opposition of a majority of the Legislature, were passed. Some normally
+anti-machine members in such a situation become worn out, get
+discouraged and vote for machine policies to secure machine support for
+measures, the passage of which their constituents at home are demanding.
+Others, in the confusion of a whirlwind close of the session, vote for
+measures which they have no time to read, and which they cannot
+understand. Thus, even with a majority of Senate and Assembly against
+machine policies, the clever machine leaders often slip through measures
+which could not be passed early in the session, when the members have
+opportunity to study the bills upon which they are called upon to act,
+and before the ranks of the reform element have been broken.
+
+This was very well illustrated at the Session of 1909 by the passage of
+the so-called Change of Venue bill[74a]. This measure was introduced in
+the Assembly by Grove L. Johnson. Under its provisions a person charged
+with crime would have been permitted upon his whim or caprice to allege
+bias and disqualify the Judge before whom he was to be tried. The
+Legislature of 1907 was admittedly controlled by the machine, but even
+the Legislature of 1907 did not dare pass the Change of Venue bill. The
+reform Legislature of 1909, however, did pass it. The manner in which it
+was passed is a lesson in machine methods. To the credit of Governor
+Gillett let it be said, however, that he vetoed the measure[75].
+
+Grove L. Johnson having introduced the bill, it was referred to
+Johnson's committee, the Judiciary Committee of the Assembly. The
+Committee held it until February 5, when it was referred back to the
+Assembly with the recommendation that it "do pass." On March 13, eleven
+days before adjournment, it passed the Assembly, by a vote of 42 to 15,
+41 votes being required for its passage. Assemblymen like Drew, Telfer,
+Wilson and Stuckenbruck, men who fought the machine and machine policies
+from the beginning to the end of the session, voted for the bill. The
+negative vote of any two of them would have defeated it[76].
+
+The passage in the Assembly of an important reform measure as late as
+March 13, would have meant its defeat in the Senate. Though in the
+majority the anti-machine Senators could not have forced a reform
+measure through the machine-controlled committees, machine-controlled
+even when a majority of a committee was anti-machine[77]. Measures of
+the Change of Venue bill stamp, however, had a clear way. The Change of
+Venue bill was on March 15 referred to the Senate Judiciary Committee.
+On March 16, twenty-four hours after, the Committee returned the bill
+with the recommendation that it do pass. On March 19, with twenty-two
+Senators opposed to its passage, and eighteen favoring it, with
+twenty-one votes necessary for its passage, the bill passed the Senate.
+This apparently impossible feat was, in the last two weeks of the
+session, a comparatively easy task for the machine.
+
+To begin with, Senator Black, who opposed the bill, was ill at his home
+at Palo Alto. This left twenty-one Senators against the measure and
+eighteen for. The line-up was as follows:
+
+For the Change of Venue bill - Anthony, Bates, Bills, Finn, Hare,
+Hartman, Hurd, Leavitt, Martinelli, McCartney, Price, Reily, Savage,
+Weed, Welch, Willis, Wolfe, Wright - 18.
+
+Against the Change of Venue bill - Bell, Birdsall, Boynton,
+Burnett[76a], Caminetti, Campbell, Cartwright, Curtin, Cutten,
+Estudillo, Holohan, Lewis, Kennedy, Miller, Roseberry, Rush, Sanford,
+Stetson, Strobridge, Thompson, Walker - 21.
+
+On the face of it, the outlook for the passage of the Change of Venue
+bill in the Senate was not good. The machine, however, planned to pass
+the bill on March 19.
+
+The machine leaders went at the job systematically. When the Senators
+took their seats that Friday morning, they found that at Senator Bates'
+request, Assembly Bill 6 (the Change of Venue bill) had been put on the
+Special Urgency File. The Special Urgency File was to be considered at 8
+o'clock Friday evening. Senator Bates stated in an interview that he had
+placed Assembly Bill No. 6 on the Special Urgency File "at the request
+of a fellow Senator." Who the fellow Senator was, Bates refused to say.
+Bates insisted, however, that he knew nothing about Assembly Bill No, 6,
+and could give no reason why it should be made a matter of "special
+urgency." Senator Bates has since the Legislature adjourned been given a
+position of trust in the United States Mint.
+
+With the Change of Venue bill on the Special Urgency File, the next step
+was to get it considered at the moment most favorable for machine
+purposes. Along about 11 o'clock in the forenoon - the reader should
+keep in mind that in the ordinary course of the Senate's work the
+Special Urgency File would not have been considered until 8 o'clock that
+evening - Senator Wolfe moved that the Special Urgency File be taken up
+out of order. But before the Change of Venue bill could be reached,
+Senator Wright, who favored the passage of the measure, was found to be
+absent from the Senate chamber. On Senator McCartney's motion, the
+Change of Venue bill was temporarily passed on file. With the constant
+coming and going of Senators, there was no time while the file was under
+consideration, that the eighteen Senators counted on to vote in a solid
+block for the bill, were all present. The Senate concluded consideration
+of the Special Urgency File, and still the Change of Venue bill had not
+been taken up. The Senate then took up the second reading of Assembly
+bills, and then the Special File of Appropriation bills. A communication
+from Dr. Howard Black and Dr. Harry D. Reynolds was read setting forth
+that Senator Black was too ill to leave Palo Alto. Bills were passed and
+bills were withdrawn. Senator Strobridge reported that Senate Bill No.
+862 had been correctly engrossed. And through it all the machine was
+watching for the favorable moment to force the passage of the Change of
+Venue bill.
+
+The moment came just before noon. Like the snap of a trap Leavitt asked
+for unanimous consent to take up Assembly Bill No. 6, out of order. The
+anti-machine Senators are never guilty of discourteous treatment of a
+fellow Senator. They granted the request.
+
+Senator Wright vouched for the bill. He stated that it was a good bill
+and should be made a law. Senator Wolfe spoke for it, in fact led the
+debate to secure its passage. On the other hand, Senator Boynton very
+pointedly told Senator Wright that the bill was not a good measure and
+should not be passed "Judges of the Supreme Court tell me," said
+Boynton, "that this is a bad bill."
+
+Senator Cutten made a strong speech against the bill, which he denounced
+as bad in principle. Holohan stated that if the measure became a law it
+would give a bunco steerer a chance to disqualify every decent Judge in
+the State. Roseberry denounced the measure as vicious.
+
+When the vote was taken, every Senator who supported it was in his seat,
+but Burnett, Estudillo and Rush were absent. This would have made the
+vote 18 to 18, the backers of the measure requiring three more
+affirmative votes for its passage. But Miller and Lewis were led to vote
+for the measure, which made 20 votes for the bill and 16 against it. At
+this point the bill lacked one vote of passage. Estudillo was, however,
+brought in under call of the Senate, and under what amounted to
+misrepresentation, voted for the measure. This passed the bill by a vote
+of 21 to 18. Boynton changed his vote from no to aye, to give notice
+that on the next legislative day he would move to reconsider the vote by
+which the bill had been passed. But before he could give notice the
+Senate took its noon recess. Boynton under the rules had all day in
+which to notify the Senate of his intention, but to make assurance
+doubly sure, he told the clerk at the desk not to send the bill to the
+Assembly for he would as soon as the Senate re-convened, give notice of
+his motion to reconsider.
+
+Nevertheless, when the Senate reconvened, Boynton found that the bill
+had been rushed over to the Assembly, "to save time," according to the
+excuse given.
+
+Senator Boynton insisted that the bill be returned from the Assembly.
+Wolfe asked Boynton "as a matter of Senatorial courtesy," to permit the
+vote on the bill to be taken on a motion to have it returned from the
+Assembly. This request was so ludicrous, in view of the treatment that
+had been accorded Boynton, that it provoked a smile. Boynton refused to
+be "courteous," the bill was returned from the Assembly and regularly
+reconsidered the next day.
+
+With 21 votes against the measure, there seemed little doubt that it
+would be reconsidered and defeated. Twenty-one votes were necessary for
+reconsideration. Lewis and Miller had thought better of their vote of
+Friday and were prepared to vote against the bill. Estudillo,
+understanding the measure thoroughly, was anxious to set himself right
+in the record by voting against it. These, with Burnett and Rush, gave
+twenty-one votes, enough to force reconsideration and to defeat the
+bill.
+
+But there was a weak link in the combination,Kennedy. Senator Kennedy
+voted throughout the session consistently with the Wolfe-Leavitt
+element, but he voted against the Change of Venue bill. When Saturday
+morning came, however, Kennedy could not be found. When reconsideration
+of the bill came up, Burnett and Rush were out in the hallway. Miller
+and Lewis voted to reconsider, which made the vote eighteen to eighteen.
+Twenty-one votes were necessary for reconsideration. With Kennedy,
+Burnett and Rush, reconsideration could be forced and the bill defeated.
+The only way the absent Senators could be reached was through a call of
+the Senate, which required a majority vote of those present. A motion
+for a call of the Senate was defeated by a vote of eighteen to
+eighteen[78].
+
+This was the real test vote on the Change of Venue bill. It will be seen
+that Miller and Lewis and Estudillo, who had voted for the bill the day
+before, voted for a call of the Senate. They would, on reconsideration,
+have voted against the bill, and its passage on reconsideration would
+have been impossible. Had Kennedy or Rush or Burnett been present, the
+motion for a call of the Senate would have prevailed, the vote on the
+Change of Venue bill been reconsidered, and the measure defeated.
+
+Half an hour later, when Kennedy's vote was necessary to enable the
+machine to continue the deadlock on the Direct Primary bill, Kennedy
+turned up to do his part in that not very creditable performance.
+
+In this way did the machine element secure the passage of the Change of
+Venue bill. It was a question of good generalship, or, if you like,
+trickery. Perhaps trickery is the better name for it.
+
+
+
+[74] Black's Senate bill, 1,144, came very near being defeated in the
+Assembly by similar "good generalship." The measure in effect prohibits
+the sale of intoxicating liquors within a mile and a half of Stanford
+University. Assemblyman Bohnett was in charge of the bill.
+
+Bohnett, the day that the bill was to come up, was called from the room
+to attend a committee meeting. Immediately did the Assembly show
+astonishing activity in consideration of the file. So fast did they go
+that the Stanford bill seemed destined to be reached while Bohnett was
+out of the room. Had it been reached with Bohnett away it could have
+been dropped to the bottom of the file, where it would have been lost,
+so far as the session of the Legislature of 1909 was concerned.
+
+Charles R. Detrick, of Palo Alto, happened to go to the Assembly chamber
+at this critical moment and took in the situation at a glance. He
+accordingly hunted up Bohnett, who got back to the Assembly chamber
+before the bill could be reached on file. For once "good generalship"
+had failed at the legislative session of 1909.
+
+[74a] In 1907, the Change of Venue bill was slipped through the
+Assembly, but in a form not to affect the San Francisco graft cases. In
+the Senate, however, it was amended to apply to Ruef, Schmitz and their
+associates. The exposure of this turn raised such a storm that the bill
+was not brought to vote. However, on the night before adjournment, the
+measure was slipped through the Senate as an amendment tacked on another
+bill. But the trick was discovered in the Assembly and defeated.
+
+[75] Governor Gillett's reasons for vetoing the bill are set forth in
+footnote 1, Chapter 1.
+
+[76] The Assembly vote on the change of venue bill was as follows:
+
+For the Change of Venue bill - Barndollar, Beatty, Black, Cattell,
+Coghlan, Collier, Collum, Cronin, Drew, Feeley, Flint, Gibbons,
+Griffiths, Hammon, Hans, Hawk, Hayes, Hewitt, Hinkle, Holmquist, Johnson
+of Sacramento, Johnson of San Diego, Juilliard, Lightner, Macauley,
+Maher, McClellan, McManus, Melrose, Mendenhall, Moore, Mott, Pugh, Rech,
+Schmitt, Silver, Stuckenbruck, Telfer, Transue, Wagner, Wheelan, and
+Wilson - 42.
+
+Against the Change of Venue bill - Baxter, Bohnett, Butler, Callan,
+Cogswell, Dean, Gerdes, Gillis, Kehoe, Otis, Polsley, Preston, Sackett,
+Whitney, and Young - 15.
+
+[77] The Senate Judiciary Committee for example.
+
+[76a] The Senators whose names are printed in italics became involved in
+the confusion which led to the passage of the measure.
+
+[78] The vote was as follows:
+
+For the call of the Senate - Bell, Birdsall, Boynton, Caminetti,
+Campbell, Cartwright, Curtin, Cutten, Estudillo, Holohan, Lewis, Miller,
+Roseberry, Sanford, Stetson, Strobridge, Thompson, Walker - 18.
+
+Against the call of the Senate - Anthony, Bates, Bills, Finn, Hare,
+Hartman, Hurd, Leavitt, Martinelli, McCartney, Price, Reily, Savage,
+Weed, Welch, Willis, Wolfe, Wright - 18.
+
+
+
+Chapter XVII.
+
+Passage of the Wheelan Bills.
+
+Measures Extended Abuses Which the Commonwealth Club Bills Had Been
+Drawn to Prevent - Went Through Both Houses Without the Members
+Thoroughly Understanding Their Significance.
+
+
+
+The so-called Wheelan bills were passed in much the same way as was the
+Change of Venue bill. These measures will perhaps be better understood
+in comparison with certain of the Commonwealth Club bills which were
+considered in a previous chapter.
+
+Among the Commonwealth bills was one which denied a defendant under
+indictment a copy of the testimony taken in the Grand Jury room. The
+measure was drawn on the theory that Grand Juries deal principally with
+secret offenses, and that the testimony had better be brought out before
+the trial Court. One object of the proposed law was to prevent the
+defendant giving out testimony with the deliberate object of prejudicing
+the entire community against him, and thus increasing the difficulty of
+getting petty juries to try him.
+
+Furthermore, there are instances, as when Abe Ruef was before the Grand
+Jury at San Francisco, when the ends of justice require that the
+testimony given shall be kept secret. But, in spite of these and other
+considerations, the measure in question was allowed to die in Committee.
+
+On the other hand two bills requiring that transcript of such testimony
+be given the defendant passed both Senate and Assembly. They were
+introduced by Wheelan of San Francisco.
+
+Section 925 of the Penal Code, as it stood up to the time of the opening
+of the session, provided that "the Grand Jury whenever criminal causes
+are being investigated before them, on demand of the District Attorney
+must appoint a competent stenographic reporter to be sworn and to report
+the testimony that may be given in such causes in shorthand, and reduce
+the same upon request of the District Attorney to long hand or
+typewriting." It was thus left with the District Attorney to say whether
+the stenographic reporter should be present, and whether his notes
+should be transcribed.
+
+The first of the Wheelan bills, Assembly bill 221[79], amended the law
+by cutting out the words in italics "on demand of the District Attorney"
+and "upon request of the District Attorney," making it mandatory upon
+the Grand Jury to have the reporter in attendance.
+
+Further on in the section and in Assembly bill 222[79], it was provided
+that a true copy of the testimony thus taken should be given the
+defendant at the time of his arraignment.
+
+These two measures passed both Senate and Assembly.
+
+Assembly bill 223[79], also introduced by Wheelan, provided another
+cause for the setting aside of an indictment by the Court in which the
+defendant is arraigned, upon such defendant's motion. The Commonwealth
+bills aimed to prevent technical attacks upon indictments. The third of
+the Wheelan bills - No. 223 - opened the way for further technical
+attacks, by providing that the Court must set aside the indictment "when
+it appears from the testimony taken before the Grand jury that the
+defendant has been indicted upon a criminal charge without reasonable or
+probable cause."
+
+This measure passed both Houses. It opened the way for review before the
+Court of the testimony taken in the Grand jury room, and endless
+technical objections, all of which by clever counsel can be employed to
+delay the case being brought before a trial jury, and in the end perhaps
+wear out the prosecution, thus preventing the case being tried on its
+merits. With that section in the law two years ago, it is a question
+whether the defendants in the graft prosecution at San Francisco would
+ever have been brought to trial.
+
+It will be seen that while the Commonwealth Club bills aimed to decrease
+the opportunities for technical defense of men charged with crime, and
+thus permit the cases being tried on their merits, the Wheelan bills
+increased opportunity for technical objection.
+
+The history of the passage of the Wheelan bills is practically the same
+in each instance.
+
+The three bills were introduced by Mr. Wheelan on January 11th, and
+referred to the Assembly Judiciary Committee. The Committee, which
+pigeon-holed sixty-three of the Commonwealth Club bills, and reported
+back the two remaining too late for passage, had better treatment in
+store for the Wheelan measures. They were reported back to the Assembly
+on March 6th, at a time when the Assembly was fairly swamped with
+pending measures. On March 17th, in the midst of a mass of legislation,
+they were slipped through the Assembly without many of the members
+apparently knowing what they were. The Assembly journal of that date
+shows that such men as Bohnett, Callan, Cattell, Cogswell, Flint,
+Gerdes, Gibbons, Gillis, Hayes, Hewitt, Hinkle, Johnson of Placer,
+Juilliard, Kehoe, Mendenhall, Polsley, Stuckenbruck, Telfer, Whitney,
+Wilson and Wyllie, who ordinarily voted for good measures and against
+bad ones, voted for the Wheelan bills.
+
+With the exception of Bill No. 223, not one vote was cast against the
+measures. The vote on Bill No. 223 was the last taken. Gillis, who had
+voted for the two others, appears to have awakened to the fact that
+something was wrong. At any rate, he voted against Bill 223.
+
+His was the only vote cast against any of the three bills in the lower
+House, They appear to have gone through the Assembly without thorough
+appreciation of their significance. At any rate, there were members
+enough present, who were usually against bad measures, to have prevented
+the Wheelan bills securing the forty-one votes necessary for their
+passage.
+
+A reform measure passing the Assembly on March 17th would have had no
+chance whatever in the Senate. The Wheelan bills were more fortunate.
+
+The Senate Judiciary Committee, before which the Commonwealth Club bills
+had dragged along for weeks, received the Wheelan bills on March 17th,
+the day they passed the Assembly, and the same day, March 17th, reported
+them back to the Senate with the recommendation that they do pass. On
+March 18th the measures were read the second time in the Senate, and on
+March 20th, three days after they had passed the Assembly, the Senate
+passed them.
+
+Such is the difference in action on machine-favored bills and bills
+which the machine does not favor. Incidentally, it may be said that at
+the time the Wheelan bills were before the Senate, the machine had that
+body tied up in the fight on the Direct Primary bill.
+
+The reform element - at the mercy of the Senate organization - was
+compelled to devote its whole attention to the Direct Primary bill. The
+machine was thus left to run committees and Senate at its own free will.
+It was an admirable situation from the machine standpoint.
+
+But by the time the Wheelan bills had been hastened to the floor of the
+Senate, the reform Senators apparently awoke to the fact that some sort
+of a job was on the way. When the bills came up for final passage,
+however, the anti-machine Senators were apparently as much at a loss
+concerning them as the anti-machine Assemblymen had been.
+
+Bill number 221 came up first, and even Senator Bell, the staunchest
+opponent of bad laws of them all, voted for it. With Senator Bell voted
+Caminetti, Estudillo, Rush, Thompson and Walker, who were ordinarily
+against the passage of bad bills. As the measure received but
+twenty-three votes, any three of these by voting no could have defeated
+it.
+
+Price, who had voted for the bill, gave notice, at the request of a
+fellow Senator, that on the next legislative day he would move to
+reconsider the vote by which the bill had been passed.
+
+Before taking up Assembly bill 222, companion bill to 221, the Senate
+passed three measures and considered several others. By the time
+Assembly bill 222 was reached, Senator Bell had got his bearings, and
+voted against it. Caminetti had also found himself, and although
+Caminetti voted for the measure, he gave notice, that on the next
+legislative day he would move for its reconsideration.
+
+The third of the bills, No. 223, followed 222, and Walker, who had voted
+for the two other bills, voted "no." The bill was passed by twenty-three
+votes, Cutten voting "aye" for the purpose of giving notice to
+reconsider.
+
+The motions to reconsider were voted upon on the afternoon of Monday,
+March 22, the day of the final fight on the Direct Primary bill in both
+Senate and Assembly. Nobody was thinking of much of anything else that
+day. In every instance reconsideration was denied[80]. The vote by which
+they had passed the Senate stood.
+
+
+
+[79] Governor Gillett signed Assembly bills Nos. 221 and 222. They are
+now the law of the State. Assembly bill No. 223 he did not sign. It did
+not, therefore, become a law.
+
+[80] The Assembly history of March 23, fails to record that the motions
+to reconsider were made on the three Wheelan bills. In an article
+concerning these bills which the writer prepared for the Sacramento Bee,
+governed by the official record of the measures, the History of the
+House in which they originated, he stated that motions for their
+reconsideration were not made. The Senate Journal of March 22, however,
+pages 23 and 26, shows that these motions were made, and in all three
+cases defeated.
+
+
+
+Chapter XVIII.
+
+Defeat of the Local Option Bill.
+
+Peculiar Arrangement by Which the Bill Was Sidetracked in the Assembly -
+Stanton Promised That It Should Pass the Lower House If It Passed the
+Senate - How It Was Smothered in the Upper House.
+
+
+
+Because there is no particular reason why California should not have a
+Local Option law, in the face of popular demand for it, a large number
+of very worthy citizens assumed that one would be passed. The fact seems
+to have been lost sight of that the tenderloin element opposes such
+legislation, and that the management of the so-called liquor interests
+organized as the "Royal Arch," takes a shortsighted view of Local Option
+provisions. The machine was thus interested. Its representatives in
+Senate and Assembly did not propose that any Local Option bill should
+pass. So the Local Option bill was smothered. The smothering process
+most suggestively indicates how such things can be done.
+
+The measure was introduced in the Assembly by Wyllie and in the Senate
+by Estudillo. In the face of the popular demand for the passage of such
+a bill, and the exasperation of a no small portion of the voters of the
+State, at the mistake - or trick - by which in 1907 the only measure
+resembling a Local Option law was rubbed off the statute books, it was
+not good policy to fight the bill in the open. So the machine proceeded
+to do covertly what would have been "poor politics" to do openly[81].
+
+The same bill having been introduced both in Senate and Assembly, the
+first step was to tie up either the Assembly or the Senate measure, so
+that the whole crafty campaign against the bill's passage could be
+confined to one House. The way in which this was done was simplicity
+itself. The Wyllie bill, as introduced in the Assembly was, at the
+request of Speaker Stanton, held up in the Assembly Committee on Public
+Morals. Most plausible reason was given for this course. It was pointed
+out that since the Assembly had gone on record before the Senate on the
+anti-gambling bill, on women's suffrage[80a] and other "moral" issues,
+it was unfair to compel the lower House to go on record before the
+Senate on the Local Option bill. Speaker Stanton assured the proponents
+of the measure that if it passed the Senate, it should pass the
+Assembly.
+
+Stanton accordingly recognized that the Assembly, given an opportunity,
+would pass the bill. Had it passed the Assembly before the middle of
+February, it would unquestionably have passed the Senate. But the
+proponents of the measure consented to the plan to make the Senate act
+first. The fight for the passage of the bill accordingly took place in
+the Senate.
+
+Before taking up the Senate measure introduced by Estudillo, the Wyllie
+bill may as well be disposed of. It was introduced in the Assembly
+January 8th, and was sent to the Committee on Public Morals. There it
+lay until March 13th, two months and five days, when the proponents of
+the measure, realizing that they were being tricked, made their protest
+so loud that the measure was reported by the Committee, but without
+recommendation. There was no time then to pass the bill, and on March
+15th it was withdrawn by its author.
+
+The Estudillo bill, as it was known on the Senate side of the Capitol,
+had a more eventful history. Introduced in the Senate on January 8th, it
+had gone to the famous Committee on Election Laws, which had been
+stacked for the defeat of the Direct Primary bill. Estudillo was, to be
+sure, Chairman of the Committee, but a lamb herding lions never had a
+harder job on its hands than did Estudillo. He could not get his
+committee together to consider the well-backed Direct Primary bill, let
+alone the worthy but not politically supported local option measure.
+
+Along about the middle of February, however, Estudillo succeeded in
+getting the committee to act. By a vote of four to four the committee
+refused to recommend the Local Option bill for passage. Senator Stetson,
+who favored the passage of the measure, to compel committee action and
+get the bill before the Senate, thereupon moved that the bill be
+referred back to the Senate with recommendation that it do not pass.
+Senator Stetson's motion prevailed.
+
+Thus, the measure went back to the Senate with a majority committee
+report that it do not pass. But in spite of this adverse report, the
+Senate passed the measure on second reading and sent it to engrossment
+and third reading. It looked very much just then as though the bill
+would pass the Senate.
+
+But the resourceful machine had other plans. When the measure came up
+for final passage on February 24th, instead of being voted upon, and
+passed or defeated, it was amended.
+
+To amend a bill on third reading exasperates those who are supporting it
+as nothing else can. The bill must, when thus amended, be reprinted and
+re-engrossed before it can be passed. The delays thus caused very often
+result in the defeat of the measure.
+
+But the reprinted and re-engrossed Local Option bill got back to the
+Senate on February 26th, and its supporters could think of no other
+possible excuse for delaying its passage.
+
+But the machine could, and did. On Senator Wolfe's motion - the reader
+will no doubt remember that Senator Wolfe led the fight against the
+Direct Primary bill, against the Anti-Gambling bill and against the
+effective Stetson Railroad Regulation bill - on Senator Wolfe's motion
+the Local Option bill, instead of being put on its final passage, was
+sent to the Senate Judiciary Committee.
+
+At that time, the closing days of February, the Judiciary Committee was
+fairly swamped with important measures. The Railroad Regulation bills,
+the Initiative Amendment, the measures providing for the simplification
+of methods of criminal procedure and other bills of scarcely less
+importance were pending before that committee. Prompt action on the
+Local Option bill was out of the question. And, although a majority of
+the committee favored the passage of the bill, the minority which was
+against it took precious good care that no undue haste should attend its
+consideration. Estudillo was in constant attendance upon the committee,
+but to little purpose. It was not until March 4th that the committee
+acted. The action was, of course, recommendation that the bill do pass.
+
+The bill had been amended from time to time, but as it was finally
+approved by the Judiciary Committee was a reasonably effective measure.
+It provided that on a petition signed by 25 per cent of the electors of
+any city, or town, or county, the question of license or no license must
+be put on the regular election ballot. If a majority of the electors
+voted against the issuing of liquor licenses in any city or town or
+township, the governing body could no longer issue saloon licenses.
+Outside incorporated cities and towns, the basis of prohibition was made
+the township, although the vote was to be taken throughout the county.
+
+After the measure had been returned from the Judiciary Committee of the
+Senate, Estudillo fought manfully to have it considered. He finally
+succeeded, on March 8th, in having the bill made a special order, that
+is to say, he arranged that the Senate should consider it at 8 o'clock
+of Thursday, March 11th.
+
+But when Thursday came it developed that Senators Stetson and Boynton
+could not be present that evening, and they asked Estudillo to have the
+vote on the measure postponed until noon of the next day, Friday. This
+Estudillo attempted to do. The thing was done with other bills every
+day. Had Wolfe made the request, for example, or even Estudillo on any
+other measure than the Local Option bill, the request would have been
+granted without thought or comment. But on Wolfe's objection Estudillo's
+request was denied. The machine saw its opportunity and succeeded in
+having consideration of the bill postponed until the following Monday,
+March 15th. This meant the defeat of the bill. Even had it passed the
+Senate on that date, filibustering tactics would have defeated it in the
+Assembly.
+
+Nevertheless, the backers of the measure - although pleaded with by
+weak-kneed Senators to withdraw the bill - insisted upon a vote being
+taken, when the measure came up on March 15th. This decision compelled
+Wolfe to make his famous "Fate of the Republican Party" speech, in which
+he predicted that if the Local Option bill became a law, utter wreck
+would come upon the Republican party in California. Birdsall, Caminetti,
+Holohan, Rush, Sanford and Strobridge, whose votes were ordinarily
+recorded against the machine Senators, voted against the bill, as did
+Anthony and Curtin. Wright voted for the measure, but otherwise those
+who had voted against the Walker-Otis Anti-Gambling bill, against a
+State-wide vote for United States Senators, against the Stetson Railroad
+Regulation bill, in a word, those whom for the want of a better term we
+call machine Senators, voted solidly against the Local Option bill[82].
+
+The final showing for the Local Option bill was not a good one, but in
+spite of it, many in touch with conditions in the Senate held that had
+the vote been taken in the middle of February instead of the middle of
+March, the bill would have had a good chance for passage. After the
+delay of ten weeks from the time of its introduction until the final
+vote upon it, there was no chance at all for it to become a law.
+
+
+
+[81] Up to the legislative session of 1907, the County Government Act
+provided that the Supervisors of a county could submit any question -
+including the matter of regulating the liquor traffic - to the voters
+for the purpose of ascertaining their opinion upon the issue. There was,
+however, no way to compel the Supervisors to take the action that might
+be thus decided upon by popular vote. The Supervisors could act upon the
+vote or ignore it, as they saw fit.
+
+The Legislature of 1907 transferred the County Government Act to the
+Codes. For some reason, either by intention or oversight, the section
+which permitted Supervisors to submit questions to the people for an
+advisory vote was omitted. It has been held that this action of the
+Legislature repealed the section by implication. It is held, therefore,
+that no law is upon the Statute books by which the people may be
+permitted to vote even in an advisory capacity upon any question of
+police regulation or public policy.
+
+[80a] A fine example of a lightning switch of plan on the part of the
+machine came in the fight on the Women's Suffrage Amendment. The
+tenderloin and liquor interests in general are opposed to the submission
+of this amendment to the people, which means, of course, that the
+machine is against it. To submit the amendment to the people, fifty-four
+votes are required in the Assembly and twenty-seven in the Senate. This
+year, the program was to let the amendment pass the Assembly and defeat
+it in the Senate. Assemblymen were allowed to pledge themselves to its
+support until there were fifty-eight Assemblymen down to vote for it.
+Grove L. Johnson had introduced the measure in the Assembly, and its
+adoption by that body seemed assured.
+
+But the Anti-Racetrack Gambling bill got in the way of Woman's Suffrage
+in a most curious manner. When the passage of this anti-gambling bill
+became a certainty, that branch of the group of tenderloin Senators
+whose interests were wrapped up in racetrack gambling, became "very
+sore." In their disgruntlement they decided to give reform full swing,
+and put the Woman's Suffrage Amendment through the Senate. This attitude
+seriously alarmed the safe, sane and respectable leaders of the machine,
+who see all sorts of trouble for the machine if women are given the
+ballot. So to prevent its tenderloin associates in the Senate doing
+anything rash, the machine decided rather late in the day to defeat the
+amendment in the Assembly.
+
+When this decision was reached, and the order to carry it into effect
+given, the machine Assemblymen who had agreed to vote for the amendment
+coolly forgot their pledges. Instead of fifty-eight votes, only
+thirty-nine were cast for the amendment.
+
+Grove L. Johnson, who had introduced it, and who pretended to support
+it, agreed to move for its reconsideration. When the hour for the motion
+for reconsideration came, Johnson huddled up in his seat, looking
+neither to right or left, let the opportunity pass.
+
+The vote by which the amendment was defeated was as follows:
+
+For the amendment: Barndollar, Bohnett, Butler, Callan, Cattell,
+Coghlan, Cogswell, Collum, Costar, Cronin, Drew, Gibbons, Gillis, Hayes,
+Hewitt, Hinkle, Holmquist, Hopkins, Johnson of Sacramento, Johnson of
+San Diego, Johnson of Placer, Juilliard, Kehoe, Maher, Melrose,
+Mendenhall, Otis, O'Neil, Polsley, Pulcifer, Sackett, Silver,
+Stuckenbruck, Telfer, Webber, Wheelan, Wilson, Wyllie, Young - 39.
+
+Against the amendment: Baxter, Beardslee, Beatty, Beban, Collier,
+Cullen, Dean, Feeley, Flavelle, Fleisher, Flint, Gerdes, Greer,
+Griffiths, Hammon, Hanlon, Hans, Hawk, Johnston of Contra Costa, Leeds,
+Lightner, Macaulay, McClellan, McManus, Moore, Mott, Nelson, Odom,
+Preston, Pugh, Rech, Rutherford, Schmitt, Stanton, Transue, Wagner,
+Whitney - 37.
+
+[82] The vote on the local option bill was as follows:
+
+For the bill - Bell, Black, Boynton, Campbell, Cartwright, Cutten,
+Estudillo, Miller, Roseberry, Thompson, Walker, Wright - 12.
+
+Against the bill - Anthony, Bills, Birdsall, Burnett, Caminetti, Curtin,
+Finn, Hare, Hartman, Holohan, Hurd, Kennedy, Leavitt, Lewis, Martinelli,
+McCartney, Price, Reily, Rush, Sanford, Strobridge, Weed, Welch, Willis,
+Wolfe - 25.
+
+
+
+Chapter XIX.
+
+Defeat of the Initiative Amendment.
+
+As in the Case of Other Reform Measures It Was Held Back Until Near the
+Close of the Session - Principle Adopted by Many California
+Municipalities - Machine Thoroughly Aroused to Its Importance.
+
+
+
+A most estimable old lady once tried with indifferent success to hold
+back the incoming tide of the Atlantic with a broom. As one watches the
+efforts of the machine, through such agents as Gus Hartman, Eddie Wolfe
+and Frank Leavitt, to stem the reform movement which is sweeping the
+country, he is strongly reminded of the old lady's endeavor.
+
+To be sure, the machine, at the legislative session of 1909, by trick
+and clever manipulation succeeded in preventing any very effective
+reform legislation going on the Statute books. But nevertheless the
+machine was compelled in response to the popular demand to permit the
+passage of a direct primary law, however inadequate and disappointing it
+may prove to be, and a railroad regulation law, however ineffective.
+
+The machine's success was not on the whole so much in its permanent
+defeat of good measures as in delaying their adoption. The machine,
+except in the case of the race-track gamblers, could and did put off the
+day of the people's reckoning with machine-protected interests, but on
+desperately small margins at times, and under conditions which point
+plainly to the machine's ultimate undoing.
+
+A bull once attempted to stop a freight train with his head. The train
+was brought to a standstill and the animal driven off the track. A short
+time later the bull tried the same experiment with an express train. The
+train did not stop, nor was it seriously delayed.
+
+The aim of the reform movement is to place the government of Nation,
+State and city back into the hands of the people. To this end States and
+municipalities throughout the country are trying the direct primary
+system of nominating candidates for office, extending the principle of
+local option, establishing the Initiative, the Referendum and the
+Recall, and experimenting, often with admirable success, sometimes with
+discouraging failure, with other "wicked innovations," as Assemblyman
+Grove L. Johnson would call them.
+
+Without the machine fully appreciating what has been going on,
+California has for a decade or more been pushing rapidly to the fore in
+the promotion of these reforms. In this State the reform policies have
+found their best expression in recently adopted municipal charters.
+These charters must be ratified by the Legislature, but up to the
+session just closed their ratification - "wicked innovations and all"
+- has met with no particular opposition.
+
+Thus we find most of the modern charters of California municipalities
+containing provisions for really effective primary nominations by the
+people[83], for the initiation of laws, for the referendum, even for the
+recall from office of corrupt officials, which have placed in the hands
+of the people of the cities a club over the machine which has proved
+most effective.
+
+But the machine is now fully alive to what such provisions as the
+initiative and the recall mean. When, for example, the machine in
+control of the City Council attempted to deny the Western Pacific right
+of way through the City of Sacramento, the people resorted to the
+charter provision granting them the Initiative, and by their direct vote
+awarded the right of way.
+
+Even while the Legislature was in session, one of the machine's most
+effective workers, Walter Parker, could not be present at his post at
+Sacramento, because he was required at Los Angeles, where, because of
+the "recall," the machine was in a peck of trouble.
+
+The people of that city were employing the recall provision of their
+charter against the machine Mayor trapped in corruption. Although the
+then Mayor is a "Democrat" and Parker a "Republican," Parker's presence
+was required at Los Angeles to back the machine's efforts to hold the
+Mayor in his job.
+
+So Parker could not be at Sacramento, where the machine really needed
+him. The machine leaders did not think it possible that a real Mayor -
+especially a machine Mayor - could be dismissed from office through such
+a "fool innovation" as the recall. But that's what, in spite of machine
+efforts, happened at Los Angeles.
+
+These experiences and others like them, forced it upon the understanding
+of machine leaders that the initiative, recall and similar
+"innovations," have a business end; that they put altogether too much
+power into the hands of the people for the machine's safety.
+
+Up to the session of 1909 there had been practically no opposition to
+the ratification of charters adopted by the several municipalities. But
+this year the machine leader in the Senate, Wolfe, let it be known that
+he would henceforth oppose "freak charters," "freak charters" to Senator
+Wolfe being those of the initiative-referendum-recall order.
+
+Several municipalities - Berkeley, San Diego, Palo Alto, Santa Barbara,
+San Bernardino, Richmond, Los Angeles, Pasadena and Oakland - had either
+sent new charters or important amendments to existing charters to the
+Legislature for ratification. Many of the charters and amendments came
+decidedly under Wolfe's ideas of "freak." But there are some extremes to
+which the machine dare not go, and it did not dare to go on record as
+against popular municipal government. Wolfe and his associates could and
+did grumble, but they did not dare refuse the several charters and
+charter amendments ratification.
+
+So they let the charters and charter amendments go by them and braced
+themselves against granting Statewide initiative.
+
+That issue came up in the form of a proposed amendment to the State
+Constitution introduced by Senator Black, which gave the people of the
+State the power enjoyed by the people of Oregon and of the more advanced
+California municipalities, the power to initiate laws.
+
+Black's amendment provided that on petition of eight per cent of the
+electors of the State proposing a law or Constitutional amendment, such
+law or amendment must be submitted to a vote of the people at the next
+general election, precisely as Constitutional amendments are now
+submitted. If the proposed law or amendment received a majority vote it
+was to become a law of the State, independent of Legislative action. In
+a word, the people of California, had the amendment carried, would have
+been able to initiate the laws which govern them.
+
+Naturally, the machine, always on thin ice at best, thoroughly aroused
+to what the initiative means, opposed any such "wicked innovation."
+
+In its opposition, the machine was backed by that extreme conservatism,
+which, while sincere enough, forever hangs on the coattails of progress;
+the conservatism which even in New England as late as 1860 drew back its
+respectable skirts from abolition; the conservatism which, dragged
+protesting over a crisis, never fails to assume for itself all the
+credit for what has been accomplished. Thus the machine had some very
+respectable assistance in its efforts against the Initiative Amendment,
+the measure which more than any other before the Legislature was
+calculated to take the government of California out of machine
+hands[84].
+
+On the other hand, the amendment had strong backing. It had been drawn
+up at the instance of the Direct Legislation League, which numbers among
+its members many of the foremost bankers, capitalists, educators and
+public men of the State - Rudolph Spreckels, Francis J. Heney, James D.
+Phelan, of San Francisco, and Dr. John R. Haynes of Los Angeles, and
+others fully as prominent being among the League's most active
+supporters.
+
+In addition, the amendment had the endorsement of the State Grange, of,
+the Labor Unions, of the State, county and municipal Democratic
+conventions, and of many of the municipal and county Republican
+conventions.
+
+But there were plenty of reasons given why the amendment should not be
+submitted to the people. Perhaps the most amusing came from Senator
+Wright, of Direct Primary and Railroad Regulation notoriety. Senator
+Wright held that inasmuch as the Direct Primary will result in the
+election of high-class legislators, the initiative will not be
+necessary.
+
+But the two principal objections raised to the initiative were that:
+
+1. It would lead to a flood of bills being submitted to the people.
+
+2. That the people would not take sufficient interest in the proposed
+laws to consider them carefully.
+
+Both these objections were readily answered by the proponents of the
+amendment, who gave the experience of States in which the initiative has
+been tried.
+
+Oregon, for example, adopted the initiative in 1902. In 1904 but two
+proposed laws were introduced under it; in 1906, five; and in 1908,
+nineteen. Inasmuch as in 1908 California voted upon twenty-one
+constitutional amendments and statutes which had been submitted by the
+Legislature of 1907, it will be seen that Oregon was not particularly
+submerged by a flood of elector-initiated legislation.
+
+In Canton Berne, Switzerland, where for half a century all the laws have
+been adopted by the initiative system, the average of laws proposed has
+been only two and a half a year.
+
+As to the second objection, it was easily shown that in Oregon the
+keenest interest is taken in the measures proposed through the
+initiative. Some were shown to have been adopted by enormous majorities;
+others to have been rejected by majorities as large.
+
+Thus the objections to the amendment were easily disposed of.
+
+Their arguments answered, the opponents of the amendment schemed to
+prevent its consideration until the closing days of the session or
+prevent consideration entirely.
+
+In the Assembly, the amendment had been introduced by Drew of Fresno. It
+was referred to the Committee on Constitutional Amendments, where it was
+smothered to death. Although referred to the committee on January 11,
+the committee took no action upon it. Coghlan of San Francisco was
+chairman of the committee; associated with him were Legislators of the
+types of Johnson of Sacramento, McClelland and Baxter. In vain those
+advocating the adoption of the amendment urged the committee to act.
+Meetings were indeed arranged, at which the proponents of the reform
+would be present, but the committeemen would fail to attend.
+
+A less exasperating, but no less effective fight was carried on in the
+Senate.
+
+On the Senate side, the amendment introduced by Black went to the
+Judiciary Committee. This committee was made up of the nineteen lawyers
+in the Senate, every lawyer going on the committee. But Warren Porter
+named the order of their rank, and the chairman and the four ranking
+members of the committee voted eternally with the Wolfe-Leavitt faction.
+On a straight vote the majority of the committee was against the
+machine, as was shown in the fight for an effective railroad regulation
+bill. But when it came to getting results in the Senate Judiciary
+Committee, craft and leadership, as has been shown in previous chapters,
+not infrequently overcame numbers.
+
+On February 16, the reform element of the committee insisted that action
+be taken on the amendment. Chairman Willis was reluctant to put the
+question. Few machine members of the committee were in attendance. The
+anti-machine members were insistent. Willis was finally forced to put
+the question, and the amendment, after the percentage of voters required
+to sign a petition for the initiation of a law had been raised from
+eight to twelve per cent, was favorably reported back to the Senate.
+
+But Senator Willis was able to do on the floor of the Senate what he had
+been unable to do in the committee, namely, secure further delay. He
+protested to the Senate at the "snap judgment" of his committee, with
+the result that it was re-referred to that body. The committee, however,
+for the second time sent it back to the Senate with the recommendation
+that it be adopted.
+
+Then followed a series of delays in the Senate, so that the measure was
+not brought to vote until March 11th.
+
+For the adoption of a Constitutional amendment, a two-thirds vote -
+twenty-seven - is required in the Senate. The proponents of the
+amendment had good reason to believe that that number of Senators would
+vote for its adoption. The Senators counted upon to vote for the
+amendment were: Anthony, Bell, Birdsall, Black, Boynton, Caminetti,
+Campbell, Cutten, Estudillo, Hare, Kennedy, McCartney, Reily, Roseberry,
+Rush, Sanford, Stetson, Thompson, Walker, Welch - 20, who actually voted
+for the amendment; Finn, Strobridge, Cartwright and Holohan, who were
+absent when the vote was taken, but who were pledged to the reform;
+Lewis, Bills, Curtin and Miller, who were counted on the side of the
+amendment until it came to a vote. This made twenty-eight votes, one
+more than enough for adoption.
+
+Kennedy, Reily, Welch, Finn and Hare, usually against reform
+legislation, were counted for the Initiative because of convention
+obligations which could not well be ignored. Lewis, McCartney and Bills
+were counted for it because of their alleged promise of its support;
+Curtin and Miller because the Democratic State Convention had endorsed
+the Initiative, and for the further reason that Curtin and Miller were
+ordinarily for reform legislation.
+
+But on the vote, the unfortunate Hare, Kennedy, Reily, McCartney and
+Welch remained true to their obligations, while Curtin and Miller
+disappointed those who had expected their support. The negative vote of
+Bills and Lewis did not cause much disappointment, for little else was
+to have been expected, and anyway, the negative votes of Curtin and
+Miller were enough to defeat the amendment.
+
+Curtin and Miller, in spite of their party's endorsement of the policy,
+expressed themselves as "scandalized" at such an idea as the Initiative.
+But as good men as Miller and Curtin were scandalized at the idea of
+abolition in 1860, only to become the most earnest supporters of the
+Emancipation Proclamation three years later.
+
+Reform waves, like the Atlantic Ocean, are not kept back with brooms -
+or Gus Hartmans.
+
+
+
+[83] For example the charters of Los Angeles and of Berkeley. The
+Berkeley charter is a model in this respect. It provides that any
+qualified citizen may become a candidate for municipal office, by
+petition of twenty-five electors, AND IN NO OTHER WAY. The party tag is
+thus done away with. At the election, if a candidate receive a majority
+of the votes he is declared elected. If no candidate receive a majority,
+then a second election is held at which the two candidates receiving the
+highest pluralities become candidates, the names of all other candidates
+who participated at the first election are dropped. The candidate at the
+second election who receives the majority is declared elected. A
+movement is on foot to have a similar provision incorporated into the
+San Francisco charter.
+
+[84] "As a source of public education upon which free government must
+always rest, as a means of conservative progress, upon which the
+continued life of all nations depends, as a check upon paternalism and
+rich gifts calculated to lull to sleep the love of freedom, as the key
+that may be used to open the door to equal opportunity, the Initiative
+is fundamentally more important than all other proposed reforms put
+together. " - Arthur Twining Hadley, LL. D., in "The Constitutional
+Position of Property in America."
+
+It is interesting to note, that nearly a quarter of a century ago. Bryce
+in his American Commonwealth, pointed out that this country could not
+without the initiation of laws by The People enjoy the fruits of its
+institutions.
+
+
+
+Chapter XX.
+
+Defeat of the Anti-Japanese Bills[86].
+
+Stir Storm in the Assembly, But All the Bills Were Finally Defeated -
+Grove L. Johnson Denounces Action of Governor Gillett and President
+Roosevelt - Speaker Stanton Places Himself in a Very Embarrassing
+Position - His Effective Speech Becomes a Joke.
+
+
+
+The Japanese problem under the bludgeoning of the big stick in the
+skilled hands of President Roosevelt, and free application of the
+organization switch in the hands of Governor Gillett, was kept fairly
+well under control during the entire session. That the problem is real
+was demonstrated by the numerous resolutions and alien-regulation bills
+which were introduced in both Houses. The Assembly, however, was the
+scene of the final defeat of the anti-Japanese element. There the
+legislative campaign against the Japanese was fought out, and there it
+was lost.
+
+The contest in the Assembly narrowed down to three measures, Assembly
+Bill 78, introduced by Drew of Fresno, known as the "Alien Land Bill";
+Assembly Bill 14, known as the "Anti-Japanese School Bill," and Assembly
+Bill 32, known as the "Municipal Segregation Bill," both introduced by
+Johnson of Sacramento. The final defeat of these bills settled the
+Japanese question so far as the legislative session of 1909 was
+concerned.
+
+Drew's Alien Land bill was by far the most important of the three. It
+was in effect a copy of the alien land law at present in force in the
+State of Illinois, and generally known as the "Illinois Law." Under its
+provisions an alien acquiring title to lands situate in this State, was
+given five years in which to become a citizen of the United States;
+failing to become a citizen, he was required to dispose of his holdings
+to a citizen; failing so to do, the necessary machinery was provided for
+the District Attorney of the county in which the land was situated to
+dispose of it, and turn the proceeds of the sale over to the alien
+owner. Ample protection was provided for alien minors who might possess
+or might become possessed of California real property. Furthermore,
+under the provisions of the law, the leasing of land to aliens for a
+longer period than one year was prohibited.
+
+Though the word, "Japanese," did not appear, the bill's introduction was
+a shot which if not heard round the world, at least reached Washington
+on the East and Tokio on the West. Finally, on January 25, Governor
+Gillett made the Alien bills pending before the Legislature subject of a
+special message to Senate and Assembly, in which he urged the
+Legislature to do nothing that would disrupt the pleasant relations
+existing between America and Japan, and recommended that an
+appropriation be made to enable the Labor Commissioner to take a census
+showing the number of Japanese now in the State, with such other
+information regarding them as could be used in making a proper report to
+the President and Congress[87a].
+
+Governor Gillett in the paragraph of his message[87] which dealt with
+the Alien Land bill, stated that the measure might be amended so that
+its passage would not embarrass the Federal Government. Mr. Drew
+promptly sent the Governor a note, inquiring "how amended." The Governor
+replied[88], stating that, in his judgment the best possible law that
+could be passed on the question of alien ownership of land would be the
+law which had been adopted by Oklahoma. Furthermore, the Governor
+expressed the opinion that such a law would be satisfactory to President
+Roosevelt and Secretary Root.
+
+Mr. Drew was quick to act on the suggestion. He not only yielded to the
+Governor's wishes[89], but in the teeth of the severest opposition from
+the San Francisco delegation, forced delay of the passage of his bill
+until the Oklahoma law could be substituted for that taken from the
+Illinois Statutes.
+
+The substitute measure provided that "no alien shall acquire title or
+own land in the State of California," but the provisions of the act
+further provided that the law "shall not apply to lands now owned in
+this State by aliens so long as they are held by their present owners."
+
+The substitute measure was introduced on February 1st; it came up for
+passage on February 3rd. In the two days which elapsed between the
+introduction and final action on the bill, the high State authorities
+decided to oppose it. Speaker Phil Stanton employed his influence
+against it; one by one its supports who could "be reached" were "pulled
+down." Drew found himself at the final with slight following. The bill
+was defeated by the decisive vote of 28 to 48. Mott gave notice of
+motion to reconsider, but the next day reconsideration was denied.
+
+The day following the defeat of the Alien Land bill, February 4th, the
+"Anti-Japanese School Bill" and the "Municipal Segregation Bill" came up
+for final action. There was also Assembly Bill 15, classed as an
+anti-Japanese measure, which came up on the same day. It, as in the case
+of the two others, had been introduced by Johnson of Sacramento, by far
+the ablest parliamentarian in the Legislature. Drew had used facts and
+figures when arguing for his alien land bills; Johnson seasoned his
+statistics with a sarcasm[90] as peppery as one of Mr. Roosevelt's
+ingenuous opinions on "nature fakers." But while Mr. Johnson entertained
+with his wit and his invective, he failed to overcome the tremendous
+influence, State and Federal, that had been brought to bear against his
+bills. Assembly Bill 15, denying aliens the right to serve as directors
+on California corporations, was defeated by a vote of 15 for to 53
+against. Assembly Bill 32, the "Municipal Segregation Bill,"[91] was
+defeated by the close vote of 39 for to 35 against, 41 votes being
+required for its passage.
+
+And then the Assembly took another tack, and by a vote of 45 to 29,
+passed Assembly Bill 14, the Anti-Japanese School bill. Leeds changed
+his vote from no to aye to give notice that he would the next
+legislative day move to reconsider the vote by which the bill had been
+passed. The Assembly then adjourned. The day had been eventful. A more
+eventful was to follow.
+
+The passage of Assembly Bill 14, after the defeat of the other so-called
+anti-Japanese measures, brought a characteristic telegram from President
+Roosevelt to Governor Gillett. "This (Assembly Bill 14) is the most
+offensive bill of them all," telegraphed the President, "and in my
+judgment is clearly unconstitutional, and we should at once have to test
+it in the courts. Can it not be stopped in the Legislature or by veto?"
+
+Governor Gillett incorporated that telegram in a message which he sent
+to Senate and Assembly the next day. "A telegram so forcible as this,"
+said the Governor, "from the President of the United States, is entitled
+to full consideration, and demands that no hasty or ill-considered
+action be taken by this State which may involve the whole country. It
+seems to me that it is time to lay sentiment and personal opinion and
+considerations aside and take a broad and unprejudiced view of the
+important question involved in the proposed legislation, and in a calm
+and dispassionate manner pass upon them, keeping in mind not only the
+interests of our State, but of the Nation as well, and the duty we owe
+to it in observing the treaties entered into by it with a friendly
+power."
+
+"I trust," concluded the Governor, "that no action will be taken which
+will violate any treaty made by our country or in any manner question
+its good faith. I most respectfully submit this message to you with the
+full hope and belief that when final action shall be taken nothing will
+be done which can be the subject of criticism by the people of this
+Nation, and that no law will be enacted which will be in contravention
+of the Constitution or any treaty of the United States."
+
+The Governor's message was not at all well received[92]; in fact,
+Governor and message were denounced by both Republican and Democratic
+Assemblymen.
+
+ From the hour that the bill had been passed, the Governor had been in
+consultation with his lieutenants in the Assembly. Speaker Stanton made
+canvass of the situation. But little headway was made. That
+reconsideration would be denied was evident. Leeds, to save the
+situation, moved that reconsideration be postponed until February 10th.
+An amendment was made that it be re-referred to the Judiciary Committee.
+It was on this amended motion that the issue was fought out.
+
+"I know what you want," declared Johnson of Sacramento in his opening
+speech, "and you know it. You want to bury this bill. You want time to
+hold another caucus on the question and decide what you will do. You
+want time to take another canvass of this Assembly."
+
+Had the question been put when Johnson had concluded, reconsideration
+would unquestionably have been denied. In the emergency, Speaker Stanton
+left his desk and took the floor to plead for delay. For once in his
+life, at least, Phil Stanton was impressive. He did not say much, - and
+as the sequel showed he had little to say - but there was a suggestion
+of thundering guns and sacked cities and marching armies in his words,
+that caused the listening statesmen to follow him with unstatesmen-like
+uneasiness.
+
+"It was not my intention," said Stanton, "to take the floor unless we
+were confronted by some grave crisis. Such a crisis is, in my opinion,
+upon us. I not only believe it, but I know it. But my lips are sealed."
+
+"I would that I could tell you what I know, but I cannot for the
+present. But I can tell you that we are treading upon dangerous ground.
+I can feel it slipping from under my feet."
+
+"In my judgment this matter should be postponed. I believe that further
+information will, within a few days, be given you."
+
+The psychological moment had come in the history of Assembly Bill 14.
+All eyes were turned on Johnson of Sacramento. It was for him to say
+whether the postponement asked should be granted. Had Johnson said "no,"
+such was the attitude of the Assembly at that moment, reconsideration of
+the measure would unquestionably have been denied, and Assembly Bill 14
+declared passed by the House of its origin.
+
+But Johnson did not say "no."[93] Instead, he entered upon a rambling
+excuse for advocating acquiescence in Stanton's request for delay. He
+rambled on that he believed that Governor Gillett had been indiscreet;
+that he (Johnson) did not propose to be dictated to by a "fanatical
+President eternally seeking the limelight."
+
+"But," concluded Johnson, "I have listened to the words of our Speaker,
+and I see that he is profoundly moved. For this reason I am willing that
+the bill go over until Wednesday, but out of respect to our Speaker, and
+for no one else on earth."
+
+When Johnson sat down, one could have heard a pin drop. Not a dissenting
+voice was heard. Further consideration of the measure was postponed
+until February 10.
+
+The day preceding final action on the bill was given over to conferences
+and caucuses. The Democrats caucused and agreed to stand as a unit for
+the bill. Grove L. Johnson's immediate followers rallied to its support.
+On the other hand, a conference of those opposing the measure was held
+in Governor Gillett's office. Grove L. Johnson is alleged to have been
+called to the carpet. He was asked to withdraw his support of the
+measure. Johnson is quoted as replying:
+
+      "Show me why I should not support it. Give me the reasons, the facts
+      and figures, why Roosevelt has any right to interfere with this
+      measure. I want something definite. I have heard these suppositions
+      and insinuations for years and years. Let me know, gentlemen, what
+      information you have confided to you that should induce me to
+      withdraw my support and bow to the telegram from Roosevelt."
+
+The hour for reconsideration of the bill, 11 a. m. of February 10,
+arrived with the situation practically unchanged. Assemblyman Transue,
+Stanton's right hand man in the fight against the bill, presented an
+elaborate resolution, laboriously prepared by the opponents of the
+measure, setting forth why it should be defeated[94]. In it the right of
+the State to pass such school-regulating laws as it may see fit was
+affirmed, and the constitutionality of the pending measure alleged, but
+the Assembly was urged to do nothing to disturb the relations existing
+between this Government and a friendly power. The resolution did not
+strengthen the position of the opponents of the bill in the least. In
+fact, several of their number were estranged. So worked up had the
+Assemblymen become, that Beardslee of San Joaquin moved that Transue's
+resolution be considered in executive session, but the motion was lost.
+The resolution was later withdrawn.
+
+The debate turned principally on demands from the supporters of the
+bill, that Speaker Stanton tell why he had felt "the ground slipping
+from under his feet" in his speech of six days before. But Stanton
+wouldn't or couldn't tell. He leaned on his gavel through it all looking
+very foolish indeed.
+
+These speeches of denunciation pleased the supporters of the bill
+immensely, but the luxury of denouncing Stanton defeated the bill. Had
+the vote been taken at the forenoon session, reconsideration would
+undoubtedly have been denied. But so much time was taken in making
+Stanton feel foolish, that the hour of recess arrived, and the Assembly
+scattered until two o'clock.
+
+This brief respite gave the opponents of the measure a last opportunity.
+They improved it by bringing over to their side enough members of the
+San Francisco delegation to win reconsideration, and the measure's
+defeat. When the Assembly re-convened after the noon recess, the members
+by a vote of 43 to 34 granted the bill reconsideration, and by a vote of
+37 ayes to 41 noes defeated it[95].
+
+Although the Senate escaped the sensational scenes that attended the
+suppression of the Japanese problem in the Assembly, nevertheless
+Japanese bills and resolutions, with attending debates, made their
+appearance there. Caminetti, for example, introduced a duplicate of the
+Johnson anti-Japanese School bill, which was referred to the Senate
+Committee on Education and never heard from again.
+
+Senate Bill No. 492, introduced by Senator Anthony, made more trouble.
+This measure gave the people of the State an opportunity to express
+themselves at the polls on the Japanese question. The Committee on
+Labor, Capital and Immigration recommended the measure for passage, and
+it was finally forced to a vote, being defeated by twelve votes for and
+twenty-two against[96].
+
+A series of Senate anti-Japanese resolutions which were finally included
+in Senate joint Resolution No. 6[97], almost led to a riot in the
+Assembly. After a deal of pulling and hauling in the Senate the
+resolution was finally adopted and went to the Assembly. In the
+Assembly, Speaker Stanton, as "a select committee of one," took the
+resolution under his protection. The indications being that the "select
+committee of one" would fail to report, a storm was started by an attack
+on Stanton's authority to be a "select committee of one" at all. The
+assailants were repulsed. Nevertheless, "the select committee of one,"
+after holding the measure a week, recommended that it be referred to the
+Committee on Federal Relations. The measure was finally adopted and went
+to the Governor.
+
+
+
+[86] The Assembly vote on the four principal Japanese issues will be
+found in Table I of the Appendix.
+
+[87a] A bill providing funds for such a census was introduced and became
+a law.
+
+[87] The paragraph in Governor Gillett's message which deals with the
+Alien Land bill, read as follows:
+
+"If you believe the general policy of this State and its future
+development demands that all aliens, that is, citizens of other
+countries, should be discouraged in making investments here, and that no
+alien should be permitted to become the owner in fee simple of any lands
+within this State - agricultural, grazing or mineral, or of any city
+property for the purposes of trade, commerce or manufacturing - then
+enact a law forbidding the same, but see to it that it affects the
+subjects of all nations alike, and that under its provisions the
+citizens of Japan shall have equal privileges with those of England
+and other favored nations; otherwise you might create a situation which
+may prove to be embarrassing to the Federal Government. Mr. Drew's bill
+might be so amended, but in its present form it clearly, as no doubt was
+intended, discriminates against the citizens of China and Japan. Whether
+any bill should pass at this time which will discourage foreign capital
+from seeking investments in our State is a most serious question and one
+not lightly to be considered. But that is a question I leave for you to
+solve."
+
+[88] The Governor's letter was in full as follows:
+
+Hon. A. M. Drew: Your little note was received.
+
+"I am inclined to think that the best possible law that can be passed on
+the question of alien ownership of land would be the law adopted by
+Oklahoma. You will find it in the session laws of the State of Oklahoma,
+1907 and 1908. The book is on file in the State Library. The Act is on
+page 481.
+
+"I would strike out of the first line the words 'who is not a citizen of
+the United States,' because that is useless. No alien is a citizen of
+the United States, and cannot be.
+
+"Then I notice the second line of Section 3, instead of having 'devise,'
+the word is 'device.' I suppose this must be a typographical error.
+
+"To this bill might be added the last section of your bill, extending
+the time in which leases can be given - so many years on agricultural
+property and so many years on city property. I think one year is rather
+short; inasmuch as this would apply to all aliens alike, I would be
+reasonable as to the length of time for which leases should be granted.
+
+"I am also of the opinion that President Roosevelt and Secretary Root
+would agree that this bill would be all right - in fact, I have
+telegrams from them which would indicate such to be the fact. Of course,
+the question whether or not it would be policy to pass an alien law in
+this State is something that the Legislature would have to consider, but
+if such a law is to pass, as I say, I am inclined to believe that one
+like the Oklahoma law would probably be the best."
+
+[89] Assemblyman Drew's reply to the Governor's letter suggesting that
+the Oklahoma law be substituted for the original bill, was as follows:
+
+"Your esteemed favor of the 26th inst., is before me, and I can assure
+you that I appreciate the spirit in which you have considered the Alien
+Land bill, presented by myself in the Assembly. I am strictly in accord
+with the changes you suggest. The words 'who is not a citizen of the
+United States' are surplusage and could easily have been left out, but
+they are found in both the Illinois and Oklahoma laws. I am glad the
+President takes the view of the matter that he does, and you may rest
+assured that I will work in harmony with yourself. However, I deem it
+advisable that some law should be enacted at this session of the
+Legislature. I think it will be wisdom on our part to take this step,
+and surely our neighbor, Japan, cannot complain so long as the bill is
+applicable to all aliens alike. I will submit to you a draft of the
+amended bill as soon as I can get it in shape."
+
+[90] Johnson addressed himself directly to President Roosevelt and
+Governor Gillett. The following paragraphs are taken at random from his
+speech:
+
+"I expect some member of the Assembly to introduce a bill here, the
+first section of which shall read: 'Before any legislation is enacted it
+shall bear the approval of James N. Gillett and President Roosevelt and
+if it is denied, the bill shall be withdrawn.' "
+
+"Some of you think legislation is like patent medicine. It must bear on
+the bill, the label: 'None genuine without the note, This is a good
+bill, James N. Gillett.' "
+
+"What right have we, mere Assemblymen, to have an opinion on any matter?
+Why should we, who were sent here by the people for the sake of
+convenience and formality, have any independence in our thought? What
+right have we to do anything but listen in awe and reverence to the
+words of wisdom that drop from the tongues of Governor James N. Gillett
+and Theodore Roosevelt?
+
+"Of course we must surrender our individual opinion, and bow to the
+superior intellects of the 'Imperial Power,' which Mr. Beardslee loves
+so well. Since we must vote, as a matter of course, what right have we
+to vote otherwise than as the distinguished Governor and President say
+in their infinite certainty?"
+
+Johnson complained bitterly of the interference of the President with
+the State and of the Governor with the Legislature.
+
+"I have," said Johnson, "all respect for the intellect of James N.
+Gillett, Governor of California, and for his superior, President
+Roosevelt. But I am sent into this Chamber by my constituents and not by
+Governor James N. Gillett. I have been returned here again and again,
+and not because I bowed to the authority of James N. Gillett. I am here
+for the good of my people, the people who supported me, and who expect
+me to support them. I know more about the Japanese than Governor Gillett
+and President Roosevelt put together. I am not responsible to either of
+them."
+
+"I am responsible to the mothers and fathers of Sacramento County who
+have their little daughters sitting side by side in the school rooms
+with matured Japs, with their base minds, their lascivious thoughts,
+multiplied by their race and strengthened by their mode of life."
+
+"I am here to protect the children of these parents. To do all that I
+can to keep any Asiatic man from mingling in the same school with the
+daughters of our people. You know the results of such a condition; you
+know how far it will go, and I have seen Japanese 25 years old sitting
+in the seats next to the pure maids of California. I shuddered then and
+I shudder now, the same as any other parent will shudder to think of
+such a condition."
+
+[91] The purpose of the Municipal Segregation bill, as set forth in its
+title, was "to confer power upon municipalities to protect the health,
+morals and peace of their inhabitants by restricting undesirable,
+improper and unhealthy persons and persons whose practices are dangerous
+to public morals and health and peace to certain prescribed limits, and
+prescribing a punishment for a violation of this Act."
+
+The bill in full was as follows:
+
+"Section 1. Whenever in the opinion of the governing body of any
+municipality the presence of undesirable, improper and unhealthy
+persons, or the presence of persons whose practices are dangerous to
+public morals and health and peace is deemed to exist in the said
+municipality and to be dangerous to the public morals and health and
+peace of said municipality and its inhabitants, the said governing body
+is hereby empowered to so declare by ordinance and is hereby empowered
+and authorized to prescribe by ordinance the district and limits within
+which said persons shall reside in said municipality, and thereafter it
+shall be unlawful for any person of the class so declared to reside in
+any other portion of said municipality than within the said district and
+limits so fixed.
+
+"See. 2. A violation of the provisions of this Act shall be deemed a
+misdemeanor and shall be punished as such."
+
+[92] "Never before have I heard of a time," said Assemblyman Cronin,
+"when a Governor has sent such a message to a Legislature. I am
+responsible to my constituents for my actions on this floor and I resent
+such interference. I hold the Governor's action to be indiscreet. He has
+no more right to send such a message to this House than have we to
+dictate to the Supreme Court a policy on any action pending before it,
+on the ground that the best interests of the State depend upon their
+regarding our Instructions.
+
+"Can we dictate to the Governor the course that is to be pursued in an
+executive matter? Let us stand by our guns."
+
+"If the men change their votes on account of this fanciful talk from the
+President and the Governor," said Johnson of Sacramento, "I shall
+certainly be pained and surprised. They do not know the conditions as I
+know them. We have a right to protect our State, and it will not
+interfere with any international relations, and they know it. Their
+specious argument will not change my vote one bit. I know what The
+People want - what I want. I know influence has been brought to bear. It
+will be further brought to bear. Now I trust this vote will not suffer
+by you men changing your minds for such groundless reasons."
+
+"Since yesterday," said Assemblyman Gibbons, "I have changed my views. I
+thought there were three departments in this Government, but I find I
+was mistaken. I recognize the error of my youthful belief. I know now
+that the Legislative and the Executive are one, or, rather, that the
+Executive is the Legislative."
+
+[93] The question has been asked - was Johnson sincere in his advocacy
+of the Anti-Japanese measures? The writer does not presume to answer;
+the workings of Grove L. Johnson's mind and conscience are, for the
+writer at least, too intricate for analysis. But Grove L. Johnson voted
+for anti-racetrack gambling bills for years, spoke for them and fought
+for them as keenly as he did for the Anti-Japanese bills, always on the
+losing side. But when an anti-racetrack gambling bill was before the
+Assembly with some prospect of passage, Grove L. Johnson was found the
+leader of those opposed to its passage. In the case in point, to Grove
+L. Johnson, and not President Roosevelt or Governor Gillett, or even
+Phil Stanton, is due the credit for postponement of consideration of
+Assembly Bill 14, a postponement which meant its defeat.
+
+[94] The Transue resolution will be found in full In the appendix.
+
+[95] Speaker Stanton very modestly took much credit for the defeat of
+the bill. The following telegram was on its way to Washington almost
+before the vote had been announced:
+
+"Sacramento, February 10.-Theodore Roosevelt, White House Washington, D.
+C. - The Assembly just reconsidered and refused passage of the Japanese
+School bill. My congratulations.
+
+							P. A. STANTON."
+
+The reply was as follows:
+
+"Washington, February 10.-Hon. P. A. Stanton, Speaker of the Assembly,
+Sacramento, Cal. - Accept my heartiest thanks and congratulations for
+the great service you have rendered on behalf of The People of the
+United States. I thank the people of California and their
+representatives in the Legislature.
+
+							THEODORE ROOSEVELT."
+
+A further telegram was sent to Governor Gillett:
+
+"Washington, February 10. - To Governor J. N. Gillett, Sacramento Cal. -
+Accept my heartiest congratulations. All good Americans appreciate what
+you have done. Pray extend my congratulations individually to all who
+have aided you. I feel that the way in which California has done what
+was right for the Nation makes it more than ever obligatory on the
+Nation in every way to safeguard the interests of California. All that I
+personally can do toward this end, whether in public or private life,
+shall most certainly be done.
+	THEODORE ROOSEVELT."
+
+[96] The vote on Senate Bill 492 was as follows:
+
+For the bill - Anthony, Black, Burnett, Caminetti, Campbell, Cartwright,
+Finn, Hartman, Holohan, Reily, Sanford, and Welch - 12.
+
+Against the bill - Bates, Bell, Bills, Birdsall, Boynton, Curtin,
+Cutten, Hurd, Leavitt, Lewis, Martinelli, McCartney, Miller, Price,
+Rush, Savage, Strobridge, Thompson, Walker, Weed, Willis, and Wright -
+22.
+
+Absentees - Estudillo, Hare, Kennedy, Roseberry, Stetson, and Wolfe - 6.
+
+[97] Senate Joint Resolution No. 6, which, as finally adopted, was a
+committee substitute for Senate Joint Resolution Nos. 6, 7, 11 and 17.
+It follows:
+
+Whereas, The progress, happiness, and prosperity of the people of a
+nation depend upon a homogeneous population;
+
+Whereas, The influx from overpopulated nations of Asia of people who are
+unsuited for American citizenship or for assimilation with the Caucasian
+race, has resulted and will result in lowering the American standard of
+life and the dignity and wage-earning capacity of American labor;
+
+Whereas, The exclusion of Chinese laborers under the existing exclusion
+laws of the United States has tended to preserve the economic and social
+welfare of the people;
+
+Whereas, We view with alarm any proposed repeal of such exclusion laws
+and the substituting therefor of general laws;
+
+Whereas, The interest of California can best be safeguarded by the
+retention of said exclusion laws, and by extending their terms and
+provisions to other Asiatic people;
+
+Whereas, The people of the Eastern states, and the United States
+generally, have an erroneous impression as to the real sentiment of the
+people of the Pacific Coast relative to the Asiatic question;
+
+Whereas, We think it right and proper that the people of this country
+should be advised as to our true position on that question; therefore,
+be it
+
+Resolved, by the Senate and Assembly jointly, That we respectfully urge
+the Congress of the United States to maintain intact the present Chinese
+exclusion laws and instead of taking any action looking to the repeal of
+said exclusion laws, to extend the terms and provisions thereof so as to
+apply to and include all Asiatics;
+
+Resolved, That our Senators be instructed and Representatives in
+Congress requested to use all honorable means to carry out the foregoing
+recommendation and requests;
+
+Resolved, That the Governor of California be, and he is, directed to
+transmit a certified copy of these resolutions to the President and
+Speaker, respectively, of the Senate and House of Representatives of the
+United States, and to each of our Senators and Representatives in
+Congress.
+
+The resolution was adopted in the Senate by the following vote:
+
+Ayes - Senators Anthony, Bates, Bills, Birdsall, Black, Boynton,
+Burnett, Caminetti, Campbell, Cartwright, Curtin, Cutten, Finn, Hare,
+Hartman, Holohan, Kennedy, Leavitt, Lewis, McCartney, Miller, Reily,
+Rush, Sanford, Savage, Walker, Welch, and Wolfe - 28.
+
+Noes - Senators Bell, Price, Roseberry, Stetson, Thompson, Weed, and
+Willis - 7.
+
+The resolution was adopted in the Assembly on March 23. There was no
+call for the ayes and noes, and no record was made of the vote.
+
+
+
+Chapter XXI.
+
+The Rule Against Lobbying.
+
+Scandals of the Session of 1907 and the Dread of Pinkerton Detectives
+Led to a Rule Under Which Machine Lobbyists Could Work with Perfect
+Safety, While Advocates of Reform Measures Could Be Barred From Both
+Senate and Assembly.
+
+
+
+One of the principal scandals of the Legislative session of 1907 was the
+openness with which machine lobbyists invaded Senate and Assembly
+chamber. They went so far as to move from member to member during
+roll-calls, giving Senator or Assemblyman, as the case might be, a
+proprietary tap on the shoulder, to direct his vote.
+
+Word of the scandal got as far away from Sacramento as San Luis Obispo
+County, where A. E. Campbell became a candidate for the Senate against
+H. W. Lynch, largely on the machine issue. Campbell pledged himself ,to
+denounce such lobbyists as Jere Burke, the Southern Pacific attorney, if
+they appeared on the floor of the Senate, and to have them ejected from
+the chamber.
+
+When Campbell reached Sacramento he let it be known that such would be
+his policy. Campbell is thickset and shaggy of eyebrow; his beard shows
+black on his face two hours after shaving. He has all the earmarks of a
+born fighter. He didn't look good to the machine, and his words didn't
+sound good. Incidentally, Jere Burke discreetly kept out of the Senate
+chamber while the Senate was in session.
+
+Another thing which gave machine members of both Houses, as well as
+machine hangers-on, much concern, was the rumor started along in
+December that certain public-spirited citizens of Los Angeles and San
+Francisco would maintain at the Capital during the session a lobby to
+protect the interests of the people, just as the machine lobby looks
+after the well-being of machine-protected corporations and individuals.
+
+This rumor caused great distress. It had all sorts of versions. One
+story was that a corps of Pinkertons would be employed to look for bugs
+in bills, boodle in sacks, and boodle-itching palms. Another account had
+it that the supervision was to be carried on by the San Francisco graft
+prosecution, and that Burns men would be in constant attendance. A
+report, started early in the session, that a Burns detective had secured
+a job as Assembly clerk almost threw that body into hysterics.
+
+Campbell's threats and the anti-machine lobby rumors seem to have had
+their effect upon the Committee on Rules of each House. At any rate,
+both Senate and Assembly adopted rules that no person engaged in
+presenting any business to the Legislature or its Committees should be
+permitted to do business with a member while the House to which the
+member belonged was in session. Persons transgressing this rule were to
+be removed from the floor of the House in which the offense was
+committed, and kept out during the remainder of the session.
+
+The rule was employed in one instance only. George Baker Anderson, of
+The People's Legislative Bureau, was ruled out of the Assembly, and, in
+effect, out of the Senate Chamber. Jere Burke kept away from both, but
+it was probably Campbell's threat more than the rule that influenced
+Burke. With these two exceptions, the lobbyists had pretty much the run
+of both chambers. It should be said, however, that while none of those
+lobbyists were threatened with expulsion from the floor of either House
+for advocating machine-backed measures and policies, persons advocating
+reform measures were threatened with the anti-lobbying rules. But
+Anderson was the only one to suffer because of them.
+
+The curious feature of Anderson's case was that nobody seems to have
+been able to discover that he ever did any lobbying, or asked a member
+of either body to support or oppose any measure or policy, or that he
+even so much as spoke to a legislator while the House to which the
+legislator belonged was in session.
+
+Anderson was in charge of a Legislative Bureau, one purpose of which was
+to keep the newspapers of the State which were not represented by
+correspondents at the Capital, informed of the votes on the various
+measures, and other items of importance or interest. Somebody early in
+the session called the bureau a "lobby," and somebody else improved the
+title by calling it "People's Lobby."
+
+And then certain Senators and Assemblymen awoke to the startling
+discovery that in the Legislative Bureau, presided over by Anderson, was
+the People's Lobby that was to employ Pinkerton's or Burns' men to watch
+the Legislature. Anderson was a marked man from that moment.
+
+Curiously enough this theory of Anderson's purpose didn't anger a single
+member of Senate or Assembly who, during the nearly three months that
+followed, voted against machine-advocated measures, and for measures
+which the machine opposed. Assemblymen of the type of Bohnett, Hinkle,
+Cattell, Callan and Drew, Senators like Bell, Black, Campbell and
+Holohan either treated the Pinkerton story as a joke or thought that a
+little Pinkerton watchfulness might be a pretty good proposition, all
+things considered.
+
+On the other hand, many of the Senators and Assemblymen who were in
+constant opposition to reform policies, were very much exercised that
+anybody should have the audacity to have a watch kept upon the
+Legislature. This intense feeling found perhaps its best expression in
+Assemblyman McManus' denunciation of Anderson, when the question of
+having Anderson "investigated" was before the Assembly.
+
+"It is a sad state of affairs," said McManus, "if a band of Pinkertons
+are here to follow the members up. We aren't everyday street-car
+conductors. We don't have to have spotters to watch us."
+
+But perhaps the most astonishing feature of the whole astonishing
+Anderson incident is that nobody was ever able to connect him with a
+detective of any stripe whatsoever, Burns, Pinkerton, or unclassified.
+But this did not prevent his being ruled off the floor of the Assembly,
+and, in effect, of the Senate.
+
+As the most amazing rumors about Anderson - many started as jokes[98] -
+multiplied, the indignation of certain Assemblymen and Senators
+increased. Matters came to a climax when Anderson sent a number of
+letters to members who had been absent from the chamber when the first
+vote was taken on the Walker-Otis Anti-Gambling bill, asking them if
+they would be willing to give the reasons for their absence.
+
+The difference in the effect of the letters was astonishing. Assemblyman
+Prescott F. Cogswell, who had been favored with one of them, stated on
+the floor of the Assembly that he had been glad of the opportunity to
+make known the cause of his absence when the vote was taken. On the
+other hand, Assemblyman Wheelan, who had received a duplicate of the
+letter which Cogswell had welcomed, was very much cast down. Wheelan,
+arising to a question of personal privilege, read the letter, and wanted
+to know if he hadn't been "insulted[99]."
+
+Assemblyman Beardslee hastened to assure Mr. Wheelan that he had been.
+Furthermore, Beardslee thumped his ample chest a thump, and announced:
+
+"I, too, am insulted, for my brother has been insulted, and who insults
+my brother, insults me."
+
+That seemed to settle it. The Committee on Rules was instructed to
+investigate the letter incident.
+
+The Committee on Rules consisted of Johnston of Contra Costa, Transue,
+Grove L. Johnson, Beardslee and Stanton, the Committee, by the way, of
+"gag rules" notoriety. The investigation was held behind closed doors.
+
+Anderson was asked about the letter and his purpose in writing it, to
+all of which he replied directly and without hesitation. And then came
+the burning question of the hour:
+
+"How many Pinkertons are there in your employ in Sacramento, Mr.
+Anderson?" asked Johnson.
+
+Anderson refused to answer the question. His wiser course would perhaps
+have been to answer truthfully, "None at all," and end the joke. But
+that was Anderson's business. He declined to answer.
+
+Anderson's refusal to answer was solemnly reported by the committee back
+to the Assembly. Some members when the report was read laughed, others
+were made very serious indeed. It was finally decided that the
+investigation of Anderson should be turned over to the Judiciary
+Committee, of which Grove L. Johnson was chairman.
+
+The Judiciary Committee was solemnly authorized to send for persons and
+papers, and administer oaths. While the investigation was pending,
+Anderson was denied admittance to the Assembly chamber. As the press
+badge, admitting Anderson to both Assembly and Senate chambers had been
+taken from him, he was unable to enter the Senate chamber either.
+
+And the Assembly Judiciary Committee failed to investigate. Although
+Anderson demanded that he be given a hearing, and the matter settled,
+one way or the other, the Judiciary Committee would not and did not act.
+Under the Assembly resolution ordering the investigation, however,
+Anderson was for nearly two months barred from both the Assembly and
+Senate chambers. The session closed without the investigation being
+held.
+
+It may be said in this connection that neither in the State Statutes,
+nor in the rules of either Senate or Assembly, is there a word which
+prohibits the employing of detectives at a Legislative session. Even
+though Johnson's committee had investigated Anderson's case, and
+discovered that he was really employing detectives, it is difficult to
+see how his punishment could have been justified. The incident is
+certainly one of the most extraordinary of the session - of any
+Legislative session ever held in this State, in fact.
+
+The most interesting point in the Anderson case was that when pinned
+down for a reason for excluding him from the Assembly chamber, the
+offended Assemblyman would invariably reply that he was excluded under
+the rule which prohibited lobbying.
+
+Curiously enough, however, lobbying, in spite of the rule, continued on
+the floors of both Houses even during sessions.
+
+When the Islais Creek Harbor bill was under consideration in the
+Assembly, for example, Carroll Cook, and others interested in the defeat
+of the measure as it had passed the Senate, appeared openly on the floor
+and in the lobby of the Assembly, even when the debate was going on, and
+worked for amendment of the measure to suit their aims. All this
+resulted in the greatest confusion. But Speaker Stanton seemed
+absolutely unable to cope with the situation. The lobbying and the
+confusion continued in spite of Stanton's efforts to enforce something
+of the appearance of order.
+
+Such scenes were often duplicated in the Senate. When the fight over the
+Direct Primary bill had the Senate by the ears, Johnnie Lynch, George
+Van Smith, even President of the Senate Warren Porter, exerted
+themselves to compel concurrence in the machine-backed Assembly
+amendments. This was done in the Senate chamber, when the Senate was in
+session, and Johnnie Lynch and Van Smith in particular were conspicuous
+in the work in behalf of the machine's policy.
+
+But it was noticeable, that those who advocated reform policies took no
+such liberties on the floor of either House. They knew better. The
+danger involved for the lobbyist for reform measures was emphasized the
+night the measure prohibiting the sale of intoxicants within a mile and
+a half of Stanford University passed the Assembly.
+
+Charles R. Detrick of Palo Alto, during the call of the House ordered on
+account of the Stanford bill, was discussing the merits of the measure
+with Assemblyman Bohnett, who was leading the fight for its passage. It
+was not a case of lobbying at all, for both men were for the bill,
+
+Nevertheless, Assemblyman Schmitt[99a], who overheard Detrick mention
+the measure, warned the Stanford man, that if he (Detrick) did not cease
+his "lobbying" for the bill that he (Schmitt) would have him (Detrick)
+excluded from the chamber.
+
+Senator Walker, although a member of the Senate, had much the same
+experience. Walker was discussing the Stanford bill with a friend, when
+one of the opponents of the measure threatened him with expulsion from
+the floor of the Assembly if he did not desist.
+
+And even while these threats were being made against the proponents of
+the bill, opponents of the measure were working openly on the floor of
+the Assembly chamber against its passage. No suggestion was made that
+the rule prohibiting lobbying be enforced against them.
+
+
+
+[98] A party of newspapermen were in Anderson's office one evening, when
+two or three machine men came in. With a wink to Anderson one of the
+newspapermen asked - "The head of your detective bureau is that keen
+looking young fellow, with reddish brown hair and brown eyes, is he not,
+Anderson?" Anderson joined in the Joke and nodded. One of the machine
+men left the room immediately. Within an hour, a hunt was being made
+from one end of Sacramento to the other, for a "keen-looking young man
+with reddish brown hair and brown eyes."
+
+[99] The communication which insulted Wheelan read as follows:
+
+The Hon. Albert P. Wheelan,
+     Member of Assembly.
+
+Dear Sir: -
+
+The People's Legislative Bureau, organized chiefly for the collection
+and dissemination of accurate information regarding legislation, and the
+attitude of members of the Legislature thereon, notes that you are
+recorded as having been absent when the roll was called on the motion to
+refer the Anti-Racetrack Gambling bill back to the committee.
+
+As our record is intended to be permanent, and will be placed in the
+hands of all the newspapers and civic organizations throughout the
+State, we wish to ask if you have any objection to furnishing us the
+reason for your absence, so that we may enter it upon our record.
+Respectfully yours,
+
+							GEORGE B. ANDERSON,
+
+							Secretary.
+
+[99a] This is the same Schmitt who objected so strenuously to professors
+of the State University being identified with reform movements.
+
+
+
+Chapter XXII.
+
+The Machine Lobbyist At Work.
+
+How, Jere Burke Arrayed the County Officials of the State Against Two
+Beneficial Measures - How the Power of the Southern Pacific Was Employed
+Against a California Enterprise - Danger Which Constantly Menaces
+Legitimate Enterprises.
+
+
+
+The problem of drawing the line between legitimate and reprehensible
+lobbying has perplexed wiser men than sat in the California Legislature
+of 1909.
+
+On the side of the lobbyist it may be said there seems no good reason
+why a citizen or representative of a corporation which is interested in
+pending legislation should not appear at the Capitol and in a legitimate
+way present his case to the members of the Legislature. In fact, the
+theory of committee consideration of measures introduced in Senate or
+Assembly, is based on the principle that it is the citizen's right to be
+heard on any matter that may be pending before the Legislature. The
+citizen cannot be heard before either the Senate or Assembly; he can,
+however, present his case to the committee the decision of which carries
+weight with that branch of the Legislature for which it acts. No one can
+object, for example, that Mr. P. F. Dunne appeared before the Senate
+Committee on Corporations, when the Railroad Regulation bill was under
+consideration, to present the railroad's side. Mr. Dunne appeared openly
+and aboveboard, and although he sought deliberately to misrepresent the
+situation to the Committee, nevertheless to object to his visiting
+Sacramento, or even to the work which he did while there, would be
+forced and far-fetched.
+
+In the same way, Mr. Seth Mann, representing the shippers of California,
+appeared before the Committee and presented the side of the shippers.
+Mr. Mann spoke for the shippers precisely as Mr. Dunne spoke for the
+railroads. Mr. Mann, however, did not stoop to misrepresentation and
+deception.
+
+But if Mr. Dunne for the railroads or Mr. Mann for the shippers had
+departed from openly-presented argument to buttonhole Senators or
+Assemblymen to tell them they must vote for or against a given measure,
+or look out for trouble, immediately would he be open to criticism. If
+either went during roll call from Legislator to Legislator to tell the
+members how they were to vote, again would he be justly criticized. Or
+had Mr. Dunne employed the influence of the great corporation which he
+represents to defeat or pass a measure in which his company can have no
+legitimate interest, again would there be good reason for complaint. Mr.
+Dunne could very properly - while acting as agent of the Southern
+Pacific Railroad Company - urge in a legitimate way the corporation's
+objections to the Demurrage bill, to the Full Crew bill, to the Railroad
+Regulation bill, or any other measure affecting common carriers. But for
+Mr. Dunne to have employed the influence of his position as political
+representative of a common carrier to force the passage of the Change of
+Venue bill for example, or defeat an effective Direct Primary bill, or
+the Party Circle bill, or the Judicial Column bill, would have been most
+reprehensible, for the Southern Pacific Company can have no legitimate
+interest in any of these measures.
+
+So far as the writer knows, Mr. Dunne did not concern himself with any
+measure, except those in which his company was legitimately interested.
+But paid servants of the Southern Pacific Company were at Sacramento
+throughout the entire session, and managed to have their fingers in
+about all that was going on. The most conspicuous of them was Mr. J. T.
+Burke, more familiarly known as "Jere" Burke.
+
+A fair sample of Burke's methods - and Burke is merely typical of the
+objectionable lobbyist - is found in the campaign which was carried on
+against Senate Bills 1229 and 1230. Had these measures become laws, it
+would have been possible for county assessors to discover property,
+owned principally by public service corporations, which at present
+escapes taxation. It is estimated that the total taxable value of this
+untaxed property is $100,000,000. It is not taxed because assessors have
+no means of reaching it. Mr. Burke's company could have no legitimate
+interest in Senate Bills 1229 and 1230. This statement is made, of
+course, on the assumption that the officials of the Southern Pacific
+Company aim to make honest returns to the tax collector. But to return
+to Senate Bills 1229 and 1230, and Burke's connection with them.
+
+The two measures were intended to amend sections of the Codes relating
+to the assessment of property. Section 3681 of the Political Code
+provides that "during the session of the Board (of Supervisors sitting
+as a Board of Equalization) it may direct the Assessor to assess any
+taxable property that has escaped assessment, or to add to the amount,
+number and quality of property, when a false or incompetent list has
+been rendered."
+
+Under this section, as it at present reads, the Supervisors may direct
+the Assessor to assess property that may have escaped assessment, but
+there is no machinery provided by which the property may be discovered.
+Senate Bill 1229 provided the machinery by which the unassessed property
+might be discovered, by adding to the section quoted above: "And the
+Board (the Supervisors sitting as a Board of Equalization) may employ
+legal or other assistance in discovering any taxable property that has
+escaped assessment in the performance of their duties under this
+section."
+
+Senate Bill 1230, the companion bill, provided that the Supervisors may
+subpena witnesses in all matters pending before them when sitting as a
+Board of Equalization. Under the present law, they can compel attendance
+of witnesses only upon the particular point under consideration.
+
+The necessity of the amendments was generally admitted. The task of the
+Assessor is at best no easy one. Through his deputies he must list all
+the property in his county - that he can find.
+
+The holdings of the small property owners are in sight, and, down to the
+last chicken, go on the assessment roll.
+
+The property of the large corporation is not so readily discovered and
+$100,000,000 worth of it, according to conservative estimate, escapes
+assessment. The Assessors, with comparatively small force of deputies,
+have no way to force its assessment.
+
+The Board of Supervisors, sitting as a Board of Equalization, may know
+that the unassessed property is in existence, but has no way to reach
+it. The Board may, under section 3681 of the Political Code quoted
+above, direct the Assessor to assess it, but the law stops there. There
+is no machinery provided for the discovery of the property. Senate Bills
+1229 and 1230 provided the machinery. They were introduced by Senator
+Sanford of Mendocino. Before their significance was appreciated by
+Southern Pacific lobbyists, the Senate Judiciary Committee had
+recommended them for passage.
+
+When Burke did grasp the significance of the measures, he demanded of
+Sanford that they be withdrawn. The argument which Burke advanced
+against them was in effect as follows:
+
+"These bills are the most un-American propositions I ever heard of,"
+said Burke. "They make of the Boards of Supervisors inquisitorial
+bodies. The corporations have property which they prefer to conceal.
+They prefer arbitrary assessments. They do not care to make returns to
+the Assessor. The passage of these bills would compel them to make
+returns."
+
+In other words, the corporations, if Jere Burke, their legislative
+representative, reflects their sentiments, prefer that the Assessors
+continue to guess at the value of their properties. If the guess be too
+high, the corporations can compel reductions; if the guess be too low,
+they rest content. But, however the corporations may approve the
+guessing method of assessment, it has not proved equable, has not been
+fair to the farmer, the merchant and the householder, who under oath
+make honest returns to the Assessor.
+
+Burke's argument, however, failed to move Sanford. The Senator from
+Mendocino refused to withdraw the bills. And then a curious thing
+happened. The members of the Senate were, within three days after
+Sanford had refused to withdraw the bills, fairly swamped with telegrams
+and letters from County Assessors and County Supervisors, protesting
+against the passage of the bills, on the ground that their passage would
+be a reflection upon the County Assessors of the State. Many who thus
+telegraphed or wrote, stated that they had not seen the bills but added
+in effect, "We understand that they are bad bills and should be
+defeated."
+
+Of course, there was no evidence that Burke or his agents had instigated
+the telegrams. But there was a shrewd suspicion that such was the case.
+Sanford's answer to the Supervisors and Assessors was most effective. He
+mailed them copies of the Sacramento Bee which set forth the actual
+purpose of the bills, and copies of the bills themselves. Immediately
+Assessors and Supervisors who had wired their Senators to oppose the
+bills, sent telegrams withdrawing their opposition.
+
+In passing it may be said that neither bill passed the Senate. Bill No.
+1229 passed second reading, but was amended on third reading, March 11,
+and was not heard of again. Bill No. 1230 passed second reading, but was
+not read the third time. There are other ways to kill good bills than to
+bluff their authors into withdrawing them, or by stirring up State-wide
+antagonism to them. The incident shows, however, the State-wide
+ramifications of the machine. Within three days it was possible for the
+machine to create the impression from one end of the State to the other,
+that Senate Bills 1229 and 1230 were bad bills, measures casting
+reflection upon the County Assessors. Only the prompt action of Senator
+Sanford dispelled this impression. It also demonstrates the powerful
+backing behind the machine agents kept at Sacramento during a
+Legislative session.
+
+It is bad enough when the far-reaching influence of the machine is
+employed to defeat measures which provide the machinery to enable public
+officials to enforce the law, against beneficiaries of the system, but
+when one of the agents employs this influence to promote his personal
+interests in a matter in which the particular corporation which he
+represents can have no interest whatever, particular emphasis is given
+the evils of the machine domination and reprehensible lobbying. To
+illustrate:
+
+A peculiar situation which has developed at Owens Lake in Inyo County,
+made it necessary and proper that slight amendment be made to the law of
+eminent domain. The water of Owens Lake is heavily charged with soda.
+Some years ago, the Inyo Development Company was organized to recover
+this soda. The company invested $200,000 in establishing a soda-ash
+plant at the lakeside. This does not include the cost of building a
+railroad from the Lake to Mound House, Nevada, a distance of about 400
+miles. The investment proved a success. The company harvests as high as
+10,000 tons of soda ash a year. As the product is worth as high as $30 a
+ton at San Francisco, the enterprise adds an important industry to the
+developed resources of the State. The method of recovering the soda is
+simple. The water is drawn from the lake into vats, where it is left to
+evaporate. The soda is then recovered.
+
+Owing to the fact that the waters of Owens Lake are constantly receding,
+a considerable strip of land has, during recent years, been uncovered
+between the company's holdings near the lake. and the water. The water
+from which the soda is reclaimed has to be piped over this land.
+
+Recently former employees of the Inyo Development Company took up the
+land lying between the company's property and the lake, and under the
+name of the Natural Soda Products Company, propose to go into the
+business of manufacturing soda ash on their own account.
+
+Not long since the new company began to complain of the old company's
+pipe, which crosses the new company's land. The old company saw that it
+had trouble ahead unless it could condemn a strip of the recently
+reclaimed land for a pipe line. It was found, however, that there is no
+law in California by which this could be done. Under the law of eminent
+domain land could be condemned for almost any other purpose than to
+establish a pipe line to carry water not to be used for irrigation or
+domestic purposes. An attempt was therefore made to have the law
+governing eminent domain amended so as to read that land could be
+condemned "for oil pipe lines and pipe lines for conducting the waters
+of any lake which are not fit for irrigation or domestic purposes, and
+which contain soda or other minerals' or chemical substances in
+solution, and also pumps and machinery for raising the same and forcing
+the same through such pipes."
+
+This amendment was included in Senate Bill 797, and in the companion
+Assembly Bill 815. Senate Bill 797 passed the Senate and was referred to
+the Judiciary Committee of the Assembly, where the amendment providing
+for the soda water pipe line was added. This bill received a favorable
+recommendation from the Assembly Judiciary Committee and was returned to
+the Assembly. And then a very mysterious thing happened. Without
+apparent reason the bill was referred to the Assembly Committee on
+Corporations. Provision for soda water pipe lines, so far as the
+Assembly was concerned, came to a sudden ending.
+
+At the time Senate Bill 797 was undergoing suppression in the Assembly,
+the companion bill, Assembly Bill 815, was pending before the Senate
+Judiciary Committee. The measure was amended to make possible the
+condemnation of land for a soda water pipe line. Chairman Willis of the
+Committee expressed himself as satisfied with the amendment. And as
+amended, the bill was referred back to the Senate with the
+recommendation that it do pass as amended. Two days later, however,
+Senator Willis stated on the floor of the Senate that he had information
+from Inyo County which convinced him that the amendment was not
+desirable, and should be excluded from the bill. He stated that the
+county officials of Inyo County opposed the amendment, and for that
+reason suggested that the amendment be dropped. He stated that the
+Assembly would refuse to concur in the amendment even though the bill
+were passed with it. Mr. Willis' wishes were respected and the bill
+re-amended. Provisions for condemning land for soda water pipe lines
+came to as dead a stop in the Senate as in the Assembly. The next
+development in this comparatively unimportant incident of the session,
+was the discovery that Mr. J. T. Burke of Berkeley, member of the
+Southern Pacific law department, the Jere Burke of Southern Pacific
+lobbying, is one of the directors of the Natural Soda Products Company,
+which owns the land over which the Inyo Development Company would build
+a pipe line, a pipe line upon which the future prosperity of the Inyo
+Development Company largely rests. Burke was alleged to have opposed the
+amendment - and so far as the writer knows the charge was never denied -
+and with having brought about the defeat of the amendment. In other
+words, Mr. Burke is charged with throwing the full weight of the
+influence of the large corporation (the Southern Pacific Railroad
+Company, which he represents) on the side of a small corporation in
+which he is a director, and against a third corporation, which has large
+interests at stake. And the citizen who stands for fair play should not
+lose sight of the fact that Mr. Burke's corporation, the Southern
+Pacific Railroad Company, is the principal factor in the machine which
+works against good government, fair play, the "square deal" in business
+and politics which President Roosevelt insisted upon. The Inyo
+Development Company failed in its perfectly legitimate purpose because
+arrayed against it was in effect the political influence of the Southern
+Pacific Railroad Company, the tenderloin, and all the other elements
+that go to make up the political machine in California. And the fact
+should not be lost sight of that no other independent enterprise in
+California, even where it has, as has the Inyo Development Company,
+hundreds of thousands of dollars invested, is immune against similar
+experiences.
+
+Early in the session when the lobbying question was, because of the
+excitement over Anderson, decidedly prominent, Sanford in the Senate and
+Callan in the Assembly introduced bills requiring lobbyists who appear
+at the Capitol during a legislative session to register their names, the
+names of their employers and the amount and nature of their compensation.
+At the close of the session they were, under the terms of the measures,
+required to file a detailed statement of their expenditures.
+
+Had these measures become laws they might have proved very embarrassing
+to certain gentlemen who were very well received by the machine element
+in both Senate and Assembly chamber.
+
+But they didn't become laws.
+
+The Assembly bill went to the Assembly Judiciary Committee, which held
+it two months, finally, on March 16th, reporting it to the Assembly
+without recommendation. On March 19th, the measure was refused passage.
+
+The Senate bill went to the Senate Judiciary Committee. The Committee
+referred it back to the Senate with the recommendation that it do not
+pass. On January 29th, it, too, was defeated.
+
+The lobbying problem, like Jere Burke, continues with us.
+
+
+
+Chapter XXIII.
+
+Influence of the San Francisco Delegation.
+
+Casts Nearly Twenty-five Per Cent of the Vote in Each House - Majority
+Invariably Found on the Side of the Machine - Opposed Passage of the
+Walker-Otis Bill - Instrumental in Amending the Direct Primary Law -
+Defeated Local Option Bill.
+
+
+
+The popular idea that the State outside San Francisco is not concerned
+about political conditions at the metropolis is not borne out by the
+record of the legislative session of 1909. The San Francisco delegations
+in Senate and Assembly had, as they always have had and will have for
+many a year to come, the deciding voice in practically all important
+issues.
+
+San Francisco elects within one of 25 per cent of the members of the
+State Senate, and within two of 25 per cent of the Assembly. In other
+words, nine of the forty Senators come from San Francisco, and eighteen
+of the eighty Assemblymen. The nine San Francisco Senators and the
+eighteen San Francisco Assemblymen join with the outside members in
+making laws not for San Francisco alone, but for the entire State. Their
+numbers give them decided advantage. The character of the laws passed at
+a legislative session almost invariably bears the stamp of the character
+of the San Francisco delegation. The character of the delegation depends
+upon political conditions at San Francisco. The whole State, then, is
+concerned in the efforts of the best citizenship of the metropolis to
+oust from power the corrupt element that has so long dominated San
+Francisco politics.
+
+The record of the San Francisco delegation at the session of 1909, while
+better in the Assembly than in the Senate, is not one for San Francisco
+- or the State for that matter - to enthuse over. The votes on test
+questions of the eighteen members of the Assembly and of the nine
+members of the Senate, will be found set forth in tables in the
+appendix.
+
+The table showing the votes of the nine San Francisco Senators covers
+sixteen roll calls, on which the San Francisco Senators cast 128 votes,
+ninety-nine of which were in support of machine policies and only
+twenty-nine against. Thus the nine Senators averaged on sixteen roll
+calls, eleven votes for the machine and three votes against. Had the San
+Francisco Senators broken even on the issues involved; that is to say,
+had sixty-four of the 128 votes been cast for the machine, and
+sixty-four against the machine, and the sixty-four anti-machine votes
+been evenly distributed among the several issues, the machine would have
+been defeated on every issue coming before the Senate.
+
+The Assembly showing is not quite so overwhelmingly machine as that of
+the Senate, but it is bad enough. Eleven roll calls are considered. On
+these the eighteen San Francisco Assemblymen cast a total of 165 votes,
+of which 108 were for machine policies and fifty-seven against. Thus,
+even in the Assembly, the vote was approximately 2 to 1 in favor of the
+machine. Of the fifty-seven anti-machine votes, eleven were cast by
+Callan, who made an absolutely clean record, nine by Gerdes and seven by
+Lightner, a total of twenty-seven for the three. Deducted from the total
+of anti-machine votes, this leaves only thirty anti-machine votes for
+the remaining fifteen members of the delegation. Or to put it the other
+way, Callan, Gerdes and Lightner cast among them only four machine
+votes, which leaves 104 machine votes cast by the other fifteen San
+Francisco members.
+
+On the individual issues the San Francisco Senators and Assemblymen made
+as bad a showing as does their vote in the aggregate. The passage of the
+Walker-Otis Racetrack Gambling bill for example demonstrates that the
+poolsellers had little hold upon the legislators of any community of the
+State outside of San Francisco. In the Senate but seven votes were cast
+against the bill. Five of the seven came from the San Francisco
+delegation - Finn, Hare, Hartman, Reily and Wolfe. The two remaining
+came from Alameda and Shasta-Siskiyou Counties. Leavitt, representing
+Alameda, and Weed, representing Shasta and Siskiyou, voted with the five
+San Francisco Senators against suppressing bookmaking and pool-selling.
+
+The record of the San Francisco Assembly delegation on the anti-gambling
+measure is scarcely less suggestive. Before the Walker-Otis bill could
+pass the Assembly the proponents of the measure had to win six fights,
+as is shown by the table giving the several votes taken in the Assembly
+on the Walker-Otis bill. The three most important of the six were:
+
+1. To prevent the bill being referred back to the Committee on Public
+Morals.
+
+2. To pass the measure on third reading without amendment.
+
+3. To prevent reconsideration of the vote by which the bill had been
+passed.
+
+In the first fight twenty-three Assemblymen voted to refer the bill back
+to the Committee. Of these twelve - more than one-half - were from San
+Francisco.
+
+The day of the second fight, only ten Assemblymen voted on the side of
+the gamblers. Every one of the ten was from San Francisco.
+
+In the third fight, on the motion to reconsider, nineteen Assemblymen
+voted for reconsideration. Of these, ten, more than fifty per cent, were
+from San Francisco.
+
+Or, to put it in a lump, in the three most important fights over the
+Walker-Otis bill in the Assembly, in the aggregate fifty-two votes were
+cast against the measure. Of these, thirty-two were from San Francisco
+Assemblymen. Only twenty were from outside San Francisco.
+
+The universal demand throughout the State for the passage of an
+anti-pool selling measure offset the influence and the vote of the San
+Francisco delegation in both Senate and Assembly. But in the issues more
+involved, where the lines were more closely drawn, San Francisco
+practically made the laws for the whole State. This could be
+demonstrated by many instances. The most striking perhaps are shown by
+the histories of the Direct Primary measure and the Railroad Regulation
+bills.
+
+When the first fight over the Direct Primary bill came up in the Senate,
+it will be remembered, the anti-machine forces defeated the machine by a
+vote of twenty-seven to thirteen. Of the thirteen Senators who voted to
+amend the bill to the liking of Wolfe and Leavitt, six - almost fifty
+per cent - were from San Francisco. They were Finn, Hare, Hartman,
+Kennedy, Reily, Wolfe.
+
+When the machine element had succeeded in amending the Direct Primary
+measure to its liking in the Assembly and there came a new alignment on
+the bill in the Senate, eight of the nine San Francisco Senators voted
+with Wolfe and Leavitt for the amendments, which denied the people of
+California State-wide vote on candidates for the United States Senate.
+One San Francisco Senator only, Anthony, voted with the better element
+in the Senate, against the amendments.
+
+Had only two of the nine Senators from San Francisco voted for the bill
+in its original form, the measure would have been passed by a vote of
+twenty-one to nineteen without the machine amendments.
+
+The influence of the San Francisco members in shaping the Direct Primary
+law was even more forcibly illustrated in the Assembly. Of the eighteen
+San Francisco Assemblymen, fifteen voted for the Assembly amendments,
+two, Callan and Gerdes, voted against them, and Hopkins is not recorded
+as voting.
+
+It will be remembered that the amendments were read into the bill by a
+vote of thirty-six to thirty-eight. Had the San Francisco delegation
+divided even on this vote, had nine voted for the amendments and nine
+against, the vote would have been forty-three against putting them in
+the bill, and thirty-two for, the bill would not have been amended in
+the Assembly; it would have become a law in the same shape that it had
+originally passed the Senate. It is noticeable that in an Assembly of
+eighty members, only twenty-three of the Assemblymen who voted for the
+Assembly amendments to the Direct Primary bill were from outside San
+Francisco. In the Senate eight of the twenty Senators who voted for the
+amendments were from San Francisco, only twelve were from outside that
+city. Thus, out of 120 members in the Legislature, ninety-three of whom
+were from outside San Francisco, only thirty-five from districts outside
+the metropolis voted for the Assembly, or machine amendments to the
+Direct Primary bill. But twenty-three of the twenty-seven San Francisco
+Senators and Assemblymen did vote for them, and only three of the San
+Francisco members voted against them.
+
+It will be seen that the people of California who live outside San
+Francisco are decidedly interested in the character of Senators and
+Assemblymen whom that city sends to the Legislature.
+
+The people of San Francisco are, of course, as much concerned over
+reasonable regulation of the transportation companies as Californians
+living outside that city. But the San Francisco Senators were a unit in
+their opposition to the passage of an effective railroad regulation
+measure.
+
+The fight over the railroad regulation came in the Senate. The final
+line-up showed eighteen Senators for the effective Stetson bill and
+against the ineffective Wright bill; while twenty-two Senators were
+against the Stetson bill and for the Wright bill. The Wright bill was
+accordingly passed. Every one of the nine San Francisco Senators voted
+for the Wright bill. Only thirteen Senators who voted for the Wright
+bill were from outside San Francisco.
+
+In a word, the proponents of the Stetson bill were from the start
+handicapped by a solid delegation of nine from San Francisco which they
+could not overcome. Had three of the nine San Francisco Senators been
+for the Stetson bill, that measure would now be the law of California.
+
+The transportation issue was fought out in the Assembly over the Sanford
+Senate resolution endorsing Bristow's plan to establish a line of
+Government steamers between San Francisco and Panama. The fruit growers
+of Southern California are particularly interested in this project. The
+Assembly, however, amended all reference to the Bristow report and all
+criticism of the Pacific Mail Steamship Company and the railroads out of
+the resolution.
+
+Of the eighteen San Francisco Assemblymen only one, Callan, voted
+against the amendments; fourteen - Beatty, Beban, Coghlan, Collum,
+Cullen, Hopkins, Lightner, Macauley, McManus, Nelson, O'Neil, Pugh,
+Perine and Wheelan - voted for the amendments, while three - Black,
+Gerdes and Schmitt - did not vote at all.
+
+The Local Option bill was also killed by San Francisco votes. This
+measure was strongly backed by the rural districts. The various
+counties, particularly those engaged in farming, dairying and fruit
+growing, sent representatives to the Legislature instructed to vote for
+Local Option. The issue in all ways concerned the country districts
+rather than the large cities. But the votes of the San Francisco
+Senators defeated the Local Option bill.
+
+The first fight over the Local Option bill came when in the ordinary
+course of events it reached third reading. Instead of letting a vote be
+taken on the measure, Wolfe moved that it be referred to the Judiciary
+Committee. This was clearly a move against the passage of the bill, for
+it meant delay which might prove fatal. But Wolfe's motion prevailed by
+a vote of twenty to fifteen. The nine San Francisco Senators voted to
+refer the bill to the committee, only eleven Senators from outside San
+Francisco voted with them.
+
+The nine members from San Francisco continued consistent in their
+opposition to the measure. When the Local Option bill did come to a vote
+their nine votes were cast against it.
+
+The people of Del Norte county and the people of San Diego county are
+denied the privilege of voting "Wet or dry" because of the opposition to
+the Local Option bill of the solid San Francisco delegation in the
+Senate. It will be seen that the people of these distant counties are
+decidedly interested in political conditions in San Francisco, for in a
+large way the character of the San Francisco delegation in the
+Legislature is unmistakably reflected in the laws which are passed for
+the government of the entire State.
+
+Taken as a whole, the San Francisco delegation in Senate and Assembly
+were nothing for that city to be proud of, and at a critical moment San
+Francisco came near paying dearly for her Hartmans, Hares, Macauleys and
+McManuses. But for the intervention of the country members the Islais
+Creek bond project would have been defeated.
+
+The improvement calls for the purchase of sixty-three water blocks at
+Islais Creek to be converted into an inland harbor. The future
+development of San Francisco depends largely upon this improvement. But
+private interests demanded that nineteen of the sixty-three blocks be
+excluded from the plan, which would have rendered the whole project
+impracticable. When the fight came on, San Francisco Senators and
+Assemblymen opposed the purchase of the sixty-three blocks.
+
+To begin with, Senator Wolfe, as member of the State Harbors Committee,
+had signed a report which recommended that forty-four blocks only be
+purchased. But Wolfe afterwards insisted that he had signed the report
+not knowing what he was doing.
+
+When the fight for the improvement came up in the Senate, only two
+Senators, Hartman and Reily, both of San Francisco, opposed the project.
+They were in the end ignominiously defeated, every Senator present
+voting against them. But both Hartman and Reily did the best they knew
+how to defeat the purchase of the area necessary for the improvement.
+
+The San Francisco delegation in its opposition to the Islais Creek
+project had better success in the Assembly. Nine San Francisco
+Assemblymen, Beban, Black, Cullen, Lightner, Macauley, McManus, O'Neil,
+Perine and Wheelan, united against the measure as it had passed the
+Senate. They succeeded in throwing doubt upon the necessity of the
+purchase of sixty-three blocks, and finally won twenty-two outside
+members over to their way of thinking. Had it not been for the efforts
+of Assemblymen Callan, Beatty and Nelson of San Francisco, backed by the
+Los Angeles delegation, the Islais Creek Harbor project would
+unquestionably have been defeated in the Assembly, solely because of the
+opposition of nine San Francisco Assemblymen.
+
+But there is plenty of evidence of improved political conditions at San
+Francisco. An anti-machine Board of Supervisors is standing out manfully
+against the demands of machine-protected interests. The District
+Attorney's office is, indeed, pressing representatives of those
+interests pretty close to the doors of the penitentiary, although the
+District Attorney is handicapped by laws for which San Francisco is
+largely responsible, because of the character of the men whom session
+after session she has sent to the Legislature.
+
+There is, however, enough to warrant the belief that San Francisco will
+improve the character of the Assembly and Senate delegation. Upon such
+improvement, the well-being of the whole State largely depends.
+
+
+
+Chapter XXIV.
+
+Attacks On And Defense of the Fish Commission
+
+Fast Becoming a Powerful Political Factor - Enormous Fund Which It
+Expends Practically Without Check. - Legislative Investigation Blocked -
+Scheme to Give Commissioners Salary Fails.
+
+
+
+Without the general public realizing just what is going on, the machine
+is, in the State Fish and Game Commission, building up an adjunct which
+seems destined to play an important part in any fight that may be
+carried on by the independent electors to break the machine's
+strangle-hold upon the State. Naturally the machine element in the
+Legislature was prepared always to rally to the defense of the
+Commission, and the defense was necessary, for the Commission is
+vulnerable, and was attacked at many points.
+
+The Commission is perhaps the most extraordinary institution in the
+State. At its head is General George Stone, one-time chairman of the
+Republican State Central Committee. At its tail is Jake Steppacher,
+another one-time potent politician who has passed the days of his
+usefulness. Between Stone at the lead and Steppacher at the tail, is an
+astonishing array of formerly prominent politicians, as well as
+politicians who are decidedly in the present. In fact, the Fish and Game
+Commission is fast becoming one of the most potent adjuncts to the State
+political machine, that strictly non-partisan organization which guards
+the interests of the tenderloin, the Southern Pacific Railroad Company,
+the racetrack gamblers, their associates and allies, and which rather
+presumptuously assumes to be the Republican Party of California.
+
+One of the features of the session of 1909 was the keen little fight of
+the anti-machine members of the Legislature to restore the Fish and Game
+Commission to its one-time simplicity, legitimacy and usefulness, and
+the efforts of the machine members to prevent this.
+
+Up to two years ago, under the name of Fish Commission, the now Fish and
+Game Commission did most admirable work on an allowance of about
+$50,000. So far as the writer can ascertain, the Commission's income up
+to 1907 never exceeded $54,000 in any one year; usually it was a trifle
+under $50,000.
+
+But in 1907 a tax of $1 a year was imposed upon all citizens of
+California who wished to go hunting. Citizens of other States, wishing
+to hunt in California, are under the same law taxed $10 a year, while
+foreigners are taxed $25. The law provides that the income thus raised
+be turned over to the Fish Commission.
+
+The first year that the law was in force, the Commission received
+$116,579 on account of it. This, with moneys received from State
+appropriations, fines collected and the like, swelled the Commission's
+income for that year, the fiscal year ending June 30, 1908, to
+$184,467.70, an increase of more that $130,000 from the previous fiscal
+year.
+
+For the fiscal year ending June 30, 1908, the cost of conducting the
+Governor's office, including the Governor's salary, the salaries of his
+secretaries and clerks, stationery, postage stamps, secret service,
+everything in a word in connection with the office, was $32,377.
+
+In the same way the expense of conducting the State Controller's office
+was $23,417; of the State Treasurer's office, $16,751 ; of the Attorney
+General's office, $33,082; of the Surveyor General's office, $20,679; of
+the State Superintendent of Schools' office, $22,380.
+
+But the General Stone captained - or perhaps generaled - Fish Commission
+had for that year a modest bit of $184,467. The Fish Commission then,
+for the fiscal year ending June 30, 1908, cost California almost six
+times as much as did the Governor's office, eight times as much as did
+the Controller's office, eleven times as much as did the State
+Treasurer's office, almost six times as much as did the Attorney
+General's office, more than nine times as much as the Surveyor General's
+office, and eight times as much as did the State Department of Public
+Instruction. And let it be borne in mind that this does not include the
+sums which the various counties paid for game wardens and for local
+protection of game, the best protection, by the way, and the most
+practical.
+
+The $184,467, did not go to the counties. It went exclusively to General
+Stone's Commission. It will be seen that General Stone's Commission has
+a very good thing of it.
+
+Another surprising feature of the Stone-Generaled Commission is that
+there is little check upon its expenditures. If the Governor wishes to
+raise the salary of his secretary or one of his stenographers he must
+appeal to the Legislature for permission. The State Controller, the
+State Treasurer, the Secretary of State, the State superintendent of
+Schools, and so on down the list Of State officials, are powerless to
+increase the salary of an assistant or of a clerk, or of an office boy,
+without legislative sanction.
+
+But not so General Stone's Commission. The Commission is left to do
+pretty much as it pleases with its income. So, recently, without saying
+a word to anybody, it increased the salary of one of its deputies
+(Vogelsang) from $200 to $300 a month. Three hundred dollars a month is
+$3600 a year. Up to this year the salary of the State Controller, of the
+Secretary of State, of the State Treasurer, of the Surveyor General, of
+the Superintendent of Public Instruction, etc., was only $3,000 a year.
+So it will be seen that one of General Stone's Deputies was drawing $600
+a year more salary from the State than the elected State officials.
+
+Jake Steppacher and other politicians, finding easy berths in the
+Commission, were also granted generous salary increases.
+
+But in ways other than generous increase in the salaries of its deputies
+has the Fish Commission shown its kingly independence. The law provides
+that each State official and Commission shall, biennially, in the
+September before the Legislature convenes, file with the Governor a
+report of its activities and expenditures. This enables the Governor to
+make such recommendations as he may deem necessary in his message to the
+Legislature. The Controller, Attorney General, in fact all the State
+officials and departments, observed the law last September with but one
+exception. The Fish Commission, costing the State from six to eleven
+times more money that the State departments, did not file a report with
+the Governor.
+
+The fact that the Commission had filed no report in September, the
+generous increase in salaries of its deputies, alleged instances of
+arbitrary conduct of its representatives, resulted in a resolution being
+introduced by Assemblyman Harry Polsley, demanding that the Commission
+be made the subject of legislative inquiry.
+
+The resolution was referred to the Assembly Committee on Fish and Game,
+a committee notoriously in sympathy with the Commission. The Committee
+held a sort of preliminary hearing which resulted in a general
+whitewashing[100]. Polsley made out what was generally regarded as a
+prima facie case against the Commission, but the Committee did not
+choose to consider it such, and so the investigation got no
+further[100a].
+
+But it was noticeable after the "preliminary hearing" that the advocates
+of the Fish Commission measures did not show up so sprightly confident
+of their passage as before. Polsley's efforts were by no means lost.
+Many measures intended to strengthen the already gigantically strong
+Commission failed of passage, or had their viciousness amended out of
+them, which, had it not been for Polsley's efforts, might have become
+laws.
+
+The most important of these was Senate Bill 741. The measure as
+originally introduced by Senator Willis provided that "every person in
+the State of California, who hunts, pursues or kills any of the wild
+birds or animals, excepting predatory birds or animals, or fishes for
+or catches with hook and line any of the protected fish of this State,
+without first procuring a license therefor, as provided in this Act,
+is guilty of a misdemeanor."
+
+Had the act become a law as introduced, not only those who hunt, but
+those who fish, would have been obliged to pay one dollar for a license.
+Thus, if a family of father, mother and three children wanted to go
+fishing, they would first have had to pay five dollars for the
+privilege.
+
+The writer has it from a gentleman who has made careful study of the
+Fish Commission and its ways that the licensing of amateur fishers would
+have increased the income of the Fish and Game Commission $150,000 a
+year. This, with the income already enjoyed by the Commission of
+$184,000 a year, would have swelled its annual income to more than
+$330,000. This sum is $90,000 more than it cost to maintain the Stockton
+Hospital for the Insane for the fiscal year ending June 30, 1908;
+$125,000 more than the maintenance of the Agnews Asylum for that year;
+$122,000 more than the cost of the maintenance of the Folsom State
+Prison. The Fish and Game Commission was scarcely modest in its
+demands[101].
+
+Naturally, the backers of the Fish and Game Commission made a hard fight
+for the measure's passage. But in spite of their efforts they could not
+edge it through the Senate until March 3d. In the Assembly, the measure
+met genuine opposition.
+
+The Assembly Committee on Fish and Game of course recommended it for
+passage, and on March 15th, after a hot fight, it actually passed the
+Assembly. But Cattell gave notice of reconsideration. Incidentally,
+Governor Gillett let it be known that he would veto any measure that
+required amateur fishermen to pay license. This was a damper upon the
+Fish Commission crowd. When Cattell called the bill up for
+reconsideration it was reconsidered and defeated. However, Leeds
+accepted an amendment which struck out the clause which provided that
+amateur fishermen must pay a license tax. On Leeds' motion the next day,
+the amended bill was reconsidered and passed.
+
+The three Fish and Game Commissioners serve without salary. Their
+compensation comes from the pleasure of disbursing upwards of $200,000 a
+year, what political prestige there may be in it, and rather generous
+expense money[102]. But a bill was introduced to give each Commissioner
+a salary of $3,000 a year. The measure did not become law, for which the
+writer believes much credit is due Assemblymen Polsley of Red Bluff. The
+State was thus saved $9,000 a year. General Stone and his associates are
+just that amount out of pocket. They have, however, given no indication
+of resigning their offices because the salary has been denied them.
+
+But if the Fish and Game Commission was unsuccessful in increasing its
+revenue and putting through other measures from the standpoint of its
+members advantageous, its opponents were quite as unsuccessful in their
+attacks upon the Commission. Like the panther cat that guards her young,
+the agents of the Commission fought to retain the advantages which they
+had secured in 1907, and were generally successful.
+
+The chief of the attacks was that of Assemblyman Polsley, author of
+Assembly Bill 433. This bill wasn't very long, contained less than five
+lines, in fact, and just forty-three words, but its passage would have
+saved the people of California more than $100,000 a year, or almost as
+much as it costs the State to run the Governor's office, the
+Controller's office, the State Treasurer's office and the office of
+State Superintendent of Schools combined. Assembly Bill 433 repealed the
+law of 1907, under which hunters are required to pay the Fish and Game
+Commission for the privilege of going hunting. The bill was introduced
+January 15th. It was referred to the notorious Assembly Committee on
+Fish and Game. There it was held until March 10th. It was then referred
+back to the Assembly with the recommendation that it "do not pass." That
+settled Assembly Bill 433.
+
+Another measure which caused the agents of the Fish Commission much
+worry was introduced in the Assembly by Preston and in the Senate by
+Sanford. This bill provided that $50,000 should be paid out of the Fish
+and Game Commission fund each year to be used in paying bounties for
+exterminating coyotes. This would have left the Commission only about
+$130,000 a year. Naturally, the agents of the Commission resented the
+raid on their funds. The measure was referred to the Assembly Committee
+on Fish and Game. This was on January 18th. And it never was heard of
+after.
+
+The companion Senate measure, introduced by Sanford, got further, but
+not much. The Senate Committee reported it "without recommendation." But
+even so, it passed second reading and went to engrossment and third
+reading. There it languished. On March 18th it was withdrawn by its
+author.
+
+Another measure which gave the Commissioners a deal of worry was one
+introduced by Johnson of Placer, which provided that to each hunter who
+took fifty blue jay heads to the County's Clerk's office should be
+issued a hunter's license free. It was thought that this would encourage
+boys to kill blue jays for the hunter's license prize, value one dollar.
+But General Stone could not see it that way.
+
+  "If this bill becomes a law," said General Stone, "we shall have to
+retrench somewhere."
+
+The bill didn't become a law, and the Fish and Game Commission was
+saved.
+
+But the most "unkindest cut of all" came when the Assembly attempted to
+break into that sacred Fish and Game Commission fund by way of
+resolution. The Assembly actually adopted a resolution calling for a
+Commission to be appointed by the Governor for the purpose of
+ascertaining the feasibility of dividing the State into game districts,
+and generously providing $5,000 out of the Fish Commission fund for that
+purpose. Naturally the agents of the Fish Commission were scandalized at
+this proposed reckless expenditure of moneys from their fund by somebody
+else. But they were powerless. The resolution went through.
+
+Rather late in the session the Assembly discovered that under the law it
+cannot "resolute" money out of any fund other than the Assembly
+contingent fund. The resolution was not, therefore, worth the paper it
+was printed on. Once again the sacred Fish Commission fund was saved.
+
+But the Assembly could switch money out of the fund by legislative
+enactment, and a bill covering the same ground as the resolution was
+introduced without delay.
+
+The measure passed the Assembly but did not reach the Senate until March
+22d, two days before adjournment. That was very late for such a measure,
+but a heroic effort was made to secure its passage.
+
+On Estudillo's motion, an attempt was made to suspend the State
+Constitution, declare the bill a matter of special urgency, and pass it
+forthwith. But the motion failed. Again did the Fish Commission escape a
+raid on its fund.
+
+Senator Walker and Assemblyman Rutherford introduced measures providing
+for a distribution of the fund with counties, which at any rate looked
+pretty good to the counties, although the agents of the Fish Commission
+were not pleased at all.
+
+The bills provided that one-half of the moneys collected from the sale
+of hunters' licenses, and on account of fines for infringement of the
+State game laws, should be paid to the counties in which collected, and
+the balance go to the Fish Commission fund.
+
+Walker's bill was introduced on January 8th. It went to the Senate
+Committee on Fish and Game and was never heard of after.
+
+Rutherford's bill was introduced on January 15th. It went to the
+Assembly Committee on Fish and Game. Like the Walker bill, the
+Rutherford bill was lost in committee oblivion.
+
+Such, from the standpoint of the more important bills to increase and to
+decrease the Fish Commission fund, was the record of fish and game
+legislation. The Fish and Game Commission - and its overgrown fund - is
+still with us. But it might have been infinitely worse. Bad little boys
+who play hookey from Sunday-school to go fishing, for example, might
+have - in addition to the other frightful penalties imposed on them -
+been compelled to pay a license tax of $1 for the privilege.
+
+
+
+[100] That the Fish and Game Committee would whitewash the Commission
+was recognized from the first. Even members of the machine who stand for
+genuine game protection objected to this committee making the
+investigation. When the motion was made to refer the resolution to this
+committee, Assemblyman Greer of Sacramento, took the floor to protest:
+
+"It is useless to refer the matter to the Committee on Fish and Game,"
+said Greer, "for we all know what that committee will do. We'll get no
+action there. Let it go to some committee that will give it
+consideration."
+
+[100a] The Fish and Game Commission was very bitter against Polsley and
+all who approved his course. Because of the incident, Game Warden Welch
+of Santa Cruz County lost his position. Welch was a county official,
+paid by the county. The Commission complained that he had written a
+letter to Polsley commending the Assemblyman for his effort to secure a
+report 'from the Commission. Santa Cruz County receives a monthly
+stipend from the Commission toward the support of the Brookdale
+hatchery. The writer is reliably informed that one of the Commissioners
+stated that the Commission would do nothing for Santa Cruz County so
+long as "that man Welch" remained in office. Welch was removed by the
+Supervisors. Welch has a national-wide reputation as a game warden, and
+such papers as the "Forest and Stream," New York, and "Sports Afield,"
+Chicago, have joined the California press in denunciation of his
+dismissal.
+
+As these pages are going through the press, word comes from Santa Cruz
+that Welch has been reinstated by Judge Lucas F. Smith of the Superior
+Court of Santa Cruz County.
+
+In summarizing his findings, Judge Smith holds that the local Board of
+Supervisors exceeded its legal power in declaring vacant the office of
+voluntary warden, which Welch held; exceeded its legal authority in
+removing Welch without specific charges being prepared, notice served on
+him and an opportunity given for a hearing.
+
+[101] All sorts of estimates have been made of the income that would
+have been enjoyed by the Fish and Game Commission, had this bill become
+a law. The lowest that the writer knows of, made by a disinterested
+person, places the increase at $50,000 a year.
+
+[102] Some of the commission's expense accounts on file with the State
+Controller are curiosities. For example, General Stone when he is on
+commission business taxes the fund $1 for breakfast, $1 for lunch, $1
+for dinner. It thus costs the Commission three annual hunter's licenses
+to feed General Stone for a day.
+
+
+
+Chapter XXV.
+
+The Rewarding of the Faithful.
+
+Senators and Assemblymen Whose Votes Were Cast Against Reform Measures
+Given State and Federal Positions in Some Instances, in Others Appointed
+to Holdover Committees or Sent on Trips at the Expense of the State.
+
+
+
+The machine has many ways of rewarding the faithful who persist until
+the end. The faithful member of Senate or Assembly may be rewarded by a
+Federal appointment (Senator Bates has just been graciously recognized
+in this way[102a]) or he may be given a State job (witness Senator Price
+or Assemblyman Beardslee) ; or he may be put on a legislative hold-over
+committee to investigate something, or to represent the State at
+something, or to prepare some kind of a bill to be introduced at the
+next session of the Legislature.
+
+This last is perhaps the most genteel method of reward. It entails
+little work, gives the beneficiary a certain distinction and pays very
+well.
+
+Nine Senators were rewarded in this way in the closing hours of the
+session of 1909. There might have been ten, but that prince of
+"bandwagon" Senators, Welch, had to be rewarded twice, so but nine got
+holdover committeeships. They are Wolfe, Welch, Wright, Willis, Leavitt,
+Bills (labeled Republicans), Kennedy, Hare and Curtin (labeled
+Democrats). The names of the nine are not unfamiliar. With the exception
+of that of Curtin, their votes during the session were consistently cast
+on the side of the machine. For them to be rewarded came as a matter of
+course.
+
+The machine will continue to reward such men until the people take the
+Legislature out of machine hands. But that is another story.
+
+The Legislative Holdover Committee is about as useless a thing as can be
+imagined. This is very well illustrated by the State's experience with
+the so-called Harbors Committee, appointed by the Legislature of 1907 to
+inquire into harbor conditions throughout the State.
+
+The committee consisted of three Senators and three Assemblymen. The
+Senators managed to incur expenses of $2,524.20. Assemblymen were more
+modest. Their expenses were only $1,851.80, making a total expense
+charge for the committee of $4,376.
+
+But the $4,376 covers the committee's expenses only, does not provide
+compensation for the committeemen. A bill appropriating $6,000 for that
+purpose was introduced at the session of 1909. This gave the
+committeemen $1,000 each for their services. It made the investigation
+cost the State $10,376[102b].
+
+The Harbors Committee - or somebody or something else, the writer is not
+sure which - prepared an elaborate report of the committee's findings.
+But owing to a surprising blunder that involved Senator Wolfe most
+curiously, the report was not filed until March 23, the day before the
+Legislature adjourned. The report was ordered printed in the journal,
+but it did not appear in the journal of the 23rd, which was circulated
+on the morning of the 24th. Instead, was a note to the effect that it
+would appear in the corrected journal. So, few knew that it had been
+filed at all, and it went unnoticed by the daily press.
+
+But the details of the report[102c] were known to the general public
+long before it was filed with the Senate, and its provisions made
+Senator Wolfe appear to exceptional disadvantage. Wolfe was a member of
+the Harbors Committee, as was Senator Wright. Among the recommendations
+set forth in the report as originally prepared, was one that forty-four
+blocks only of land be purchased by the State for the improvement of the
+San Francisco Harbor at Islais Creek, instead of the sixty-three blocks
+necessary for practical harbor development.
+
+Senator Wolfe was a warm advocate of the sixty-three block plan which is
+the only practical plan, by the way, and shows that Senator Wolfe can
+land on the right side of things occasionally. But it was very
+discouraging for Senator Wolfe to be confronted with the unfiled report
+of his own Harbors Committee, endorsed by his own signature as
+committeeman, in which the purchase of only forty-four blocks was urged.
+
+Senator Wolfe's defense was ingenious. He stated that he had signed the
+report as a matter of courtesy, not really knowing what it contained.
+The incident illustrates the value to the State of such legislative
+investigations.
+
+But in spite of the curious history of Wolfe's Harbors Committee, he was
+given another holdover committee in 1909. The Senate - on Wolfe's motion
+- adopted a resolution setting aside $5,000 to meet the expenses of a
+holdover committee to consist of three members to investigate the cause
+of recent advances in the cost of foodstuffs. Senators Wolfe, Welch and
+Hare are honored with the appointments. Lieutenant-Governor Porter
+appointed.
+
+Senator Wolfe, from the machine standpoint, certainly earned the
+distinction thus thrust upon him, and his share of the money. Senator
+Wolfe was not in good health during the session, but in spite of his
+indisposition he managed to be present in the Senate Chamber, where
+often, pale, haggard and plainly on the verge of breakdown, he fought
+valiantly against the reform measures which were aimed at the prestige
+of the State machine, and the domination of the tenderloin, the Southern
+Pacific Railroad, the racetrack gamblers and allied interests in State
+politics.
+
+Wolfe led the fight against the Walker-Otis Anti-Gambling bill, against
+the Local Option bill, against the effective Stetson Railroad Regulation
+bill, against the Direct Primary bill, against admitting Senator Bell of
+Pasadena to the Republican caucus, against the bill to prohibit the sale
+of intoxicants within a mile and a half of Stanford University, against
+the initiative amendment to the Constitution, against the amendment to
+the Constitution to correct ambiguities as to the powers and duties of
+the State Railroad Commission, and against Burnett's resolution for the
+investigation of the cause of the increase in freight rates and express
+charges. Senator Wolfe also led the fight for the passage of the Change
+of Venue bill.
+
+Curiously enough, Senator Wolfe's stock argument, used in most of the
+opposition to reform measures, was to the effect that if such measures
+became laws, the Republican party in California would be undermined.
+Senator Wolfe's argument had great weight with Republicans like Leavitt
+and Weed and Democrats like Hare and Kennedy. For the "good of the
+Republican party," these gentlemen generally voted as Senator Wolfe
+dictated.
+
+Senator Welch, the second member of the Pure Food Committee, is at least
+entitled to gracious consideration at the hands of the Wolfe-Leavitt
+element. Senator Welch was one of the twenty-seven Call-heralded heroes
+who defeated the Wolfe-Leavitt element in the first fight on the Direct
+Primary bill in the Senate. And Senator Welch was one of the seven
+heroes who "flopped" to the Wolfe-Leavitt side when the psychological
+moment came. Welch's one vote in the final struggle would have decided
+the Direct Primary fight for the side of the reform element. But when
+the reform element needed Welch he was found snugly quartered with Wolfe
+and Leavitt.
+
+Welch voted for the Walker-Otis bill, but he was one of the last members
+of the Senate to be counted for that measure. Indeed, Welch caught the
+rear of the bandwagon on that issue just in time.
+
+On railroad issues Welch's record is as good as the Southern Pacific
+Railroad could wish. He voted against the adoption of the practical
+absolute rate, and for the impracticable maximum rate; he voted for the
+ineffective Wright bill and against the effective Stetson bill. He voted
+against the Constitutional Amendment simplyfying the wording of the
+Constitution in those sections which prescribe the powers and duties of
+the Railroad Commissioners.
+
+So Senator Welch had his appointment to the Food Investigation Committee
+due him. He was also made member of the Legislative Committee to
+represent the State at the Alaska-Yukon Exposition, of which more later.
+Thus Senator Welch rounded out the session very satisfactorily to
+Senator Welch and to the machine, if not to the State of California.
+
+Senator Hare is down in the legislative records as a Democrat. He voted
+on most measures consistently under the lead of Wolfe and Leavitt. His
+appointment need not, therefore, cause surprise.
+
+When the Direct Primary bill was before the Senate Committee on Election
+Laws, Hare's vote was with those of Wolfe and Leavitt to make the
+measure as ineffective as possible. Hare was among the thirteen
+unworthies who voted against the measure when the first fight was made
+for it on the floor of the Senate; he was among the twenty who finally,
+under Wolfe's leadership, held the measure up in the Senate until by
+trick it could be amended to the machine's liking. Hare was one of the
+seven Senators who voted against the Walker-Otis Anti-Gambling bill. He
+was one of those who voted for the passage of the Change of Venue bill.
+
+On railroad measures Hare voted against the Stetson bill and for the
+Wright bill, against the absolute rate and for the maximum rate. He
+voted against the amendment to the Constitution to clear up the alleged
+ambiguity regarding the powers and duties of the Railroad Commissioners.
+
+Lack of space prevents continuance of the review of Hare's votes. But
+enough has been said to show that this "Democrat" was entitled to the
+honor at the hands of the Performer, Republican Lieutenant Governor
+Warren Porter, of appointment to the Holdover Committee which, under the
+leadership of Senator Eddie Wolfe, will investigate the cause of the
+increase in the price of foodstuffs.
+
+But a far more desirable appointment was to the committee which is to
+represent the State at the Alaska-Yukon Pacific Exposition. By
+concurrent resolution the Senate and Assembly decided that seven
+Senators, seven Assemblymen, one Lieutenant Governor (Warren Porter) and
+one Governor (Gillett) should attend the exposition at the State's
+expense. For this purpose $7,000 of the State's money has been provided.
+
+The seven Senators appointed by Performer Porter are Wright, Willis,
+Welch, Leavitt, Bills, Kennedy, Curtin.
+
+The seven Assemblymen appointed by Speaker Stanton are Transue,
+Beardslee, Leeds, Hewitt, McManus, McClellan and Schimtt.
+
+The records of the Senators thus honored show them worthy the machine's
+consideration. Their votes on the banner measures before the Legislature
+last winter were as follows:
+
+Against the Walker-Otis bill, to prohibit poolselling and bookmaking
+(Anti-Gambling bill)  - Leavitt - 1.
+
+For the Walker-Otis bill-Bills, Curtin, Kennedy, Willis, Welch, Wright -
+6.
+
+Only seven Senators voted against the Walker-Otis bill. Of the seven
+Leavitt is given the Alaska trip; Wolfe and Hare are put on the Food
+Investigation Committee. Thus of nine Senators who got on holdover
+committees three were among the seven who voted in the interest of the
+gambling element.
+
+The records made by the State Senators who will attend the exposition at
+the State's expense in the Direct Primary fight are quite as suggestive.
+When the first attempt was made in the Senate to force the machine
+amendments into the bill, February 18, the seven Senators voted as
+follows:
+
+For the machine's amendments - Bills, Kennedy, Leavitt, Willis.
+
+Against the machine's amendments - Curtin, Welch, Wright.
+
+Thirteen Senators on February 18 voted for the machine's amendments. Of
+their number Hare and Wolfe are on the Food Investigation Committee;
+Bills, Kennedy, Leavitt and Willis are to attend the exposition at the
+State's expense. Thus six of the thirteen have been rewarded.
+
+The machine, having failed to amend the Direct Primary bill in the
+Senate, amended it in the Assembly. When the measure was returned to the
+Senate, six of the seven Senators who will attend the exposition voted
+to concur in the Assembly amendments. They were, Bills, Kennedy,
+Leavitt, Welch, Willis and Wright. Only one of the seven voted against
+the machine amendments, Curtin.
+
+The records of the seven favored, trip-taking Senators on railroad
+regulation measures are as follows:
+
+For the Wright bill, against the Stetson bill; for the maximum rate,
+against the absolute rate - Leavitt, Welch, Willis, Wright, Bills,
+Kennedy - 6.
+
+Against the Wright bill, for the Stetson bill, against the maximum rate,
+for the absolute rate - Curtin - 1.
+
+Against the constitutional amendment to make clear the powers and duties
+of Railroad Commissioners - Bills, Kennedy, Leavitt, Welch, Willis - 5.
+
+For the amendment - Curtin, Wright - 2.
+
+Against the Burnett resolution calling for an investigation of the cause
+for an increase in freight rates - Bills, Kennedy, Leavitt, Willis,
+Wright - 5.
+
+For the resolution - 0.
+
+Absent or not voting - Curtin, Welch - 2.
+
+The records of the seven on the Local Option bill and the Change of
+Venue bill are:
+
+Against Local Option - Leavitt, Welch, Willis, Bills, Curtin, Kennedy -
+6.
+
+For Local Option - Wright - 1.
+
+For the Change of Venue bill - Bills, Leavitt, Welch, Willis, Wright -
+5.
+
+Against the Change of Venue bill - Curtin, Kennedy - 2.
+
+Kennedy, to be sure, voted against the Change of Venue bill when that
+measure passed the Senate. But Senator Kennedy was unaccountably absent
+the next morning when the Change of Venue bill was taken up on a motion
+for reconsideration. Because of Kennedy's absence, the motion to
+reconsider the measure was lost, and its defeat prevented. Senator
+Kennedy is scarcely entitled to credit for being recorded on the right
+side of this measure.
+
+Nine Senators are included in the two hold-over committees which are
+under consideration. As Wolfe and Hare invariably voted with Leavitt, it
+will be seen that eight of the nine voted against the Stetson bill and
+for the Wright bill; seven of the nine voted against the Constitutional
+amendment to make plain the constitutional powers and duties of the
+Railroad Commissioners; seven of the nine voted against investigating
+the cause of increase in freight and express rates to the Pacific Coast;
+eight of the nine voted against local option; seven voted for the Change
+of Venue bill, and one of the two others as good as voted for it,
+although on record against the measure.
+
+As Republican Senators Bell, Birdsall, Black, Boynton, Cutten,
+Roseberry, Rush, Stetson, Strobridge and Thompson, who were invariably
+on the right side of things, look upon the records of the "Democrats"
+and "Republicans" included among the nine favored receivers of plums,
+they can scarcely be blamed for demanding with the discouraged little
+boy - What's the use of being good, anyhow?
+
+And as the Democratic Senators, Caminetti, Campbell, Cartwright,
+Holohan, Miller and Sanford, who worked with the anti-machine
+Republicans for the passage of good laws and the defeat of bad ones look
+upon the favored Hare and Kennedy they cannot be blamed if the same
+question occurs to them also.
+
+The indications are that the Senators who were thus overlooked will have
+"to wait for theirs," until The People of California, and not the
+machine, award the prizes for faithful public service.
+
+Of the seven Assemblymen who will attend the Alaska-Yukon Exposition,
+one, Hewitt, voted against the machine on every important issue that
+came up. The other six are a spotted lot.
+
+The six - Beardslee, Leeds, McManus, McClellan, Schmitt and Transue -
+voted for the famous "gag rules" which the Assembly rejected by a vote
+of 41 to 32. Indeed, Beardslee and Transue were on the Committee on
+Rules which the Assembly, when it rejected the Committee's rules,
+repudiated.
+
+In the fight for the passage of the Walker-Otis Anti-Gambling bill, two
+of the six, Leeds and Transue, managed to keep their records straight.
+On the six roll-calls taken on the measure before it passed the
+Assembly, Beardslee voted five times against the bill and once for it;
+McManus voted six times against it; Schmitt voted five times against it,
+on one roll-call he did not vote; while McClellan voted four times for
+it and twice against.
+
+Five of the six, Beardslee, Leeds, McManus, McClellan and Schmitt voted
+against forcing out of the Committee on Federal Relations the Sanford
+resolution, which called for a government line of steamers from Panama
+to San Francisco. The five voted for the Johnson amendments to the
+resolutions, which cut out all criticizing reference to the
+rate-boosting combinations between the great transportation companies.
+Transue was absent when the vote to force the resolution out of
+committee was taken. But he was present to vote for the Johnson
+amendments.
+
+Five of the six, Leeds, McManus, McClellan, Schmitt and Transue, voted
+for the machine amendments to the Direct Primary bill, which were read
+into that measure in the Assembly, and which resulted in the Senate
+deadlock over the measure. Beardslee voted against the amendments.
+
+Five of the six - Beardslee, Leeds, McManus, McClellan and Transue -
+voted against the Holohan bill to remove the party circle from the
+election ballot. Schmitt did not vote on this measure.
+
+Assemblyman Hewitt will, at the Alaska-Yukon, find himself in
+distinguished company. From the Wolfe-Leavitt-Johnson standpoint, he is
+the only one of his associates who cannot be said to have earned the
+preferment thrust upon him.
+
+
+
+[102a] As these forms are going through the press, word comes that
+Senator Willis has been made Assistant United States District Attorney
+at Los Angeles. See Willis' record, Table "A" of the appendix.
+
+[102b] The State Constitution provides no method of compensation for
+such services. The providing of this compensation, therefore, becomes a
+matter of great delicacy. It is done, under a decision of the Supreme
+Court that that tribunal cannot go back of a legislative Act, but must
+abide by the wording of the Act. The appropriation bills to compensate
+the members for their services on hold-over Committees are worded to
+meet the opinion of the courts. The money is invariably appropriated "to
+pay the claim of," etc. The Legislature is, according to the courts, the
+sole Judge of whether the alleged claim is a claim and not a petition
+for a gift. The "to -pay- the-claim-of" bills never fail to pull down
+the money.
+
+[102c] The report as originally drawn, and as it was signed by Senator
+Wolfe and his associates.
+
+
+
+Chapter XXVI.
+
+The Holdover Senators.
+
+Eleven of Them May Be Counted Upon to Vote Against the Machine at the
+Session of 1911, Two Are Doubtful, One Will Probably Vote with the
+Majority, While Six May Be Counted Upon to Support Machine Policies.
+
+
+
+Twenty of the 120 members who sat in the Legislature of 1909 - half of
+the forty Senators - hold over and will serve in the Legislature of
+1911. The twenty constitute the strength with which the machine and the
+anti-machine forces will enter the field in the struggle for control of
+the Legislature two years hence.
+
+The machine has, long before this, taken stock of those twenty holdover
+Senators. Machine agents unquestionably know what the holdover members
+owe and to whom indebted; know their family history; know the church to
+which they belong, their lodges, their likes, their dislikes and their
+prejudices; know how they can be "reached" if vulnerable; know how they
+can be "kept in line" if already tarred with the machine brush.
+
+But the plain citizen, not within the charmed circle of machine
+protection, is not concerning himself much about these holdovers. He
+scarcely knows their names. It is safe to say that not 2 per cent of the
+voters of California could off-hand name the twenty holdover members of
+the Upper House of the Legislature.
+
+In other words, the machine is posted, and the citizen is not. And here
+is the secret of much of the machine's success. In its campaign for
+control of affairs, the machine knows to a nicety just what to expect
+from men in public life; the plain citizen is without such information.
+
+In the Appendix will be found a table, "Table H," showing the votes of
+the twenty holdover Senators on sixteen roll calls. Representative
+citizens, all standing for good government, may differ as to the
+desirability or undesirability of several of the measures included in
+the list. But by and large the average normal citizen will hold that
+certain of the sixteen measures are desirable and others undesirable.
+Thus all would probably agree that the Change of Venue bill is
+undesirable legislation, and declare the Walker-Otis Anti-Racetrack
+Gambling measure to be desirable, although they might honestly differ on
+the Local Option bill.
+
+On the sixteen roll calls the twenty holdover Senators cast 283 votes.
+Of the 283, 164 are recorded against what the normal citizen would
+regard as bad measures, or for what the normal citizen would regard as
+good measures. In other words, speaking broadly, 164 of the 283 votes
+were cast against machine policies. Only 119 were cast with the machine.
+In other words, over the whole session, on what may be fairly considered
+the most important roll calls taken in the Senate, the holdover Senators
+cast 164 votes against the machine and only 119 votes for the machine.
+This isn't a bad showing to start with.
+
+The showing is strengthened by the fact that ninety-two of the 119
+machine votes were cast by eight Senators, Finn, Wolfe, Bills,
+Martinelli, Hurd, Hare, Lewis and Welch. Senator Finn of San Francisco
+heads the list with fifteen of these negative votes. On one occasion
+Senator Finn didn't vote. After Finn comes Wolfe, also from San
+Francisco, with thirteen of the ninety-two negative or machine votes to
+his credit or his discredit; Bills of Sacramento and Martinelli of Marin
+follow with twelve each; Hurd of Los Angeles with eleven; Hare of San
+Francisco and Lewis of San Joaquin with ten each, and Welch of San
+Francisco with nine.
+
+This leaves twenty-seven machine votes to be divided among twelve of the
+holdover Senators, about two votes on an average each.
+
+Burnett is credited with seven of the twenty-seven, which reduces the
+number to twenty for eleven Senators. Of the twenty votes, seven were
+cast in the two ballots taken on the Local Option issue, again the bill;
+and eight were cast in two ballots against the Holohan bill to remove
+the party circle from the election ballot.
+
+Thus, excluding the votes on local option, and on the Party Circle bill,
+on twelve important ballots, eleven of the holdover Senators cast only
+five votes for machine policies.
+
+The eleven are Birdsall, Campbell, Cutten, Estudillo, Holohan,
+Roseberry, Rush, Stetson, Strobridge, Thompson and Walker.
+
+These eleven Senators, as judged by their performances at the session
+just closed, may be depended upon to vote for good bills and against bad
+ones at the session of 1911.
+
+To this list should be added the name of Burnett. Burnett got off wrong
+on the Stetson Railroad Regulation bill, and managed to land with the
+Wolfe element in the direct primary fight. But there is good reason to
+believe that Burnett was very sick of his company before the session
+closed. The probabilities are that Senator Burnett feels more at home
+with Senators Stetson, Strobridge, Thompson and Cutten than with Hare,
+Finn and Wolfe.
+
+Senator Hurd is another holdover who started out very well, but went
+badly astray after the vote on the Railroad Regulation bills. Like
+Burnett, Hurd showed signs toward the end of the session of feeling
+himself in uncongenial company. There is reason to believe that Hurd at
+the next session will be found voting with the
+Thompson-Stetson-Strobridge element.
+
+Senator Welch will be found voting with the majority. This reduces the
+number of holdover Senators who can be counted upon to accept Wolfe's
+leadership, machine Senators, if you like, to six. The line-up of the
+twenty holdovers, then, would on this basis be as follows:
+
+Anti-machine - Birdsall, Cutten, Estudillo, Roseberry, Rush, Stetson,
+Strobridge, Thompson, Walker (Republicans), Campbell, Holohan
+(Democrats) - 11.
+
+Doubtful - Burnett, Hurd (Republicans)  - 2.
+
+With the majority - Welch (Republican) - 1.
+
+Machine - Bills, Finn, Lewis[103], Martinelli, Wolfe (Republicans), Hare
+(Democrat) - 6.
+
+On this basis the anti-machine element will start with all the advantage
+in the struggle for control of the Senate in 1911. If Burnett and Hurd
+vote with the eleven anti-machine Senators, it will be necessary to
+elect only eight anti-machine Senators that the reform element may
+control the Senate. This will mean twenty-two votes for the reform
+element, for Welch, if he is to be judged by past performances, will be
+found with the majority.
+
+ From present indications, four important fights will be made at the
+Legislative session of 1911.
+
+(1) To pass an effective railroad regulation measure and to amend those
+sections of the State Constitution which prescribe the duties and powers
+of the Railroad Commissioners.
+
+(2) To amend the Direct Primary law passed at the session just closed to
+meet with the popular demand for an effective measure.
+
+(3) To grant local option to the counties.
+
+(4) To adopt an amendment to the State Constitution granting the
+initiative to the electors of the State.
+
+Significantly enough, the line-up of the holdover Senators in the Direct
+Primary deadlock of the last session was nine to eleven, the eleven
+Senators who divide but five machine votes between them standing out
+against Wolfe and Leavitt for an effective provision for the selection
+of United States Senators by State-wide vote, while the six machine
+Senators, the "bandwagon" Senator and the two doubtfuls, voted with
+Wolfe and Leavitt.
+
+But the probabilities are that in the event of the anti-machine element
+controlling the Senate of 1911, Burnett, Hurd, Lewis, Martinelli and
+Welch would join with the reform forces to make necessary amendments to
+the measure. When the Direct Primary bill was first before the Senate,
+these five Senators united with the Good Government forces and assisted
+in defeating the machine's amendment. When the bill was amended in the
+Assembly, however, the five flopped to the machine side. Indeed, only
+four of the twenty holdover Senators voted for the machine's amendments
+to the Direct Primary bill when the measure was first passed upon by the
+Senate. They were Bills, Finn, Hare and Wolfe.
+
+The holdover Senators made their poorest showing on the railroad
+measures. When the test came on the Stetson bill the twenty holdovers
+split even, ten being for the effective Stetson bill, ten for the
+ineffective Wright bill. The line-up was as follows:
+
+For the Stetson bill - Birdsall, Campbell, Cutten, Holohan, Lewis,
+Roseberry, Rush, Stetson, Strobridge, Thompson - 10.
+
+For the Wright bill - Bills, Burnett, Estudillo, Finn, Hare, Hurd,
+Martinelli, Walker, Welch, Wolfe - 10.
+
+Lewis, who usually voted with the performers, voted for the Stetson
+bill. But the reform forces lost two votes, those of Walker and
+Estudillo. On another vote on the same issue, however, Burnett,
+Estudillo and Walker would probably be found with the anti-machine
+forces supporting an effective measure. This would make the vote of the
+holdover Senators, thirteen for effective railroad regulation, and seven
+for a measure of the Wright law variety.
+
+The holdovers made a good showing on the Initiative amendment, eleven
+voting for it and five against it, four not voting at all. The vote was
+as follows:
+
+For the Initiative - Birdsall, Campbell, Cutten, Estudillo, Hare,
+Roseberry, Rush, Stetson, Thompson, Walker, Welch - 11.
+
+Against the Initiative - Bills, Hurd, Lewis, Martinelli, Wolfe - 5.
+
+Not voting - Burnett, Finn, Holohan, Strobridge - 4.
+
+Of the four who did not vote, three, Burnett, Holohan and Strobridge,
+would have voted for the amendment. Finn would probably have voted
+against it. This would have made the vote fourteen to six in the
+amendment's favor. It will be seen that those who would have the
+initiative granted the people, have a good start for the next session.
+
+The outlook for local option is not so reassuring. Of the holdover
+Senators who ordinarily were for measures which give the people a voice
+in the management of public affairs, Birdsall, Holohan, Rush and
+Strobridge were unalterably opposed to the local option idea. The six
+machine Senators, of course, opposed it, which with the votes of
+Burnett, Welch and Hurd placed thirteen of the twenty holdover Senators
+against the measure.
+
+Six of the holdovers voted for the Local Option bill - Campbell, Cutten,
+Estudillo, Roseberry, Thompson and Walker.
+
+Stetson was absent and did not vote. He, however, favored the bill. His
+vote would have made it 13 to 7. Thus on the vote on their bill at the
+last session, the local option forces have seven of the holdover
+Senators with them, and thirteen against.
+
+On the other hand, seventeen of the holdover Senators voted for the
+Walker-Otis Anti-Racetrack Gambling bill, while only three, Finn, Hare
+and Wolfe, voted against it. Thus on the moral issue, as well as the
+political and the industrial, the anti-machine element is stronger in
+the holdover delegation in the Senate than is the machine. It rests with
+the good citizenship of California to maintain its advantage by electing
+to the Senate in 1910, men who will stand with the majority of the
+holdover members for the passage of good and the defeat of vicious
+measures.
+
+
+
+[103] Lewis voted with the anti-machine element in the Railroad
+Regulation fight, one of the most severe tests of the session. Persons
+who know Lewis well stated that he will, if the anti-machine forces be
+effectively organized at the session of 1911, be found against the
+machine. It is "up to Senator Lewis."
+
+
+
+Chapter XXVII.
+
+The Retiring Senators.
+
+Of the Twenty Whose Terms of Office Will Have Expired, the Machine Loses
+Eleven, the Anti-Machine Element Seven - Two Who Voted With the Machine
+on Occasion Were Usually on the Side of Good Government.
+
+
+
+Twenty of the forty Senators who sat in the Legislature of 1909, must,
+if they sit in the Legislature of 1911, be re-elected at the general
+elections in November 1910. They are: Senators Anthony of San Francisco,
+Bates of Alameda, Bell of Pasadena, Black of Santa Clara, Boynton of
+Yuba, Caminetti of Amador, Cartwright of Fresno, Curtin of Tuolumne,
+Hartman of San Francisco, Kennedy of San Francisco, Leavitt of Alameda,
+McCartney of Los Angeles, Miller of Kern, Price of Sonoma, Reily of San
+Francisco, Sanford of Mendocino, Savage of Los Angeles, Weed of
+Siskiyou, Willis of San Bernardino and Wright of San Diego.
+
+By consulting Table A of the Appendix, it will be seen that on sixteen
+roll calls the forty members of the Senate of 1909 voted 570 times. Of
+the 570 votes 311 were cast against what are regarded as machine
+policies; 259 for such policies. Of the 311 anti-machine votes, 164 were
+cast by holdover Senators, and were considered in the last chapter,
+while 147 were cast by Senators whose successors will be elected in
+1910. Thus it will be seen, that on this basis, more desirable Senators
+will hold over than those whose terms of office will have expired before
+the next Legislature convenes.
+
+On the basis of the machine votes the result is as satisfactory. On the
+sixteen roll calls, 259 machine votes were cast. Of these 140 were cast
+by the retiring Senators, and only 119 by those who will hold over, and
+who will sit in the Legislature of 1911. So, on the whole, the machine
+loses and the people gain in the retirement of the twenty Senators.
+
+In point of numbers the result is as satisfactory. The machine will lose
+eleven Senators: Bates, Hartman, Kennedy, Leavitt, McCartney, Price,
+Reily, Savage, Weed, Willis and Wright; while the anti-machine forces
+will lose only seven who can be counted constantly for reform policies:
+Bell, Black, Boynton, Caminetti, Cartwright, Miller and Sanford.
+
+This leaves only Anthony and Curtin to be accounted for. Both these men
+stood out against the machine's amendments to the Direct Primary bill,
+Anthony in particular standing against the severest pressure that could
+be brought to compel him to vote against the interests of his
+constituents and of the State. But Anthony could not be moved. On the
+railroad measures, however, Anthony voted with the machine. But he voted
+for the Walker-Otis bill, and, generally speaking, for all measures
+which made for political reforms. With any sort of organization of the
+reform forces, Anthony could be counted upon as safe for reform. His
+record on the Direct Primary bill certainly entitles him to the highest
+consideration.
+
+Curtin also was as a general thing with the reform element. He voted,
+however, against the bill to do away with the party circle and he voted
+against the Local Option bill, but in so doing he merely followed the
+lead of such men as Birdsall, who, while out and out against the
+machine, were at the same time against local option and lukewarm on
+ballot reform. Birdsall, however, finally voted for the bill to remove
+the party circle from the election ballot, although he had on the first
+ballot voted against the bill. Curtin did not, however, change his vote.
+But Curtin did vote against the Initiative Amendment. On the other hand,
+Curtin's record on the Direct Primary bill, on the Railroad Regulation
+bills, and on the Anti-Gambling bill is all that could be desired.
+
+While the retirement of all the Senators who do not hold over would
+strengthen the reform element in the Senate, nevertheless the State can
+ill afford to lose the services of the seven who stood out so valiantly
+against machine policies. Senator Bell heads the list, with Caminetti,
+Black, Boynton and Sanford close seconds.
+
+Senator Bell not only made the best record made in the Senate of 1909,
+but he made the best record of the Senate of 1907. Conscientious, fully
+awake to the responsibilities of his position, alive to the tricks of
+the machine leaders, in constant attendance, Senator Bell proved himself
+during the two sessions that he has served in the Senate, a power for
+good government. His absence from the session of 1911 would be a loss to
+the State.
+
+Senators Black and Boynton at the session of 1909 made records quite as
+good as that made by Senator Bell. On the sixteen roll calls taken as
+tests of the standing of the several Senators, Black voted but once
+against reform policies. On the first ballot on the Party Circle bill he
+voted against the measure, but the day following, corrected his mistake
+by voting for the measure. Boynton voted to return the Local Option bill
+to the Judiciary Committee, but at the final test his vote was recorded
+for the bill[103a]. Thus neither of the two Senators can be said to have
+voted with the machine even on comparatively unimportant issues.
+
+Senator Caminetti probably gave the machine more worry during the
+session than any other one Senator. Caminetti has, a way of saying out
+loud what his anti-machine associates are thinking, which is not at all
+popular with the machine. True to principle, he, a Democrat, voted for
+United States Senator Perkins because, from Caminetti's view-point, no
+other candidate came so near to being the popular choice of the people
+as Perkins, and Caminetti holds that the people and not the Legislature
+should select the United States Senator. The machine was glad of
+Caminetti's vote for Perkins, but was not at all pleased with the
+departure of a Democrat voting for a Republican. Caminetti's course
+continued in by all the members of the Legislature, and the machine
+would lose its monopoly of Federal Senator-making.
+
+Caminetti's record is admirable. To be sure, he opposed Local Option,
+but he fought as few others fought for an effective Direct Primary law,
+for effective railroad regulation, in fact for practically all the
+reform policies which the anti-machine forces advocated and the machine
+opposed. Senator Sanford also voted for and worked for reform policies.
+Like Caminetti, however, he opposed the Local Option bill and voted
+against it. Senator Miller, on the other hand, supported the Local
+Option bill, but slipped more seriously than did either Caminetti or
+Sanford, by voting with the machine Senators against the Initiative
+amendment. Miller's work for effective railroad regulation and for an
+effective Direct Primary law, won him the deserved admiration and
+confidence of the better element of the Legislature. Senator Cartwright
+voted but twelve times on the sixteen roll calls, but the twelve
+included the votes on the Direct Primary issues, on railroad regulation,
+and on all the moral issues considered. And each time, Senator
+Cartwright's vote was cast on the side of good government.
+
+On the other side, the machine side, Senator Bates distinguished himself
+but once during the session. It was Senator Bates who, to oblige a
+friend, had the notorious Change of Venue bill placed on the Special
+Urgency File, thus making the passage of the bill possible. Senator
+Bates' vote and influence - such as it was - were thrown in the balance
+against giving the people of California a State-wide vote - the only
+practical vote - for United States Senators. He voted against the
+effective Stetson bill; he voted for the ineffective Railroad Regulation
+bill. In fact, aside from the Walker-Otis bill, Bates was on the machine
+side of practically every issue[104].
+
+Senator Hartman was during the session a mere machine vote. He was
+always on hand, always voted, and voted with the machine. It was Senator
+Hartman who named an employee of the notorious Sausalito gambling rooms
+for an important committee clerkship. So far as the writer can recall,
+Hartman made but two speeches during the session; one against the
+Walker-Otis Anti-Gambling bill, one against the Islais Creek Harbor
+bill, the passage of which meant so much for San Francisco, the city, by
+the way, responsible for Hartman's presence at Sacramento.
+
+On the sixteen roll calls under consideration, Hartman voted sixteen
+times for machine policies. As a vote, Hartman is a valuable machine
+asset; otherwise a nonentity.
+
+Those who have read the previous chapters have already formed their
+opinion of the advisability of returning to the Senate, Kennedy, the
+hero of the passage of the Change of Venue bill; McCartney, the author
+of the famous amendment to the Direct Primary bill; Weed, who introduced
+the resolution to drag Senator Black from his sick bed at Palo Alto;
+Reily, who with Senator Hartman, alone of all the Senate stood out
+against the passage of the Islais Creek Harbor bills; Willis, who as
+Chairman of the Judiciary Committee, backed such measures as the Change
+of Venue bill, and opposed such measures as the Commonwealth Club bills;
+Savage, who in committee and out of it, opposed the State-wide vote plan
+for nominating United States Senators, and Senator Price.
+
+Price did not distinguish himself particularly. On the sixteen roll
+calls included in Table A, his vote was recorded against the machine as
+many as four times. But there were ten Senators who did even worse.
+However, a story of the closing days of the session is quite
+characteristic of Senator Price.
+
+An important roll call was on - if the writer remembers correctly, it
+was on Burnett's motion to continue the investigation into the causes of
+the increase of freight and express rates. Price was present, but did
+not answer to the call of his name. The advocates of the resolution
+insisted that all vote, and demanded a call of the Senate. The doors
+were ordered closed, at which order Price made a run for the door.
+Caminetti saw the move, understood it and started to intercept the
+fleeing Senator. But if Caminetti were quick, Price was quicker.
+Caminetti missed his grab at Price, and so chased that gentleman to the
+door of the Senate chamber. The assistant Sergeant-at-Arms at the door
+was just swinging it closed as Price shot through. The determined
+Caminetti made a last grab at Price's coattails, but too late. The
+massive doors banged closed, with Price, coattails and all, on the
+outside, and the balked Caminetti on the inside. Price didn't vote on
+that roll call.
+
+The failure to return Leavitt to the Senate will be a decided loss for
+the machine, one hard to offset. Next to Wolfe, Leavitt was by far the
+ablest floor leader in the Senate. The brute force of the man, his
+grossness, his indifference to public opinion, made him an ideal
+machine leader. Leavitt's return from Alameda seems extremely doubtful.
+His district takes in the notorious gambling community, Emeryville,
+which will be purged of the thug element that has dominated it, by the
+enforcement of the Walker-Otis law. With the loss of this portion of
+his constituency, Senator Leavitt's chance of re-election from
+Emeryville appears slim indeed.
+
+But, according to rather persistent rumor, Senator Leavitt may be
+returned to the Senate, not from Alameda, but from the Siskiyou-Shasta
+District, the district represented by Weed. Leavitt has property up
+there, and the story runs that he will be a candidate from that part of
+the State. The voters of Shasta and Siskiyou, however, may conclude that
+they have something to say about it.
+
+Senator Wright, the last of the Senators whose terms will have expired
+before the next session of the Legislature convenes, is being mentioned
+as a "reform candidate" for Governor. The idea seems to be that he will
+run on his record made at the session of 1909. If this be true, he may
+not be a candidate for re-election to the Senate. Senator Wright's
+record as a State Senator has already been treated at length.
+
+
+
+[103a] Senator Boynton was a consistent supporter of the Local Option
+bill from the beginning to the end of the session. He held, however,
+that the bill as originally drawn was not in proper form, and explained
+that he voted to have the bill returned to the committee that
+amendments, which he deemed necessary, could be made.
+
+[104] Since the Legislature adjourned Senator Bates has been given a
+lucrative position in the United States Mint.
+
+
+
+Chapter XXVIII.
+
+Conclusion.
+
+Events of the Session of 1909 Show That Before Any Effective Reform Can
+Be Brought About in California, Good Government Republicans and
+Democrats Must Unite to Organize Senate and Assembly - Appointment of
+Senate Committees May Be Taken Out of the Hands of the
+Lieutenant-Governor.
+
+
+
+In the opening chapter it was stated that the machine element in the
+Legislature of 1909, although in the minority, defeated the purposes of
+the reform majority, because of three principal reasons:
+
+(1) The reform element was without organization.
+
+(2) The reform members had, except in the anti-racetrack gambling fight,
+no definite plan of action.
+
+(3) The reform members of both Houses permitted the machine to name
+presiding officers and appoint committees.
+
+This third reason must appeal to those who have read the foregoing pages
+as the most important of all. The story of every machine success, in
+face of opposition, is that of advantage gained through the moral
+support given by the presiding officers[105], or of co-operation of
+committees, or of both. But, unfortunately, a stupid partisanship - a
+partisanship which the machine finds far more potent than bribe money -
+makes this cause of machine success more difficult to overcome than
+either of the others. Already a movement is on foot, the details of
+which the writer is not at liberty to make public, that will unite the
+reform element of the next Legislature into a working body, from the day
+nominations are made. Steps to this end were taken before the last
+Legislature adjourned. In the same way, the work of bringing reform
+issues before the public - reform of the ballot laws, amendment of the
+Direct Primary law, the simplification of the mode of criminal procedure
+- is being taken up in the same effective, commonsense way as was the
+Anti-Racetrack Gambling bill. But here the progress of the commonsense
+element of machine opposition seems to halt. In spite of their
+experience of the last session, Democrats and Republicans who stand for
+good government hesitate at the suggestion of non-partisan organization
+of Senate and Assembly. The writer has shown in the foregoing chapters
+that the machine Republicans and the machine Democrats were for
+practical purposes a unit in the organization of the Legislature of
+1909. Why, then, should not the anti-machine Republicans and the
+anti-machine Democrats unite for purposes of organization, just as they
+united, at the session of 1909, to oppose vicious measures and to work
+for the passage of good bills? That is a question which has never been
+satisfactorily answered. It leads us, however, to the question of the
+real line of division in Senate and Assembly, and, for that matter, in
+State politics[106].
+
+That the real division is no longer between political parties, or even
+between party factions, is apparent to the observer who has given the
+question any attention at all.
+
+Not once, for example, did the California Legislature of 1909 divide on
+a party question; nor did it have to deal with any problem that had not
+at one time or another been endorsed by both parties. Both Democrats and
+Republicans in either State or county platforms had declared for the
+passage of an Anti-Racetrack Gambling law, for an effective Direct
+Primary law, for an effective Railroad Regulation law, for the
+submission to the people of a Constitutional Amendment granting the
+people the privilege of initiating laws. In the same way, county
+conventions of both parties - and county conventions are the closest to
+the people and most representative of them - had declared for local
+option, for the election of United States Senators by direct vote of the
+people, for amendments to the codes that should simplify proceedings in
+criminal cases, for effective railroad regulation. Estimating the
+purposes of the two parties by their county and State platforms, none of
+these reforms can be regarded as any more Democratic than Republican,
+and these were the issues with which the Legislature of 1909 was called
+upon to deal.
+
+A glance at the tables of votes in the appendix will show that the
+Assemblymen and the Senators who voted against the Anti-Racetrack
+Gambling bill, generally speaking, voted against the effective Stetson
+Railroad Regulation bill and for the ineffective Wright bill, opposed
+the provision in the Direct Primary bill giving the people an effective
+part in the selection of United States Senators, supported the passage
+of the Change of Venue bill, opposed the passage of the Local Option
+bill, opposed the submission of the Initiative amendment to the electors
+of the State. This negative element, opposed to policies which the
+normal citizen regards as making for the State's best interests, has in
+these pages been called the machine[107].
+
+As has been shown in these pages, the interests of the several
+beneficiaries of the system are in effect pooled; one element helps the
+other. The managers of the several elements, the political agents, if
+you like, of the tenderloin, Southern Pacific, racetrack, and
+public-service monopolies generally; in a word, all who seek to evade
+the law or to secure undue special privileges or to continue secure in
+the possession of such privileges already secured, recognize that they
+must hang together or submit to a reckoning with the public, which must
+necessarily result in the breaking of the particular monopoly which each
+enjoys, be it in transportation, nickel-in-the-slot graft, or traffic in
+the bodies of young women. Should the political bureau of the Southern
+Pacific Railroad Company, for example, lose the support of the
+tenderloin, or of the racetrack gamblers, or of any other powerful group
+of its political associates, the corporation could no longer continue
+its strangle-hold upon the State. But none of its associates would dare
+thus offend. Such is the machine, which, in the name of a protective
+tariff, "sound money," Abraham Lincoln, or Theodore Roosevelt, has
+organized the Legislature of California for sixteen years. Previous to
+1895, there were California Legislatures organized in the name of Thomas
+Jefferson. But the machine has not taken the name of Thomas Jefferson in
+vain in California for many years[108].
+
+Nevertheless, although acting under the name Republican, the machine is
+quite as dependent upon "Democrats" as upon "Republicans," and as
+dependent upon either as upon the tenderloin, the brewery trust or the
+racetrack gambling element. It monopolizes neither party, but it divides
+both parties. Or it may be described as a canker that has eaten into
+both, diseased both, rendered both unwholesome, until a condition exists
+in the dominating parties that requires that the uncorrupted element of
+both unite to cut the diseased portion away[109].
+
+As the machine divides the parties, so did it divide the Republican and
+Democratic delegations in the Senate and the Assembly of the California
+Legislature of 1909. Hare and Kennedy, for example, Democratic Senators,
+voted constantly with Wolfe and Leavitt, Republican Senators, for
+machine policies. Nor was the opposition restricted to party lines.
+Black and Boynton and Cutten, Republican Senators, were found voting
+constantly with Campbell and Holohan, Democratic Senators, against the
+machine. Between Black and Wolfe, Republicans, there was nothing in
+common during the entire session; nor was there anything in common
+between Campbell and Kennedy, Democrats. On practically every important
+issue, however, Kennedy, Democrat, and Wolfe, Republican, made common
+cause, while Black, Republican, and Campbell, Democrat, opposed them.
+
+The same comparisons could be made in the Assembly, where such Democrats
+as Wheelan and Baxter were found with Mott and Coghlan, Republicans,
+supporting machine policies, while opposed to them were anti-machine
+Republicans of the character of Bohnett and Callan, and anti-machine
+Democrats like Polsley and Mendenhall.
+
+Thus, for practical purposes, the Legislature can not be divided on
+party lines. The only practical line of division is between the machine
+element, and the anti-machine element. Such, at the session of 1909, was
+the division on every important issue; such will it be at the
+legislative session of 1911. Why should not the same division govern the
+organization of Senate and Assembly?
+
+As a matter of fact, the machine disregards party lines even in
+organizing. In making up its committees it considers fealty to machine
+interests above party name. For example, Hare and Kennedy were the
+Democratic Senators who this year affiliated with the machine. Kennedy
+was appointed to practically every important committee, at least to
+those before which important fights were to be made. Thus we find him on
+the Committee on Commerce and Navigation, Contingent Expenses, Elections
+and Election Laws, Prisons and Reformatories, and Public Morals, Hare
+was appointed to the Committee on Commerce and Navigation, Elections and
+Election Laws, Labor, Capital and Immigration, Municipal Corporations,
+Printing, and Public Buildings and Grounds. In committees, as well as on
+the floor of the Senate, Hare and Kennedy were found as a general thing
+casting their influence and their votes on the side of machine policies.
+
+Had the anti-machine Democrats and the anti-machine Republicans in
+Senate and Assembly, who worked together for the same ends and voted
+together on practically every important issue, taken the same course,
+and united for the organization of the two Houses, reform measures which
+were defeated by narrow margins would have been made laws, and machine
+measures which became laws defeated.
+
+Such being the case, is it not the duty of the anti-machine Republicans
+and the anti-machine Democrats who may sit in the Legislature of 1911,
+to organize both Senate and Assembly to resist machine purposes and
+policies?
+
+This can be done comparatively easily in the Assembly, where a movement
+to elect the Speaker such as was started by Drew of Fresno this year, if
+carried out, would take the Assembly out of machine hands. Although the
+organization of the Senate looks more difficult, because the Senate has
+no voice in the selection of its presiding officer, nevertheless, even
+though a Warren Porter occupy the post of Lieutenant-Governor, at the
+session of 1911 the reform element can elect its President pro tem., and
+appoint the Senate committees. In other words, a majority of the Senate,
+may if it see fit, take the appointing of the committees out of the
+hands of the Lieutenant-Governor.
+
+There are two important precedents for this course, one established by a
+Democratic Senate; the other by a Republican Senate.
+
+The Democratic precedent was established in 1887. In that year Robert W.
+Waterman, a Republican, was Lieutenant-Governor and presiding officer of
+the Senate. The Senate was made up of twenty-six Democrats and fourteen
+Republicans. The Democratic majority organized the Senate under the
+following rule, which will be found in the Senate journal of that
+session:
+
+"All Committees of the Senate, special and standing, and all joint
+Committees on the part thereof, shall be elected by the Senate unless
+otherwise ordered."
+
+The Republican precedent was made in 1897. In that year, William T.
+Jeter, a Democrat, was Lieutenant-Governor, while a majority of the
+Senators were Republicans. Instead of leaving the appointing of the
+committees to the Democratic Lieutenant-Governor, the Republican
+Senators adopted a rule that "all standing committees of the Senate
+shall be named by the Senate, unless otherwise ordered, and the first
+named shall be chairman thereof. All other committees shall be appointed
+in such manner as the Senate shall determine."
+
+In other words, the Republican majority of the Senate named the Senate
+committees of the session of 1897, taking their appointment out of the
+hands of the Lieutenant-Governor as the Democrats had done ten years
+before. There is no good reason why the members of the anti-machine
+majority in the Senate should not have taken the same course in 1909,
+and named the committees. Had they done so, and named the President pro
+tem., they would have organized the Senate in the interest of those
+policies in advancing which they were soon in open revolt against
+Lieutenant-Governor Porter, the machine Senators and the machine lobby.
+Failing to do so, they placed themselves under a handicap which they
+were unable to overcome.
+
+The reform element of the Legislature of 1911 will have in the
+experience of the reform element of the session of 1909, an important
+lesson. And The People of California, who will elect that Legislature,
+have a lesson as important. The successes of the machine at the session
+of 1909, where a clear majority of both Houses opposed machine policies,
+demonstrated that the well-being of the State requires that the
+opponents of the machine in Senate and Assembly, regardless of party
+label, organize the Legislature. But back of this is the even more
+important requirement that there be elected to the Legislature American
+citizens, with the responsibility of their citizenship upon them, rather
+than partisans, burdened until their good purposes are made negative, by
+the responsibility of their partisanship.
+
+
+
+[105] See, for example, Speaker Stanton's ruling on the Direct Primary
+bill when the Assembly was considering the question of receding from its
+amendments.
+
+[106] The machine recognizes the real division, if the reform element
+does not. The machine, for example, calls itself Republican, and as such
+controls the patronage of the San Francisco water front. The
+appointments to water front jobs are, of course, partisan, but the
+writer is reliably informed that as many "Democrats" as "Republicans"
+are employed there. Senators Hare and Kennedy, we have seen, although
+Democrats, got appointments to holdover committees. The machine
+recognizes but one line in politics, that which divides those who
+support machine policies from those who stand for good government and
+the square deal. When those who stand for good government and the square
+deal become as clear sighted, the fight against the machine will not be
+quite so unequal.
+
+[107] The term "machine" is, as a general thing, rather lightly used. It
+is made to stand for everything, from what might be and should be
+perfectly legitimate party organization, to the Southern Pacific
+political bureau. The Southern Pacific political bureau is, as a matter
+of fact, the dominating factor in machine affairs, which gives some
+reason for dubbing the machine Southern Pacific. But it is nor more the
+Southern Pacific machine than it is the Tenderloin machine or the
+Racetrack gamblers' machine, or the United Railroads machine, or the
+Electric Power Trust machine.
+
+[108] Bryce in his American Commonwealth, more than a quarter of a
+century ago, showed the hollowness of the contention of the machine
+element for arty consideration. "The interest of a Boss in political
+questions," said Bryce in one of his admirable chapters on this subject,
+"is usually quite secondary. Here and there one may be found and who is
+a politician in the European sense, who, whether sincerely or not,
+purports and professes to be interested in some principle or measure
+affecting the welfare of the country. But the attachment of the ringster
+is usually given wholly to the concrete party, that is, to the men who
+compose it, regarded as office-holders or office-seekers; and there is
+often not even a profession of zeal for any party doctrine. As a noted
+politician happily observed to a friend of mine: 'You know, Mr. R.,
+there are no politics in politics.' "
+
+[109] One has a wider view of this condition if he look out beyond the
+Sacramento Capitol, into the Senate Hall at Washington. The following is
+from an editorial article which appeared in the Saturday Evening Post,
+of June 12 last:
+
+"The Iron trade is still in a depressed state. Output is much below the
+capacity of the mills, and prices have not recovered from the
+demoralization of early spring. Yet the other day the common stock of
+the Steel Trust sold higher than ever before. When issued, this common
+stock was rather thinner than water, and it represented mostly a
+capitalization of the Trust's tariff graft. At the new high price the
+market valuation of the graft, therefore, is some three hundred million
+dollars. A few days before this new high price was made, eighteen
+Democratic Senators voted with the Aldrich Republicans to take iron ore
+from the free list - where the House bill had put it - and protect it by
+a substantial duty. This action was generally regarded as insuring a
+continuation of the Trust's tariff graft. Hence a record price for the
+common stock was logical enough, although the iron trade was not exactly
+flourishing at the moment.
+
+"Similar acts by Democratic Senators were denounced by President
+Cleveland as party perfidy and dishonor; but the regrettable fact is
+there is only one party in the United States Senate - just one party,
+with some scattering Republicans and Democratic Insurgents. For the
+purpose of getting elected and making stump speeches, different labels
+and catchwords are employed; but when it comes down to real business in
+the matter of taxing eighty-odd million users of iron and steel products
+for the benefit of an opulent trust, we find forty-three Republican
+Senators and eighteen Democratic Senators staunchly voting aye, against
+fourteen Republicans and ten Democrats who vote nay.
+
+"With over half of the Democratic members of the Upper House fondly
+recording themselves as Little Brothers to Protection, there is slight
+danger that the tariff will be revised otherwise than by its friends."
+
+
+
+Appendix
+
+
+
+Tables of Votes.
+
+The test votes given in the several tables record in every instance the
+result of a contest between the machine and the anti-machine forces in
+Senate or Assembly. It is quite evident that a unanimous vote cannot be
+counted a test vote. Thus the unanimous vote by which the Reciprocal
+Demurrage bill passed the Senate cannot be regarded as a test, although
+the machine fought the demurrage principle viciously in 1907.
+
+Nor can a vote on a measure be taken as a test vote, where the vote was
+taken without the members fully realizing what was before them. Thus the
+votes on the Wheelan bills do not appear in either Senate or Assembly
+tables. These measures were slipped through Senate and Assembly without
+the members of either House fully realizing what the bills were, their
+purpose, or far-reaching effects. To be sure, a member of the
+Legislature should know what he is voting on, but when one considers the
+incidents of the whirl-wind close of the session of 1909, the injustice
+of holding a member accountable for inadvertently voting for a measure
+which he had intended to oppose, becomes apparent.
+
+Following this rule, a vote on a given measure may be a test vote in one
+House and not in the other. The Change of Venue bill is an example in
+point. The Change of Venue bill was slipped through the Assembly,
+without the members fully realizing its import, and hence without
+opposition. But in the Senate the issue was fought out. The Senate vote
+on the Change of Venue bill, then, is taken as a test vote, while the
+Assembly vote on the same measure is not so regarded. In the same way,
+the vote on the substitution of the Wright bill for the Stetson Railroad
+Regulation bill was a test vote in the Senate. But in the Assembly there
+was no test vote taken on the railroad regulation measures, for the
+Wright bill was put through practically without opposition. The test
+railroad vote in the Assembly came on the Sanford resolution providing
+for government steamships on the Pacific. There was no test vote on this
+in the Senate, for in the Senate it was adopted practically without
+opposition.
+
+
+
+Table A - Records of Senators.
+
+The records of the members of the Senate on sixteen test votes are shown
+in Table A. The names of the Senators are arranged in the order of the
+number of times their votes were recorded on the side of progress and
+reform, the name of the Senator with the most positive votes to his
+credit appearing at the top of the list, and the Senator with the least
+number at the bottom.
+
+While few will quarrel with the fact that Senator Bell's name leads the
+list, while Senators Finn and Hartman divide negative honors at the
+bottom, nevertheless the arrangement is not, strictly speaking, fair,
+although it is probably as fair as it could be made.
+
+Senator Walker, for example, has only one anti-reform vote registered
+against him, but it was, perhaps, the most important test vote of the
+session, that on the Railroad Regulation measures. Senator Cutten, on
+the other hand, voted on the reform side of every question with the
+exception of the measure intended to work political reform by removing
+the party circle from the election ballot. Senator Cutten is recorded
+twice against this bill, it being necessary, in justice to all the
+Senators, to give both the votes taken on this measure. But considering
+the relative importance of the Railroad Regulation bills and the Party
+Circle bill, all must admit that Senator Cutten made a better record
+than Senator Walker, although Cutten's name appears below that of
+Walker.
+
+Unavoidable absence from the Senate Chamber cut down the records of
+several of the Senators. Black and Stetson, whose severe illness kept
+them from Sacramento toward the end of the session, furnish examples of
+this.
+
+Then again, the Party Circle bill and the Local Option bill were
+measures on which several of the strongest of the opponents of the
+machine differed with the majority of their anti-machine associates.
+With the four votes taken on these two issues out of the reckoning,
+Bell, Thompson, Roseberry, Cutten, Campbell, Boynton, Sanford,
+Cartwright, Black, Holohan, Birdsall, Stetson, Rush and Strobridge, have
+not one vote for a machine-backed policy against them. Caminetti's vote
+to amend the Stanford bill excludes him from the list, but as this
+measure was of the same character and policy as the Local Option bill,
+Caminetti's name should in justice be included among those of the
+Senators who made practically clear records. Looking at the table in a
+broad way, the first nineteen Senators of the list made anti-machine
+records. Of the eleven caucus Republicans among them, only one voted
+against admitting Bell to the Republican caucus.
+
+The nineteen voted for the Anti-Racetrack Gambling bill, they voted
+every time against the machine on the Direct Primary issue, only two of
+them voted for the Change of Venue bill, only two of them voted against
+the Railroad Regulation bill. These comparisons can be carried out
+indefinitely, and always to the advantage of the nineteen.
+
+Senator Wright is twentieth on the list; Senator Anthony is
+twenty-first. Those who followed these two Senators through the Direct
+Primary bill fight will see immediately that Wright has crowded into
+undeserved standing. There is a very good reason for this. In the
+Senate, the roll of Senators is called alphabetically, and Senator
+Wright's name is the last on the list. A glance at the table will show
+that Senator Wright did not vote once against the machine when his vote
+would have decided the issue. He voted for the Anti-Racetrack Gambling
+bill, but before him thirty-two Senators had voted for the bill, and
+only seven against it. Wright's thirty-third affirmative vote counted
+for nothing. On the other hand, when Wright's name was reached on roll
+call on the Change of Venue bill, with the vote standing nineteen for
+the bill and sixteen against, and twenty-one votes necessary for its
+passage, Senator Wright cast the twentieth affirmative vote, thus
+ensuring the measure's passage. In the same way, Senator Wright's vote
+the following day, tied the score on the motion for a call of the
+Senate, thus defeating the motion, and preventing reconsideration of the
+Change of Venue bill which would have meant its defeat.
+
+The query is: Had the vote on the Anti-Racetrack Gambling bill stood
+nineteen against the bill, and twenty for, when Wright's name was
+reached, with twenty-one votes necessary for its passage, would Wright's
+vote have been cast for or against it? Any person who has any doubt on
+the question, is referred to Senator Wright's part in the passage of the
+amended Direct Primary bill, and in the defeat of the Stetson bill.
+
+It is most advantageous to have one's name at the bottom of a roll call.
+Senator Wright's position above that of Senators Anthony and Burnett,
+emphasizes the necessity of considering these tables in connection with
+the chapters dealing with the several issues involved. From the first
+days of the session Senators Anthony and Burnett gave indications that
+had the anti-machine forces been organized, they would have been found
+consistently against the machine. At any rate, their records are
+admittedly more creditable than that made by Senator Wright.
+
+
+
+The Sixteen Test Votes.
+
+Senator Bell did not vote in the Senate Republican caucus, nor did the
+nine Democratic Senators. Thus in the sixteen votes recorded, Bell and
+the Democratic members voted only fifteen times. An outline of each of
+the several issues involved follows:
+
+Senate A - The first test vote of the Republican majority which came in
+the Republican caucus described in Chapter II, on motion to admit
+Senator Bell to caucus privileges. Lost by a vote of 16 to 14.
+
+Senate B - Vote on proposed McCartney Amendments to Direct Primary bill.
+Amendments defeated by vote of 27 to 13. See Chapter IX.
+
+Senate C - Senate vote on Anti-Racetrack Gambling bill. See Chapter VII.
+
+Senate D - Vote on Wolfe's motion to send the Local Option bill back to
+the Judiciary Committee. See Chapter XVIII.
+
+Senate E - First vote on Senate Bill 220, abolishing the party circle on
+the election ballot. Measure was defeated by vote of 15 to 23.
+
+Senate F - Vote by which the above Senate Bill 220 was passed on
+reconsideration. Note the Senators who changed to the side favoring the
+measure.
+
+Senate G - Test vote on Senate Bill 1144, known as the "Stanford Bill,"
+which prohibited the sale of intoxicants within a mile and a half of a
+University. The measure was aimed at the low groggeries maintained in
+the vicinity of the campus at Stanford. It was fought by the same
+tenderloin element that had opposed the Anti-Racetrack Gambling bill.
+Senator Wolfe moved to amend the measure to exclude fraternal club
+houses and hotels of fifty bed-rooms or more, from its provisions. The
+amendment would have delayed and perhaps defeated the bill. Wolfe's
+motion was defeated.
+
+Senate H - Vote by which the above Senate Bill 1144 was finally passed.
+
+Senate I - First test railroad vote in the Senate - Senator Stetson
+moved that Stetson bill be substituted for the Wright bill. The motion
+was defeated by a vote of 16 to 22. Had Rush and Roseberry been present
+they would have voted on the side of the Stetson measure. This would
+have made the vote twenty-two for the Wright bill, and eighteen for the
+Stetson bill. See Chapter XIII.
+
+Senate J - Vote on the Initiative Amendment. See Chapter XIX.
+
+Senate K - Vote on the Local Option bill. See Chapter XVIII.
+
+Senate L - Vote on Senate Constitutional Amendment No. 4, to eliminate
+ambiguities from those sections of the State Constitution which
+prescribe the powers and duties of the Railroad Commission. See Chapter
+XIV.
+
+Senate M - Vote on Assembly amendments to the Direct Primary bill.
+Wright moved that the Senate concur in the amendments. The motion was
+lost, but on Wolfe's motion to reconsider the vote, the Senate was held
+in deadlock for more than a week. See Chapters X and XI.
+
+Senate N - Vote on Change of Venue bill. See Chapter XVI.
+
+Senate O - Vote on motion to reconsider vote by which Change of Venue
+bill was passed. See Chapter XVI.
+
+Senate P - Vote on Burnett's motion that the investigation into the
+causes for the increase of freight and express rates be continued after
+the Legislature adjourned. See Chapter XIV.
+
+
+
+Tables B and C - Record of Assemblymen.
+
+The two tables showing the votes of the members of the Assembly include
+eleven test votes. The names of the Assemblymen are arranged as in the
+case of the Senators with the names of those who made the best records
+at the top.
+
+It will be seen that fourteen Assemblymen voted against the machine on
+every roll call, eight were absent on one roll call each, but voted the
+ten times they were present against the machine, while three members
+voted 'once each with the machine, and ten times against it. These
+twenty-five members, voting 267 times, cast 264 votes on the side of
+progress and reform, and three votes for machine policies. The record
+indicates what might have been done in the Assembly had the reform
+forces been organized. Indeed, the forty leading Assemblymen, casting
+421 votes, cast only 48 votes for machine policies and 373 against.
+
+The same considerations governed the selection of test votes in the
+Assembly as in the Senate. The votes are as follows:
+
+Assembly A - The first test vote in the Assembly was on Drew's
+resolution to reject the report of the Committee on Rules. The
+resolution was adopted, and the machine's plan to force "gag rules" on
+the Assembly failed. See Chapter III Organization of the Assembly.
+
+Assembly B - The test vote on the Anti-Racetrack Gambling bill. The
+Committee on Public Morals had recommended that the bill "do pass." Mott
+moved that the bill be re-referred to the committee. Motion lost by a
+vote of 53 to 23. See Chapter VII.
+
+Assembly C - Vote on the Anti-Racetrack Gambling bill. See Chapter VII.
+
+Assembly D - Vote on motion to reconsider the vote by which the
+Anti-Racetrack Gambling bill was passed. See Chapter VII.
+
+Assembly E - The test railroad vote in the Assembly came on Drew's
+motion to recall Senate Joint Resolution No. 3 from committee. The
+resolution called for a line of government-owned steamships on the
+Pacific from San Francisco to Panama. The resolution, having been
+adopted by the Senate, went to the Assembly and was referred to the
+Committee on Federal Relations. To hasten action on the resolution, Drew
+moved that it be recalled from the committee. A two-thirds vote was
+necessary for Drew's motion to prevail. The motion failed to carry by a
+vote of 36 for to 29 against.
+
+Assembly F - Vote on motion to strike out of Senate joint Resolution No.
+3-considered under E - those sections which referred to Commissioner
+Bristow's report recommending that the Government steamship line be
+established, and criticizing the combinations made between the several
+transportation companies. The motion prevailed by a vote of 43 to 30.
+
+Assembly G - Assembly test vote on the Direct Primary bill. Vote taken
+on Leed's motion that vote on United States Senators be advisory and by
+districts. The motion prevailed by a vote of 38 to 36. See Chapter X.
+
+Assembly H - Vote on proposed amendments to the Islais Creek Harbor
+bill. Motion was made to amend by substituting 44 blocks for the 63
+necessary for the improvement. Had this been done, the work would have
+been made impracticable. Motion lost by a vote of 30 to 45. See Chapter
+XXIII, "Influence of the San Francisco Delegation."
+
+Assembly I - Leeds moved that Senate Bill 220 removing the party circle
+from the election ballot be denied second reading. The motion prevailed
+by a vote of thirty-six for, to thirty-five against.
+
+Assembly J - Vote on Senate Bill 1144 (the Stanford bill), to prohibit
+the sale of intoxicants within a mile and a half of Stanford University.
+
+Assembly K - Vote on the Judicial Column bill. This measure provided
+that the names of candidates for the Judiciary be placed in a separate
+non-partisan column on the election ballot. The bill passed the Senate,
+but was defeated in the Assembly.
+
+
+
+The Other Tables.
+
+Table D shows the six votes on the Anti-Racetrack Gambling bill. See
+Chapter VII.
+
+Tables E and F - Show the records of the San Francisco delegation in the
+Senate and Assembly. See Chapter XXIII.
+
+Table G - Shows the records on sixteen test votes of the twenty Senators
+whose terms of office will have expired before the next session
+convenes. See Chapter XXVII.
+
+Table H - Shows the records on sixteen test votes of the twenty Senators
+who were elected in 1908, and who hold over to serve in the session of
+1911. See Chapter XXVI.
+
+Table I - Shows records of the members of the Assembly on the four
+principal votes arising out of the fight for the passage of the
+so-called Anti-Japanese bills. See Chapter XX.
+
+
+
+          Table A-Records of Senators on Sixteen Test Votes
+
+           * indicates vote on side of Progress and Reform
+
+            0 indicates vote against Progress and Reform
+
+                  A       B       C         D         E       F        G
+__________________________________________________________________________
+                  To     Test           To refer    To do   Second
+                admit    vote  Walker-    Local     away     Vote   First
+                 Bell     on    Otis   Option Bill  with    party    Vote
+                 to     Direct  Bill.      to       Party   Circle Stanford
+               Caucus. Primary         Committee.  Circle.  Bill.   Bill.
+__________________________________________________________________________
+     Senator    Aye No Aye  No Aye  No  Aye   No   Aye  No Aye  No  Aye No
+__________________________________________________________________________
+  1 Bell                    *   *              *    *       *            *
+  2 Thompson     *          *   *              *        0   *            *
+  3 Roseberry    *          *   *              *        0   *            *
+  4 Walker       *          *   *              *    *       *            *
+  5 Cutten       *          *   *              *        0       0        *
+  6 Campbell                *   *              *    *       *
+  7 Boynton      *          *   *        0          *       *
+  8 Sanford                 *   *        0          *       *            *
+  9 Cartwright              *   *                   *       *            *
+  10 Caminetti              *   *        0          *       *        0
+  11 Estudillo       0      *   *              *    *       *            *
+  12 Black       *          *   *              *        0   *            *
+  13 Holohan                *   *        0          *       *
+  14 Miller                 *   *                   *       *            *
+  15 Birdsall    *          *   *        0              0   *
+  16 Stetson     *          *   *                           *            *
+  17 Rush        *          *   *                       0   *            *
+  18 Curtin                 *   *              *        0                *
+  19 Strobridge  *          *   *        0              0       0        *
+  20 Wright          0      *   *              *    *       *            *
+  21 Anthony     *          *   *        0              0   *
+  22 Burnett         0      *   *        0              0       0
+  23 McCartney       0  0       *        0                               *
+  24 Kennedy            0       *        0          *       *        0
+  25 Lewis           0      *   *        0              0       0
+  26 Willis          0  0       *              *    *       *        0
+  27 Welch       *          *   *        0              0       0
+  28 Bates           0  0       *              *        0       0        *
+  29 Price           0      *   *        0              0       0        *
+  30 Savage      *      0       *        0              0       0        *
+  31 Bills           0  0       *              *        0       0        *
+  32 Leavitt         0  0           0          *    *       *            *
+  33 Hare               0           0    0          *       *        0
+  34 Hurd            0      *   *                       0       0        *
+  35 Martinelli      0      *   *        0              0       0    0
+  36 Wolfe           0  0           0    0          *       *        0
+  37 Reily       *      0           0    0              0       0
+  38 Weed            0  0           0          *        0       0
+  39 Finn            0  0           0    0              0       0    0
+  40 Hartman         0  0           0    0              0       0    0
+__________________________________________________________________________
+         Totals 14  16  13  27  33  7    20   15    16  22  23  15   8  22
+
+
+
+                   H          I           J         K         L         M
+______________________________________________________________________________
+                 Second    Test Vote               Local             Assembly
+                  Vote     Railroad    Initiative Option   Railroad  Amendment
+                Stanford  Regulation.  Amendment.  Bill.  Amendment. to Direct
+                  Bill.                                              Primary.
+______________________________________________________________________________
+     Senator    Aye  No   Aye    No    Aye   No  Aye  No  Aye   No    Aye  No
+______________________________________________________________________________
+  1 Bell         *         *            *         *        *               *
+  2 Thompson     *         *            *         *        *               *
+  3 Roseberry    *                      *         *        *               *
+  4 Walker       *                0     *         *        *               *
+  5 Cutten       *         *            *         *        *               *
+  6 Campbell     *         *            *         *        *               *
+  7 Boynton                *            *         *        *               *
+  8 Sanford      *         *            *             0    *               *
+  9 Cartwright   *         *                      *        *               *
+  10 Caminetti   *         *            *             0    *               *
+  11 Estudillo   *                0     *         *              0         *
+  12 Black       *         *            *         *                        *
+  13 Holohan     *         *                          0    *               *
+  14 Miller      *         *                 0    *        *               *
+  15 Birdsall              *            *             0    *               *
+  16 Stetson     *         *            *
+  17 Rush        *                      *             0    *               *
+  18 Curtin      *         *                 0        0    *               *
+  19 Strobridge  *         *                          0    *               *
+  20 Wright      *                0          0    *        *           0
+  21 Anthony     *                0     *             0          0         *
+  22 Burnett     *                0                   0    *           0
+  23 McCartney   *                0     *             0    *           0
+  24 Kennedy         0            0     *             0          0     0
+  25 Lewis       *         *                 0        0          0     0
+  26 Willis      *                0          0        0          0     0
+  27 Welch                        0     *             0          0     0
+  28 Bates       *                0          0                         0
+  29 Price       *                0          0        0          0     0
+  30 Savage      *                0          0                   0     0
+  31 Bills       *                0          0        0          0     0
+  32 Leavitt         0            0          0        0          0     0
+  33 Hare            0            0     *             0                0
+  34 Hurd                         0          0        0          0     0
+  35 Martinelli  *                0          0        0                0
+  36 Wolfe       *                0          0        0          0     0
+  37 Reily                        0     *             0          0     0
+  38 Weed                         0          0        0          0     0
+  39 Finn            0            0                   0          0     0
+  40 Hartman         0            0          0        0          0     0
+___________________________________________________________________________
+         Totals 29   5     16    22    20    15   12  25   19   16    20  19
+
+
+
+                  N        O           P
+__________________________________________________________________
+                  To     Test                       Totals
+               Change     To          To
+                 of   reconsider  investigate For    Against Absent
+                Venue  Change of    Freight   Reform Reform
+                Bill. Venue Bill.   Rates.
+__________________________________________________________________
+     Senator    Aye No  Aye    No   Aye No
+__________________________________________________________________
+  1 Bell             *   *           *         15       0       0
+  2 Thompson         *   *           *         15       1       0
+  3 Roseberry        *   *           *         14       1       1
+  4 Walker           *   *                     14       1       1
+  5 Cutten           *   *           *         14       2       0
+  6 Campbell         *   *                     13       0       2
+  7 Boynton          *   *           *         13       1       2
+  8 Sanford          *   *           *         13       2       0
+  9 Cartwright       *   *                     12       0       3
+  10 Caminetti       *   *           *         12       3       0
+  11 Estudillo   0       *           *         12       4       0
+  12 Black           *   *           *         11       1       4
+  14 Miller      0       *                     11       2       2
+  15 Birdsall        *   *           *         11       3       2
+  16 Stetson         *   *                     10       0       6
+  17 Rush                            *         10       2       4
+  18 Curtin          *   *                     10       3       2
+  19 Strobridge      *   *                     10       4       2
+  20 Wright      0              0         0     9       7       0
+  21 Anthony                    0         0     7       8       1
+  22 Burnett                         *          5       7       4
+  23 McCartney   0              0               5       8       3
+  24 Kennedy         *                    0     5       9       1
+  25 Lewis       0       *                0     5      10       1
+  26 Willis      0              0         0     5      11       0
+  27 Welch       0              0               4       9       3
+  28 Bates       0              0         0     4      10       2
+  29 Price       0              0               4      11       1
+  30 Savage      0              0         0     4      11       1
+  31 Bills       0              0         0     4      12       0
+  32 Leavitt     0              0         0     4      12       0
+  33 Hare        0              0               3      10       2
+  34 Hurd        0              0         0     3      11       2
+  35 Martinelli  0              0         0     3      12       1
+  36 Wolfe       0              0         0     3      13       0
+  37 Reily       0              0         0     2      12       2
+  38 Weed        0              0         0     1      13       2
+  39 Finn        0              0         0     0      15       1
+  40 Hartman     0              0         0     0      16       0
+  _________________________________________________________________
+         Totals 21  16   18    18    12  16   311     259      60
+
+
+
+Table B-Records of Assemblymen on Eleven Test Votes
+
+           Forty Members Making Best Records
+
+    * indicates vote on side of Progress and Reform
+
+     0 indicates vote against Progress and Reform
+
+                       A           B          C         D           E        F
+_________________________________________________________________________________
+                    Drew's                                                   To
+                   Motion to   To Return   Vote on      To      To recall  amend
+                    Reject    Walker-Otis  Walker-  reconsider   S. J. R.  S. J.
+                  Committee's   Bill to     Otis   Walker-Otis  No. 3
+from R. No.
+                    Rules.     Committee    Bill.     Bill.     Committee.    3.
+_________________________________________________________________________________
+  Assemblymen       Aye    No   Aye    No   Aye No   Aye    No    Aye
+No  Aye No
+_________________________________________________________________________________
+  1 Bohnett         *                  *    *               *     *
+*
+  2 Callan          *                  *    *               *     *
+*
+  3 Cattell         *                  *    *               *     *
+*
+  4 Costar          *                  *    *               *     *
+*
+  5 Gibbons         *                  *    *               *     *
+*
+  6 Hewitt          *                  *    *               *     *
+*
+  7 Johnson, P. H.  *                  *    *               *     *
+*
+  8 Mendenhall      *                  *    *               *     *
+*
+  9 Polsley         *                  *    *               *     *
+*
+  10 Preston        *                  *    *               *     *
+*
+  11 Telfer         *                  *    *               *     *
+*
+  12 Whitney        *                  *    *               *     *
+*
+  13 Wilson         *                  *    *               *     *
+*
+  14 Young          *                  *    *               *     *
+*
+  15 Cogswell       *                       *               *     *
+*
+  16 Drew           *                  *    *               *     *
+*
+  17 Gillis                            *    *               *     *
+*
+  18 Juilliard      *                  *    *               *
+*
+  19 Kehoe                             *    *               *     *
+*
+  20 Maher          *                  *    *               *
+*
+  21 Sackett        *                  *    *               *     *
+*
+  22 Wyllie                            *    *               *     *
+*
+  23 Flint          *                  *    *               *     *
+*
+  24 Hinkle         *                  *    *               *     *
+*
+  25 Stuckenbruck   *                  *    *               *     *
+*
+  26 Gerdes               0            *    *               *     *
+  27 Holmquist            0            *    *               *     *
+*
+  28 Otis           *                  *    *               *     *        0
+  29 Irwin          *                  *    *               *
+*
+  30 Rutherford     *                  *    *               *     *        0
+  31 Griffiths            0            *    *               *     *
+  32 Odom           *           0           *               *     *
+  33 Hayes          *                  *    *               *
+0        *
+  34 Lightner       *                  *    *               *              0
+  35 Melrose        *                  *    *               *     *        0
+  36 Silver         *                  *    *               *     *        0
+  37 Beatty                            *    *               *              0
+  38 Cronin         *                  *    *               *     *        0
+  39 Barndollar           0            *    *               *     *        0
+  40 Rech           *                  *    *               *          0   0
+________________________________________________________________________________
+           Totals  32     4     1     38    40  0    0     40    33
+2   9   28
+
+
+
+
+                      G        H       I         J        K           Totals
+__________________________________________________________________________________
+                              To    To deny
+                  Test Vote  amend   Party    Vote on  Vote on
+                  on Direct Islais   Circle  Stanford  Judicial  For
+Against Absent
+                   Primary.  Creek    Bill     Bill.    Column Reform Reform
+                            Harbor   Second             Bill.
+                             Bill.  Reading.
+__________________________________________________________________________________
+  Assemblymen      Aye  No  Aye No  Aye  No  Aye   No  Aye  No
+__________________________________________________________________________________
+  1 Bohnett              *       *        *   *         *         11    0      0
+  2 Callan               *       *        *   *         *         11    0      0
+  3 Cattell              *       *        *   *         *         11    0      0
+  4 Costar               *       *        *   *         *         11    0      0
+  5 Gibbons              *       *        *   *         *         11    0      0
+  6 Hewitt               *       *        *   *         *         11    0      0
+  7 Johnson, P. H.       *       *        *   *         *         11    0      0
+  8 Mendenhall           *       *        *   *         *         11    0      0
+  9 Polsley              *       *        *   *         *         11    0      0
+  10 Preston             *       *        *   *         *         11    0      0
+  11 Telfer              *       *        *   *         *         11    0      0
+  12 Whitney             *       *        *   *         *         11    0      0
+  13 Wilson              *       *        *   *         *         11    0      0
+  14 Young               *       *        *   *         *         11    0      0
+  15 Cogswell            *       *        *   *         *         10    0      1
+  16 Drew                *       *            *         *         10    0      1
+  17 Gillis              *       *        *   *         *         10    0      1
+  18 Juilliard           *       *        *   *         *         10    0      1
+  19 Kehoe               *       *        *   *         *         10    0      1
+  20 Maher               *       *        *   *         *         10    0      1
+  21 Sackett             *       *            *         *         10    0      1
+  22 Wyllie              *       *        *   *         *         10    0      1
+  23 Flint               *       *   0        *         *         10    1      0
+  24 Hinkle              *       *   0        *         *         10    1      0
+  25 Stuckenbruck        *   0            *   *         *         10    1      0
+  26 Gerdes              *       *        *   *         *         9     1      1
+  27 Holmquist           *       *        *   *              0    9     2      0
+  28 Otis                *       *   0        *         *         9     2      0
+  29 Irwin               *   0            *        0    *         8     2      1
+  30 Rutherford     0            *        *   *              0    8     3      0
+  31 Griffiths           *       *   0        *                   7     2      2
+  32 Odom                *   0            *             *         7     2      2
+  33 Hayes               *   0       0        *                   7     3      1
+  34 Lightner       0        0            *   *         *         7     3      1
+  35 Melrose        0            *   0        *              0    7     4      0
+  36 Silver              *   0       0        *              0    7     4      0
+  37 Beatty         0            *        *        0    *         6     3      2
+  38 Cronin         0            *   0                       0    6     4      1
+  39 Barndollar     0            *   0        *              0    6     5      0
+  40 Rech           0            *   0        *              0    6     5      0
+__________________________________________________________________________________
+        Totals      7   33   6  34  10   28   36   2   31    7   373   48     19
+
+
+
+Table C-Records of Assemblymen on Eleven Test Votes
+
+         Forty Members Making Poorest Records
+
+   * indicates vote on side of Progress and Reform
+
+    0 indicates vote against Progress and Reform
+
+(a) - Changed Vote from no to aye to give notice to reconsider.
+       Was against the bill.
+
+                         A            B         C          D           E
+____________________________________________________________________________
+                      Drew's
+                     Motion to    To Return  Vote on       To      To recall
+                      Reject     Walker-Otis Walker-   reconsider   S. J. R.
+                    Committee's    Bill to     Otis   Walker-Otis  No. 3 from
+                      Rules.      Committee   Bill.      Bill.     Committee.
+____________________________________________________________________________
+    Assemblymen      Aye    No    Aye    No   Aye No   Aye    No    Aye  No
+____________________________________________________________________________
+  41 Hammon           *                  *     *               *
+  42 Hawk                    0           *     *               *     *
+  43 Stanton                 0           *     *               *     *
+  44 Transue                 0           *     *               *
+  45 Hanlon           *                  *     *               *          0
+  46 Wagner           *            0           *        0            *
+  47 Webber           *            0           *               *          0
+  48 Butler                              *     *               *          0
+  49 Collum           *            0               0
+  50 Dean                    0           *     *               *          0
+  51 Perine                  0           *     *               *
+  52 Pulcifer                0           *     *               *          0
+  53 Collier                 0           *     *               *          0
+  54 Moore                   0     0           *                          0
+  55 Leeds                   0           *     *               *          0
+  56 Nelson                  0     0           *               *          0
+  57 Fleisher                0           *     *               *          0
+  58 Flavelle                0           *     *               *          0
+  59 McClelland              0           *     *               *          0
+  60 Beardslee               0     0           *        0                 0
+  61 Hans                    0           *     *               *          0
+  62 Johnson, G. L.          0     0           *        0                 0
+  63 Baxter                        0                    0                 0
+  64 Wheelan          *                        *                          0
+  65 Schmidt                 0     0                    0                 0
+  66 Black            *            0               0    0
+  67 O'Neil           *            0               0    0                 0
+  68 Coghlan                 0     0               0    0
+  69 Hopkins          *            0               0    0
+  70 Johnson, T. D.          0     0           *        0                 0
+  71 Pugh                    0     0               0     0                0
+  72 Feeley                  0                 *        0                 0
+  73 Johnson, P. A.          0     0           *        0                 0
+  74 Greer                   0     0           *        0                 0
+  75 Mott                    0     0           *        0                 0
+  76 Cullen                  0     0               0    0
+  77 Beban                   0     0               0    0
+  78 Macauley                0     0               0    0                 0
+  79 McManus                 0     0               0    0                 0
+____________________________________________________________________________
+               Totals  9    28    22     15   27  10   19     17     3   27
+  Totals from Table B 32     4     1     38   40   0    0     40    33    2
+          Grand Total 41    32    23     53   67  10   19     57    36   29
+
+
+
+
+
+                       F       G        H       I         J         K
+_______________________________________________________________________
+                      To               To    To deny
+                     amend Test Vote  amend   Party    Vote on   Vote on
+                     S. J. on Direct Islais   Circle   Stanford Judicial
+                    R. No. Primary.   Creek    Bill     Bill.    Column
+                      3.             Harbor   Second              Bill.
+                                      Bill.  Reading.
+_________________________________________________________________________
+    Assemblymen      Aye No  Aye  No  Aye No  Aye   No  Aye   No  Aye  No
+_________________________________________________________________________
+  41 Hammon                   0        0       0         *
+  42 Hawk                 *   0        0       0                        0
+  43 Stanton          0       0            *   0                        0
+  44 Transue          0       0            *   0         *              0
+  45 Hanlon           0       0        0       0         *              0
+  46 Wagner           0       0            *   0         *              0
+  47 Webber               *
+  48 Butler           0       0            *   0
+  49 Collum           0       0            *        *         0    *
+  50 Dean             0            *   0       0
+  51 Perine           0       0        0       0         *
+  52 Pulcifer         0       0                0                   *
+  53 Collier          0       0        0       0         *
+  54 Moore            0            *       *   0              0    *
+  55 Leeds            0       0            *   0              0         0
+  56 Nelson           0       0            *        *         0         0
+  57 Fleisher         0                0       0
+  58 Flavelle         0                        0              0         0
+  59 McClelland       0       0        0       0                        0
+  60 Beardslee        0            *   0       0         *              0
+  61 Hans             0       0        0       0              0         0
+  62 Johnson, G. L.   0       0        0            *    *              0
+  63 Baxter           0                0            *              *
+  64 Wheelan          0       0        0                      0
+  65 Schmidt                  0            *           * (a)            0
+  66 Black                    0        0            *         0         0
+  67 O'Neil           0       0        0            *
+  68 Coghlan          0       0            *        *         0         0
+  69 Hopkins          0
+  70 Johnson, T. D.   0       0        0
+  71 Pugh             0       0            *                  0
+  72 Feeley           0       0        0       0              0         0
+  73 Johnson, P. A.   0       0        0       0                        0
+  74 Greer            0       0        0       0              0         0
+  75 Mott             0       0        0       0              0         0
+  76 Cullen           0       0        0       0                        0
+  77 Beban            0       0        0       0              0         0
+  78 Macauley         0       0        0       0                        0
+  79 McManus          0       0        0       0              0
+_________________________________________________________________________
+               Totals 34   2  31    3  24  11   26   7    9   15    4  22
+
+  Totals from Table B  9  28   7   33   6  34   10  28   36    2   31   7
+
+          Grand Total 43  30  38   36  30  45   36  35   45   17   35  29
+
+
+
+
+
+                             Totals
+___________________________________________
+                        For  Against Absent
+                      Reform Reform
+___________________________________________
+      Assemblymen
+___________________________________________
+  42 Hawk               5      5       1
+  43 Stanton            5      5       1
+  44 Transue            5      5       1
+  45 Hanlon             5      6       0
+  46 Wagner             5      6       0
+  47 Webber             4      2       5
+  48 Butler             4      4       3
+  49 Collum             4      5       2
+  50 Dean               4      5       2
+  51 Perine             4      5       2
+  52 Pulcifer           4      5       2
+  53 Collier            4      6       1
+  54 Moore              4      6       1
+  55 Leeds              4      7       0
+  56 Nelson             4      7       0
+  57 Fleisher           3      5       3
+  58 Flavelle           3      6       2
+  59 McClelland         3      7       1
+  60 Beardslee          3      8       0
+  61 Hans               3      8       0
+  62 Johnson, G. L.     3      8       0
+  63 Baxter             2      5       4
+  64 Wheelan            2      5       4
+  65 Schmidt            2      6       3
+  66 Black              2      7       2
+  67 O'Neil             2      7       2
+  68 Coghlan            2      8       1
+  69 Hopkins            1      4       6
+  70 Johnson, T. D.     1      7       3
+  71 Pugh               1      8       2
+  72 Feeley             1      9       1
+  73 Johnson, P. A.     1      9       1
+  74 Greer              1     10       0
+  75 Mott               1     10       0
+  76 Cullen             0      9       2
+  77 Beban              0     10       1
+  78 Macauley           0     10       1
+  79 McManus            0     10       1
+________________________________________
+               Totals  107   258      64
+  Totals from Table B  373    48      19
+          Grand Total  480   306      83
+
+
+
+Table D-Record of Assemblymen on Anti-Racetrack Gambling Bill
+                      (Walker-Otis Bill)
+
+                   F shows vote For the Bill
+
+                  A shows vote Against the Bill
+
+                      A           B         C         D
+__________________________________________________________
+   Assembly Vote  Motion to   Reconsider Butler's Motion to
+  on Walker-Otis Return Bill  Defeat of   Motion  Put Bill
+       Bill.          to        Mott's   to Amend  on its
+                  Committee.   Motion.    Bill.   Passage.
+__________________________________________________________
+    Assemblymen     Aye   No    Aye   No   Aye No   Aye  No
+__________________________________________________________
+  Barndollar              F          F         F        A
+  Baxter            A           A          A            A
+  Beardslee         A           A          A            A
+  Beatty                  F          F         F
+  Beban             A           A          A            A
+  Black             A           A          A            A
+  Bohnett                 F          F         F    F
+  Butler                  F          F     A            A
+  Callan                  F          F         F    F
+  Cattell                 F          F         F    F
+  Coghlan           A           A          A            A
+  Cogswell                           F         F    F
+  Collier                 F          F         F    F
+  Collum            A           A          A            A
+  Costar                  F          F         F    F
+  Cronin                  F          F         F    F
+  Cullen            A           A                       A
+  Dean                    F          F         F    F
+  Drew                    F          F         F    F
+  Feeley                        A          A            A
+  Flavelle                F          F         F    F
+  Fleisher                F          F         F    F
+  Flint                   F          F         F    F
+  Gerdes                  F          F         F    F
+  Gibbons                 F     A                   F
+  Gillis                  F          F         F    F
+  Greer             A           A          A            A
+  Griffiths               F          F         F    F
+  Hammon                  F          F         F    F
+  Hanlon                  F          F         F    F
+  Hans                    F          F         F    F
+  Hawk                    F     A              F    F
+  Hayes                   F          F         F    F
+  Hewitt                  F          F         F    F
+  Hinkle                  F          F         F    F
+  Holmquist               F          F         F    F
+  Hopkins           A           A          A            A
+  Irwin                   F     A          A            A
+  Johnson, G. L.    A           A          A            A
+  Johnson, P. A.    A           A          A            A
+  Johnson, P. H.          F
+  Johnston, T. D.   A           A          A            A
+  Juilliard               F     A          A            A
+  Kehoe                   F          F         F    F
+  Leeds                   F          F         F    F
+  Lightner                F          F         F        A
+  Macauley          A           A          A            A
+  Maher                   F          F         F        A
+  McClellan               F     A              F        A
+  McManus           A           A          A            A
+  Melrose                 F          F         F    F
+  Mendenhall              F          F         F    F
+  Moore             A           A              F        A
+  Mott              A           A              F        A
+  Nelson            A           A          A            A
+  Odom              A           A              F        A
+  Otis                    F          F         F    F
+  O'Neil            A           A          A            A
+  Perine                  F          F         F        A
+  Polsley                 F          F         F    F
+  Preston                 F          F         F    F
+  Pugh              A           A          A            A
+  Pulcifer                F          F         F    F
+  Rech                    F          F         F    F
+  Rutherford              F          F         F    F
+  Sackett                 F          F
+  Schmitt           A           A          A            A
+  Silver                  F          F         F    F
+  Stanton                 F          F         F    F
+  Stuckenbruck            F          F         F    F
+  Telfer                  F          F         F    F
+  Transue                 F          F         F    F
+  Wagner            A           A              F    F
+  Webber            A           A          A            A
+  Wheelan                       A          A            A
+  Whitney                 F          F         F    F
+  Wilson                  F          F         F    F
+  Wyatt
+  Wyllie                  F          F         F    F
+  Young                   F          F         F    F
+__________________________________________________________
+           Totals  23    53     30  48     23 52    44  32
+
+
+
+                    E         F              Totals
+__________________________________________________________
+   Assembly Vote  Vote     Vote on    For   Against
+  on Walker-Otis   on     Motion to   the     the  Absent.
+       Bill.      Bill.  Reconsider. Bill.   Bill.
+__________________________________________________________
+    Assemblymen   Aye No   Aye    No
+__________________________________________________________
+  Barndollar      F              F     5       1
+  Baxter                   A                   5      1
+  Beardslee       F        A           1       5
+  Beatty          F              F     5              1
+  Beban               A    A                   6
+  Black               A    A                   6
+  Bohnett         F              F     6
+  Butler          F              F     4       2
+  Callan          F              F     6
+  Cattell         F              F     6
+  Coghlan             A    A                   6
+  Cogswell        F              F     5              1
+  Collier         F              F     6
+  Collum              A                        5      1
+  Costar          F              F     6
+  Cronin          F              F     6
+  Cullen              A    A                   5      1
+  Dean            F              F     6
+  Drew            F              F     6
+  Feeley          F        A           1       4      1
+  Flavelle        F              F     6
+  Fleisher        F              F     6
+  Flint           F              F     6
+  Gerdes          F              F     6
+  Gibbons         F              F     4       1      1
+  Gillis          F              F     6
+  Greer           F        A           1       5
+  Griffiths       F              F     6
+  Hammon          F              F     6
+  Hanlon          F              F     6
+  Hans            F              F     6
+  Hawk            F              F     5       1
+  Hayes           F              F     6
+  Hewitt          F              F     6
+  Hinkle          F              F     6
+  Holmquist       F              F     6
+  Hopkins             A    A                   6
+  Irwin           F              F     3       3
+  Johnson, G. L.  F        A           1       5
+  Johnson, P. A.  F        A           1       5
+  Johnson, P. H.  F              F     3              3
+  Johnston, T. D. F        A           1       5
+  Juilliard       F              F     3       3
+  Kehoe           F              F     6
+  Leeds           F              F     6
+  Lightner        F              F     5       1
+  Macauley            A    A                   6
+  Maher           F              F     5       1
+  McClellan       F              F     4       2
+  McManus             A    A                   6
+  Melrose         F              F     6
+  Mendenhall      F              F     6
+  Moore           F                    2       3      1
+  Mott            F        A           2       4
+  Nelson          F              F     2       4
+  Odom            F              F     3       3
+  Otis            F              F     6
+  O'Neil              A    A                   6
+  Perine          F              F     5       1
+  Polsley         F              F     6
+  Preston         F              F     6
+  Pugh                A    A                   6
+  Pulcifer        F              F     6
+  Rech            F              F     6
+  Rutherford      F              F     6
+  Sackett         F              F     4              2
+  Schmitt                  A                   5      1
+  Silver          F              F     6
+  Stanton         F              F     6
+  Stuckenbruck    F              F     6
+  Telfer          F              F     6
+  Transue         F              F     6
+  Wagner          F        A           3       3
+  Webber          F              F     2       4
+  Wheelan         F                    1       3      2
+  Whitney         F              F     6
+  Wilson          F              F     6
+  Wyatt
+  Wyllie          F              F     6
+  Young           F              F     6
+________________________________________________________
+           Totals 67  10   19   57    321     137     16
+
+
+
+Table E-Records of the San Francisco Senate Delegation on Sixteen Test Votes
+
+                * indicates vote on side of Progress and Reform
+
+                 0 indicates vote against Progress and Reform
+
+            A       B       C         D         E       F        G       H
+______________________________________________________________________________
+            To     Test           To refer    To do   Second
+          admit    vote  Walker-    Local     away     Vote    First   Second
+           Bell     on    Otis   Option Bill  with    party    Vote     Vote
+           to     Direct  Bill.      to       Party   Circle Stanford Stanford
+         Caucus. Primary         Committee.  Circle.  Bill.    Bill.    Bill.
+______________________________________________________________________________
+  Senator Aye No Aye  No Aye  No  Aye   No   Aye  No Aye  No  Aye  No  Aye  No
+______________________________________________________________________________
+  Anthony  *          *   *        0              0   *                 *
+  Burnett      0      *   *        0              0       0             *
+  Finn         0  0           0    0              0       0    0            0
+  Hare            0           0    0          *       *        0            0
+  Hartman      0  0           0    0              0       0    0            0
+  Kennedy         0       *        0          *       *        0            0
+  Reily    *      0           0    0              0       0
+  Welch    *          *   *        0              0       0
+  Wolfe        0  0           0    0          *       *        0        *
+______________________________________________________________________________
+   Totals  3   4  6   3    4  5    9     0    3   6   4   5    5    0   3   4
+
+
+
+
+             I           J         K         L          M        N       O
+_______________________________________________________________________________
+
+          Test Vote               Local              Assembly  Change    To
+          Railroad    Initiative Option   Railroad   Amendment   of   reconsider
+         Regulation.  Amendment.  Bill.  Amendment.  to Direct  Venue Change of
+                                                     Primary.   Bill.
+Venue Bill.
+________________________________________________________________________________
+  Senator Aye    No    Aye   No  Aye  No  Aye   No    Aye  No  Aye No Aye    No
+________________________________________________________________________________
+  Anthony         0     *             0          0         *    0            0
+  Burnett         0                   0    *           0
+  Finn            0                   0          0     0        0            0
+  Hare            0     *             0                0        0            0
+  Hartman         0          0        0          0     0        0            0
+  Kennedy         0     *             0          0     0            *
+  Reily           0     *             0          0     0        0            0
+  Welch           0     *             0          0     0        0            0
+  Wolfe           0          0        0          0     0        0            0
+________________________________________________________________________________
+   Totals   0     9     5    2    0   9    1     7     8    1   7   1   0    7
+
+
+
+
+               P        Totals
+__________________________________
+              To
+         investigate   For  Against
+           Freight   Reform  Reform
+            Rates.
+__________________________________
+  Senator Aye    No
+__________________________________
+  Anthony         0      7       8
+  Burnett  *             5       7
+  Finn            0      0      15
+  Hare                   3      10
+  Hartman         0      0      16
+  Kennedy         0      5       9
+  Reily           0      2      12
+  Welch           0      4       9
+  Wolfe           0      3      13
+__________________________________
+   Totals  1      6     29      99
+
+
+
+Table F-Records of San Francisco Assembly Delegation on Eleven Test Votes
+
+                * indicates vote on side of Progress and Reform
+
+                  0 indicates vote against Progress and Reform
+
+(a) - Changed Vote from no to aye to give notice to reconsider.
+                        Was against the bill.
+
+                   A            B         C          D           E        F
+______________________________________________________________________________
+                Drew's                                                   To
+               Motion to    To Return  Vote on       To      To recall  amend
+                Reject     Walker-Otis Walker-   reconsider   S. J. R.  S. J.
+              Committee's    Bill to     Otis   Walker-Otis  No. 3 from R. No.
+                Rules.      Committee   Bill.      Bill.     Committee.  3.
+______________________________________________________________________________
+  Assemblymen  Aye    No    Aye    No   Aye No   Aye    No    Aye   No  Aye No
+______________________________________________________________________________
+  Beatty                           *     *               *               0
+  Beban                0     0               0    0                      0
+  Black         *            0               0    0
+  Callan        *                  *     *               *     *            *
+  Coghlan              0     0               0    0                      0
+  Collum        *            0               0                           0
+  Cullen               0     0               0    0                      0
+  Gerdes               0           *     *               *     *
+  Hopkins       *            0               0    0                      0
+  Lightner      *                  *     *               *               0
+  Macauley             0     0               0    0                  0   0
+  McManus              0     0               0    0                  0   0
+  Nelson               0     0           *               *           0   0
+  O'Neil        *            0               0    0                  0   0
+  Pugh                 0     0               0    0                  0   0
+  Perine               0           *     *               *               0
+  Schmitt              0     0                    0                  0
+  Wheelan       *                        *                           0   0
+______________________________________________________________________________
+       Totals   7     10    12     5     7  10    10     6     2     7  14  1
+
+
+
+
+                  G        H       I         J         K           Totals
+________________________________________________________________________________
+                          To    To deny
+              Test Vote  amend   Party    Vote on   Vote on
+              on Direct Islais   Circle   Stanford Judicial   For Against Absent
+              Primary.   Creek    Bill     Bill.    Column  Reform Reform
+                        Harbor   Second              Bill.
+                         Bill.  Reading.
+________________________________________________________________________________
+  Assemblymen  Aye  No  Aye No  Aye   No  Aye  No   Aye  No
+________________________________________________________________________________
+  Beatty        0            *        *         0    *         6      3      2
+  Beban         0        0       0              0         0    0      10     1
+  Black         0        0            *         0         0    2      7      2
+  Callan             *       *        *    *         *         11     0      0
+  Coghlan       0            *        *         0         0    2      8      1
+  Collum        0            *        *         0    *         4      5      2
+  Cullen        0        0       0                        0    0      9      2
+  Gerdes             *       *        *    *         *         9      1      1
+  Hopkins                                                      1      4      6
+  Lightner      0        0            *    *         *         7      3      1
+  Macauley      0        0       0                        0    0      10     1
+  McManus       0        0       0              0              0      10     1
+  Nelson        0            *        *         0         0    4      7      0
+  O'Neil        0        0            *                        2      7      2
+  Pugh          0            *                  0              1      8      2
+  Perine        0        0       0         *                   4      5      2
+  Schmitt       0            *             a*             0    2      6      3
+  Wheelan       0        0                      0              2      5      4
+________________________________________________________________________________
+       Totals   15   2   9   8   5    9    5    9    5    7    57    108   33
+
+
+
+Table G-Records of Out-Going Senators on Sixteen Test Votes
+
+          Must Be Re-Elected to Sit in Next Senate
+
+       * indicates vote on side of Progress and Reform
+
+         0 indicates vote against Progress and Reform
+
+               A       B       C         D         E       F        G
+________________________________________________________________________
+               To     Test           To refer    To do   Second
+             admit    vote  Walker-    Local     away     Vote    First
+              Bell     on    Otis   Option Bill  with    party    Vote
+              to     Direct  Bill.      to       Party   Circle Stanford
+            Caucus. Primary         Committee.  Circle.  Bill.    Bill.
+________________________________________________________________________
+   Senator   Aye No Aye  No Aye  No  Aye   No   Aye  No Aye  No  Aye  No
+________________________________________________________________________
+  Anthony     *          *   *        0              0   *
+  Bates           0  0       *              *        0       0         *
+  Bell                   *   *              *    *       *             *
+  Black       *          *   *              *        0   *             *
+  Boynton     *          *   *        0          *       *
+  Caminetti              *   *        0          *       *        0
+  Cartwright             *   *                   *       *             *
+  Curtin                 *   *              *        0                 *
+  Hartman         0  0           0    0              0       0    0
+  Kennedy            0       *        0          *       *        0
+  Leavitt         0  0           0          *    *       *             *
+  McCartney       0  0       *        0                                *
+  Miller                 *   *                   *       *             *
+  Price           0      *   *        0              0       0         *
+  Reily       *      0           0    0              0       0
+  Sanford                *   *        0          *       *             *
+  Savage      *      0       *        0              0       0         *
+  Weed            0  0           0          *        0       0
+  Willis          0  0       *              *    *       *        0
+  Wright          0      *   *              *    *       *             *
+________________________________________________________________________
+      Totals  5   8  9   11  16  4    10    8    10  9   12  6    4   12
+
+
+
+
+                H          I           J         K         L          M
+___________________________________________________________________________
+              Second    Test Vote               Local             Assembly
+               Vote     Railroad    Initiative Option   Railroad  Amendment
+             Stanford  Regulation.  Amendment.  Bill.  Amendment. to Direct
+               Bill.                                              Primary.
+___________________________________________________________________________
+   Senator    Aye  No   Aye    No    Aye   No  Aye  No  Aye   No    Aye No
+___________________________________________________________________________
+  Anthony      *                0     *             0          0         *
+  Bates        *                0          0                         0
+  Bell         *         *            *         *        *               *
+  Black        *         *            *         *                        *
+  Boynton                *            *         *        *               *
+  Caminetti    *         *            *             0    *               *
+  Cartwright   *         *                      *        *               *
+  Curtin       *         *                 0        0    *               *
+  Hartman          0            0          0        0          0     0
+  Kennedy          0            0     *             0          0     0
+  Leavitt          0            0          0        0          0     0
+  McCartney    *                0     *             0    *           0
+  Miller       *         *                 0    *        *               *
+  Price        *                0          0        0          0     0
+  Reily                         0     *             0          0     0
+  Sanford      *         *            *             0    *               *
+  Savage       *                0          0                   0     0
+  Weed                          0          0        0          0     0
+  Willis       *                0          0        0          0     0
+  Wright       *                0          0    *        *           0
+___________________________________________________________________________
+      Totals   14   3    8     12     9   10    6   12   9     9    11   9
+
+
+
+
+                O           P          Totals
+__________________________________________________
+                To          To
+            reconsider  investigate   For  Against
+             Change of    Freight   Reform  Reform
+            Venue Bill.    Rates.
+__________________________________________________
+   Senator   Aye    No   Aye    No
+__________________________________________________
+  Anthony            0           0     7      8
+  Bates              0           0     4     10
+  Bell        *           *           15      0
+  Black                               11      1
+  Boynton     *           *           13      1
+  Caminetti   *           *           12      3
+  Cartwright  *                       12      0
+  Curtin      *                       10      3
+  Hartman            0           0     0     16
+  Kennedy                        0     5      9
+  Leavitt            0           0     4     12
+  McCartney          0                 5      8
+  Miller      *                  0    11      2
+  Price              0                 4     11
+  Reily              0           0     2     12
+  Sanford     *           *           13      2
+  Savage             0           0     4     11
+  Weed               0           0     1     13
+  Willis             0           0     5     11
+  Wright             0           0     9      7
+__________________________________________________
+      Totals  7     11    4     10   147    140
+
+
+
+
+Table H-Records of Holdover Senators on Sixteen Test Votes
+
+      * indicates vote on side of Progress and Reform
+
+       0 indicates vote against Progress and Reform
+
+               A       B       C         D         E       F        G
+________________________________________________________________________
+               To     Test           To refer    To do   Second
+             admit    vote  Walker-    Local     away     Vote    First
+              Bell     on    Otis   Option Bill  with    party    Vote
+              to     Direct  Bill.      to       Party   Circle Stanford
+            Caucus. Primary         Committee.  Circle.  Bill.    Bill.
+________________________________________________________________________
+   Senator   Aye No Aye  No Aye  No  Aye   No   Aye  No Aye  No  Aye  No
+________________________________________________________________________
+  Bills           0  0       *              *        0       0         *
+  Birdsall    *          *   *        0              0   *
+  Burnett         0      *   *        0              0       0
+  Campbell               *   *              *    *       *
+  Cutten      *          *   *              *        0       0         *
+  Estudillo       0      *   *              *    *       *             *
+  Finn            0  0           0    0              0       0    0
+  Hare               0           0    0          *       *        0
+  Holohan                *   *        0          *       *
+  Hurd            0      *   *                       0       0         *
+  Lewis           0      *   *        0              0       0
+  Martinelli      0      *   *        0              0       0    0
+  Roseberry   *          *   *              *        0   *             *
+  Rush        *          *   *                       0   *             *
+  Stetson     *          *   *                           *             *
+  Strobridge  *          *   *        0              0       0         *
+  Thompson    *          *   *              *        0   *             *
+  Walker      *          *   *              *    *       *             *
+  Welch       *          *   *        0              0       0
+  Wolfe           0  0           0    0          *       *        0
+________________________________________________________________________
+      Totals  9   8  4   16  17  3    10    7    6   13  11  9    4   10
+
+
+
+
+               H          I           J         K         L          M
+___________________________________________________________________________
+             Second    Test Vote               Local             Assembly
+              Vote     Railroad    Initiative Option   Railroad  Amendment
+            Stanford  Regulation.  Amendment.  Bill.  Amendment. to Direct
+              Bill.                                              Primary.
+___________________________________________________________________________
+   Senator   Aye  No   Aye    No    Aye   No  Aye  No  Aye   No    Aye No
+___________________________________________________________________________
+  Bills       *                0          0        0          0     0
+  Birdsall              *            *             0    *               *
+  Burnett     *                0                   0    *           0
+  Campbell    *         *            *         *        *               *
+  Cutten      *         *            *         *        *               *
+  Estudillo   *                0     *         *              0         *
+  Finn            0            0                   0          0     0
+  Hare            0            0     *             0                0
+  Holohan     *         *                          0    *               *
+  Hurd                         0          0        0          0     0
+  Lewis       *         *                 0        0          0     0
+  Martinelli  *                0          0        0                0
+  Roseberry   *                      *         *        *               *
+  Rush        *                      *             0    *               *
+  Stetson     *         *            *
+  Strobridge  *         *                          0    *               *
+  Thompson    *         *            *         *        *               *
+  Walker      *                0     *         *        *               *
+  Welch                        0     *             0          0     0
+  Wolfe       *                0          0        0          0     0
+___________________________________________________________________________
+      Totals  2     8     10    11    5    6   13   10    7     9   10  9
+
+
+
+
+               N        O           P          Totals
+_________________________________________________________
+            Change     To           To
+              of   reconsider  investigate   For  Against
+             Venue  Change of    Freight   Reform  Reform
+             Bill. Venue Bill.    Rates.
+_________________________________________________________
+   Senator   Aye No  Aye    No   Aye    No
+_________________________________________________________
+  Bills       0             0            0     4     12
+  Birdsall        *   *           *           11      3
+  Burnett                         *            5      7
+  Campbell        *   *                       13      0
+  Cutten          *   *           *           14      2
+  Estudillo   0       *           *           12      4
+  Finn        0             0                  0     15
+  Hare        0             0            0     3     11
+  Holohan         *   *           *           11      2
+  Hurd        0             0            0     3     11
+  Lewis       0       *                  0     5     10
+  Martinelli  0             0            0     3     12
+  Roseberry       *   *           *           14      1
+  Rush                            *           10      2
+  Stetson         *   *                       10      0
+  Strobridge      *   *                       10      4
+  Thompson        *   *           *           15      1
+  Walker          *   *                       14      1
+  Welch       0             0            0     4      9
+  Wolfe       0             0            0     3     13
+_________________________________________________________
+      Totals  9   9   11    7     8      6   164    119
+
+
+
+
+   Table I-Records of Assemblymen on Four Test Votes on Anti-Japanese Bills
+
+                           F shows vote For the Bill
+
+                         A shows vote Against the Bill
+
+         * Leeds changed his vote from "no" to "aye" to give notice of
+                               reconsideration.
+
+                            A           B            C              D
+___________________________________________________________________________
+    Assembly Vote on    Assembly    Assembly     First Vote    Second Vote
+   Walker-Otis Bill.    Bill No.    Bill No.   Assembly Bill  Assembly Bill
+                           78.         32.        No. 14.        No. 14.
+___________________________________________________________________________
+       Assemblymen       Aye    No   Aye    No    Aye     No     Aye    No
+___________________________________________________________________________
+  Barndollar                   A           A             A              A
+  Baxter                 F           F            F              F
+  Beardslee                    A           A             A              A
+  Beatty                 F           F             F             F
+  Beban                        A     F            F                     A
+  Black                  F           F            F              F
+  Bohnett                      A           A      F                     A
+  Butler                       A           A      F              F
+  Callan                 F           F            F              F
+  Cattell                      A           A             A              A
+  Coghlan                      A                                        A
+  Cogswell                     A           A             A              A
+  Collier                      A           A             A              A
+  Collum                 F           F            F              F
+  Costar                       A           A             A              A
+  Cronin                 F           F            F              F
+  Cullen                 F           F            F              F
+  Dean                         A           A             A              A
+  Drew                   F           F
+  Feeley                       A           A             A              A
+  Flavelle                                                              A
+  Fleisher                     A           A             A              A
+  Flint                        A           A             A              A
+  Gerdes                                                         F
+  Gibbons                 F          F            F              F
+  Gillis                 F           F            F              F
+  Greer                        A           A             A              A
+  Griffiths                    A           A             A              A
+  Hammon                       A           A             A              A
+  Hanlon                       A           A             A              A
+  Hans                         A           A             A              A
+  Hawk                         A           A             A              A
+  Hayes                        A     F            F              F
+  Hewitt                       A           A             A              A
+  Hinkle                       A           A      F                     A
+  Holmquist                    A           A      F                     A
+  Hopkins                F           F            F              F
+  Irwin                  F                 A      F              F
+  Johnson, G. L.         F           F            F              F
+  Johnson, P. A.               A     F                   A              A
+  Johnson, P. H.         F           F            F              F
+  Johnston, T. D.              A     F            F              F
+  Juilliard              F           F            F              F
+  Kehoe                        A     F            F              F
+  Leeds                        A           A      F*                    A
+  Lightner                     A     F            F              F
+  Macauley               F           F            F              F
+  Maher                  F           F            F              F
+  McClellan                    A           A             A              A
+  McManus                      A     F            F              F
+  Melrose                      A           A             A              A
+  Mendenhall             F           F            F              F
+  Moore                        A           A             A              A
+  Mott                         A     F            F              F
+  Nelson                 F           F            F              F
+  Odom                               F            F              F
+  Otis                         A     F            F              F
+  O'Neil                 F           F            F              F
+  Perine                       A     F            F                     A
+  Polsley                F           F            F              F
+  Preston                F                 A      F                     A
+  Pugh                   F           F            F              F
+  Pulcifer                     A           A             A              A
+  Rech                         A           A             A              A
+  Rutherford                   A                                        A
+  Sackett                      A           A             A              A
+  Schmitt                      A     F            F                     A
+  Silver                       A     F            F                     A
+  Stanton                      A           A             A              A
+  Stuckenbruck           F           F            F              F
+  Telfer                 F           F            F              F
+  Transue                      A           A             A              A
+  Wagner                       A           A             A              A
+  Webber                 F                        F              F
+  Wheelan                F           F            F              F
+  Whitney                      A     F            F              F
+  Wilson                 F           F            F              F
+  Wyatt
+  Wyllie                       A           A      F                     A
+  Young                        A           A             A              A
+___________________________________________________________________________
+                Totals   28    48    39    35     46     28     37     41
+
+
+
+Outline of and Arguements in Favor of
+the Postal Direct Primary.
+
+
+
+By Senator L. H. Roseberry, Who Introduced the Postal Direct Primary
+Bill at the Session of 1909.
+
+
+
+In order to understand the full purpose and effect of the proposed
+Postal Direct Primary law, it is necessary to ascertain the purpose of
+any system of nominations by a Direct Primary.
+
+The sole complaint against the present system of nominations by
+conventions is based upon the objection that party nominations are made
+by a few interested parties, and that the popular choice is absolutely
+ignored. To remedy this evil the system of direct nominations by the
+voters has been suggested at primary elections. It therefore follows
+that that system, or primary, which will get out the largest number of
+votes or the greatest expression of the people on the choice of
+candidates is, of necessity, the best primary law. If it is true that
+all present direct primaries, which provide for voting at a certain time
+and place in person, in the form that general elections are now
+conducted, only draw out a little over one-half of the registered vote
+of all parties, it then follows beyond question, that all present direct
+primary laws are only half successful. Upon an examination of statistics
+gathered from the various States in which direct primary laws are now in
+operation, it is seen that only 55% to 60% of the registered vote within
+those States has ever been cast at any single primary election. For
+instance, at the primary election held in the State of Oregon in the
+fall of 1908, 55% of the registered Republican vote was cast, and less
+than 25% of the Democratic vote. In the State of Washington about 57% of
+the registered vote was cast in 1908, the only vote yet taken under the
+new Direct Primary law. In the State of Wisconsin, while 60% of the
+total registered vote was cast in 1906, only a little over 40% was cast
+at the primary election held In the year 1908. Other statistics could be
+offered from all the other States, having the direct primary system of
+nominations, from which it would appear that practically a little over
+55% or even less of the registered vote has been secured at any direct
+primary election. Therefore, based upon these figures, it becomes patent
+that the present form of direct nominations, to wit: voting at a certain
+time and place in person only, under the same rules and regulations as
+at general elections, is only half successful.
+
+It was for the purpose of bringing out at least a part of this great
+unvoted 45% of qualified electors, to take a part in naming the
+candidates who should go before the people at the general elections,
+that the Postal Direct Primary law was conceived.
+
+While there is no present example of the working of a system of direct
+nominations through a ballot cast through the mails for public
+officials, there are a number of instances in which ballots are being
+taken by mail with wonderful success and completeness. Formerly, labor
+unions, fraternal societies, chambers of commerce, Granger
+organizations, alumni associations, and other civic, religious and
+benevolent associations, balloted on propositions submitted to their
+membership in the form that primary and general elections are now held
+in public elections. The vote secured from their memberships was so
+meager and unsatisfactory that the system of voting by mail was
+inaugurated, and with such splendid results, that now it is being used
+exclusively by a majority of the above organizations, as a method of
+voting upon propositions and officers coming before them for election.
+Where only 10% to 15% of the votes were cast under the old plan of
+voting in person at a particular time and place, 75%, and even 90% of
+the votes are now cast through the mails, and it is significant to note
+that the plan of voting by mail has been found by the organizations
+using it to be free from any objections. This fact, together with the
+unanimous vote cast, led to the idea of casting votes by mail at direct
+primaries for the nomination of public officers by political parties.
+The system that has been proposed is extremely simple, and it appears
+highly reasonable and practicable. A short outline of the provisions of
+the bill will assist in an understanding of the arguments offered in its
+favor and those advanced to refute the objections urged against this
+Postal Direct Primary Act.
+
+In the first place, each elector, at the time of registering, declares
+his party allegiance, and this is entered upon his original affidavit of
+registration. At the same time, he is given a party voting number, which
+is written or printed upon his affidavit of registration. The Secretary
+of State, every four years, declares the color of ballots to be used by
+each party separately. For instance, all Republican ballots throughout
+the State, at every election must be printed upon pink colored paper and
+none other; the Democratic ballot upon white colored paper and none
+other, and so on among the other political parties.
+
+In order for a candidate's name to be proposed to go on to the primary
+ballot, it must be proposed by a prescribed number of qualified
+electors, within the district in which that candidate is to be elected,
+which names must be subscribed to a verified petition. This entitles the
+candidate's name to be printed upon the primary ballot. Within ten days
+before the primary, or return day, the clerk of the board or body which
+is delegated by law to prepare for election matters must print, prepare
+and send out, primary election ballots for each separate political party
+through the United States mails in the following manner: To each elector
+within the jurisdiction is mailed a plain unmarked envelope, addressed
+to the business or home address of each separate elector, containing a
+self-addressed and stamped return envelope, returnable to the Board of
+Election of that precinct, together with one party primary election
+ballot, for the use of that elector. If the elector happens to be a
+Republican the color of his ballot will be pink, and only the names of
+the Republican candidates will be printed thereon. On the outside end of
+the ballot is printed the elector's party voting number, which voting
+number is separate and distinct from every other voting number in that
+precinct. On the outside end of the return envelope is a line left for
+the original signature of the elector to whom the ballot is mailed,
+whereon he must either subscribe his signature in ink, or if he be an
+incapable voter, and is assisted, must have his own name subscribed
+thereon, together with the names of two freeholders in that precinct,
+who assisted him in voting. Upon receipt of the envelope containing his
+ballot, the voter marks a cross (X) at the names of the candidates for
+whom he votes, and then folds his ballot so that all the names thereon
+are turned inside and out of sight, and his party voting number appears
+on the outside end of the envelope. (In the same manner that he now
+folds his ballot at a general election.) He then encloses this ballot in
+the stamped return envelope, seals the same, signs his name on the end
+of the envelope, and deposits it in a postoffice box. It then goes to
+the postoffice directed by law, addressed to the Primary or Return
+Board, who alone are authorized by law to receive these envelopes from
+the postmaster, and then only on the day and hour designated by law and
+in public. Upon return day, the Board receives all of these primary
+election envelopes from the postoffice, takes them to a public place,
+and after counting the number received, and comparing with the number
+originally sent out, compares each signature on each envelope with the
+same signature subscribed on the original affidavit of registration, and
+if it be genuine, opening the envelope, removing the ballot therefrom,
+without opening the same, observing that the color of the ballot
+corresponds to the party color to which that elector belongs, then
+tearing off the voting number, which appears on the end of the ballot,
+after comparing it with the voting number written on that elector's
+affidavit of registration, and then finally depositing the ballot into a
+general ballot box, into which all the ballots of each political party
+are deposited. It will thus appear that every ballot has been checked in
+three ways to identify it as being the original ballot sent to that
+elector, and as the one cast personally by him: First, it was contained
+in an envelope bearing his original signature; it bore his own party
+voting number, which was separate and distinct from every other party
+voting number in that precinct, and was printed under the authority of
+law only upon one ballot, namely, the ballot he receives; and finally it
+was upon the color of paper which only the political party with which
+that elector was affiliated was allowed by law to use. Every other
+political party's ballots were printed upon different colored paper.
+
+This makes it practically impossible for any ballot to be cast or
+counted other than the one lawfully mailed and regularly received and
+voted and mailed in person by the elector to whom it was sent.
+
+Even the most prejudiced opponents of the Postal Direct Primary bill
+admit that there are no practical reasons why it would not operate very
+successfully in the rural districts and the smaller cities and towns.
+Such an admission is a very far-reaching argument for the bill as a
+general working measure for direct nominations. It is an open confession
+that the plan is workable and meritorious. The only objection that has
+been urged with any semblance of force is the argument that the ballot
+could be easily corrupted in large cities, where the opportunities for
+fraud are great, and where the intelligence and honesty of certain
+classes of voters is low. It is suggested with considerable merit that
+among the foreign and ignorant classes in the great centers of
+population, corruption of suffrage is a matter easily accomplished; that
+there would be many of such voters willing to lend themselves to any
+scheme to deliver their primary ballots to certain persons to be voted
+as they desired under the names of the Individual electors.
+
+At first blush, this argument appears to have some force, but upon close
+reading of the provisions of the bill, and its necessary effect upon the
+Practical operation of a primary campaign, it must be admitted that this
+sole objection is largely argumentative. In the first place, as pointed
+out above, each ballot must be cast by the person to whom it was sent,
+for it is contained in an envelope bearing the elector's own known
+signature. Therefore none other can vote the ballot. In the second
+place, the bill provides for extreme penal penalties for any one
+tampering with ballots, assisting a voter in the marking of a ballot
+(other than incapable voters), standing about and watching an elector
+mark his ballot, or in any wise influencing, or observing a voter in the
+marking of his ballot at the time it is voted, sealed in the envelope
+and dropped in the postoffice. All the penalties are for imprisonment
+and not for fines. This, then, will force any plan to secure ballots or
+corrupt the same to be done secretly and illegally. It must appear that
+there can be no extensive system of vote corruption carried on without
+discovery. It must further appear that there would be extremely few who
+would care to general or direct any extensive plan of corrupting or
+influencing primary ballots. It would be too risky a proceeding. If then
+votes were corrupted, it would have to be done very secretly and amongst
+only a trusted few. Therefore the percentage influenced in this manner
+could not be large.
+
+Another bar to any tampering with ballots would be the check which each
+political party and each candidate would have upon the other. It would
+be a matter of political capital for one party to detect leaders or
+organizations within another party tampering with or corrupting the vote
+at its primary election. The various candidates for the different
+offices within the same party would watch one another with extreme
+vigilance to detect any attempt to influence or corrupt the ballots
+against them.
+
+Lastly, it is suggested that because of the fact that these primary
+election ballots would be sent at the same time to thousands of
+different places throughout the precinct and city, and would be opened
+in offices and in homes on the same day, and in all probability fully
+75% of them would be voted and remailed on the same day received; that
+it would be practically impossible to devise any system that would reach
+out and get these countless ballots in a thousand different places
+within a space of a few hours or a day. They would be too scattered to
+be gotten hold of or traced with any degree of success.
+
+It must appear from a broad-minded consideration of the practical
+workings of this Postal Direct Primary law that there is no valid reason
+why it would not work with splendid success even in the congested and
+illiterate districts of our larger cities. But even admitting for the
+sake of argument that a certain percentage of the ignorant and vicious
+vote could be corrupted by the bosses, it certainly could not be large.
+It could not possibly exceed ten per cent of the registered vote. In
+light of the fact that this system would bring out at least twenty-five
+per cent more votes than any other primary law has ever succeeded in
+bringing out, it is seen at a glance that the corrupted vote would be
+far outweighed and overbalanced by the much larger percentage of decent
+vote that would be secured for the first time by means of this postal
+system of voting. The argument, then, is unanswerable in favor of this
+Postal Direct Primary law.
+
+And it would for the first time give the intelligent and honest elements
+in all political parties the direct control of the power of nomination
+for public offices. Moreover, the mere fact that it would cause a larger
+number of people to vote would be of inestimable value, for it would
+tend to rouse and awaken public interest in civic affairs and by thus
+doing would educate and train the minds of the better classes in
+election affairs, and could not help but raise the honesty and power of
+popular suffrage. In other words, it would accomplish in the fullest
+degree, the results sought to be obtained by every direct primary law,
+namely, a popular choice of candidates for public office, with the power
+of selection for once actually in the hands of the honest electors.
+
+In conclusion, it might be well to mention that this system of voting by
+mail would protect the suffrage of many of our best citizens, who, under
+present laws, are practically disfranchised. Such men are travelers, the
+sick, sailors, trainmen, and other men who, by reason of their
+occupation or misfortune, are forced to be absent from the place of
+their voting precincts on election day, but who could and would vote if
+an opportunity was extended to them to vote by mail. This would
+constitute no small class of voters.
+
+
+
+Dr. Montgomery's Report.
+
+55 Dr. Montgomery's report to the Senate was as follows:
+
+Palo Alto, Cal., March 22, 1909.
+
+Lieutenant-Governor Warren R. Porter,
+
+President State Senate, Sacramento, Cal.
+
+On the afternoon of March 21, 1909, about 4:30 p. m., J. L. Martin,
+Sergeant-at-Arms of the Senate of the State of California, called on me
+and informed me that I had been designated by the President of the
+Senate to proceed with him to Palo Alto, and to consult with the
+physicians of Senator Marshall Black, to ascertain if Senator Black's
+health was such as to permit him to go to Sacramento. I arrived at the
+office of Dr. Howard Black, Senator Black's physician, at about 9:30 p.
+m., March 21, 1909, and there met Dr. Howard Black, Dr. H. B. Reynolds,
+Dr. J. C. Spencer and Dr. R. L. Wilbur. These physicians said they had
+held a consultation and had made an examination of Senator Marshall
+Black that afternoon; according to their statement, Senator Marshall
+Black had arrived in Palo Alto about five days previously suffering from
+inflammation of the eyes, commonly called "pink eye," and that this
+inflammation of the eyes had almost entirely cleared up, but that the
+inflammation traveled down the throat and bronchial tubes. According to
+their statement to me on the evening of March 21, 1909, Senator Marshall
+Black was suffering from broncho-pneumonia, and symptoms of inflammation
+in the lower lobe of the left lung, the temperature that afternoon was
+ninety-nine and the pulse ninety. The heart was in good condition. The
+cough was severe and the expectoration abundant. I stated to these
+physicians that I was delegated by the Senate of the State of California
+to make a thorough and complete examination of Senator Black for the
+purpose of ascertaining at what time it would be safe for Senator Black
+to proceed to Sacramento. I was informed by Dr. Howard Black that
+Senator Marshall Black would not permit me to see him. I then asked
+Senator Black's physicians, individually and collectively, if in their
+opinion, in Senator Black's present physical condition any serious
+inconvenience or injury would accrue to Senator Black from a personal
+examination by me. They all stated that, on their part, they were
+perfectly willing that such examination should be held by the Senate
+physician, and that such an examination in their opinion could do no
+injury. I asked if the patient was in sound and disposing mind. I was
+answered he was. At about 10 a. m., March 22, 1909, I again called on
+Dr. Howard Black, renewing my request of the previous evening
+to see Senator Marshall Black. Senator Black, through the physician,
+still declined to receive me. I then asked Dr. Howard Black when, in his
+opinion, Senator Marshall Black would be in condition to proceed to
+Sacramento. He said that at the consultation of the previous day it was
+concluded that it would be a week before Senator Black would be in such
+a condition as to enable him with safety to undertake the Journey. As
+this consultation was held on March 21st, it would, in their opinion, be
+March 28th before Senator Black would be in a condition to proceed to
+Sacramento. I asked if, in his opinion, Senator Black was convalescing.
+He said that in his opinion he was. He said that Senator Black's
+temperature this morning was 100, his pulse 90, his cough still severe,
+and there still was evidence of inflammation in the lower lobe of the
+left lung. Personally, from what I know of Senator Black's physicians, I
+believe these facts to be true. Taking it for granted that these facts
+are true, I do not find that, from them alone, I can conclude that
+Senator Black is unable to proceed to Sacramento. In order to concur in
+this opinion of Senator Black's physicians I would have to see the
+patient.
+
+
+
+Douglass W. Montgomery, M. D.
+
+Delegated by Lieutenant-Governor Warren R. Porter to examine into the
+state of health of Senator Marshall Black.
+
+
+
+The Anti-Japanese Bill's Resolution.
+
+94 The resolution was in full as follows:
+
+Whereas, Assembly Bill, No. 14, introduced by Mr. Johnson of Sacramento,
+and reading as follows:
+
+
+
+An Act
+
+
+
+To Amend Section 1662 of the Political Code
+
+The people of the State of California, represented in Senate and
+Assembly, do enact as follows:
+
+Section 1. Section 1662 of the Political Code is hereby amended so as to
+read as follows:
+
+1662. Every school, unless otherwise provided by law, must be open for
+the admission of all children between six and twenty-one years of age
+residing in the district and the board of school trustees, or city board
+of education, have power to admit adults and children not residing in
+the district, whenever good reasons exist therefor. Trustees shall have
+the power to exclude children of filthy or vicious habits, or children
+suffering from contagious or infectious diseases, and also to establish
+separate schools for Indian children and for the children of Mongolian,
+or Japanese, or Chinese descent. When such separate schools are
+established, Indian, Chinese, Japanese or Mongolian children must not be
+admitted into any other school; provided, that in cities and towns in
+which the kindergarten has been adopted or may hereafter be adopted as
+part of the public primary schools, children may be admitted to such
+kindergarten classes at the age of four years; and provided further,
+that in cities or school districts in which separate classes have been
+or may hereafter be established, for the instruction of the deaf,
+children may be admitted to such classes at the age of three years.
+
+Is now pending before this Assembly; and
+
+Whereas, It has been represented by the President of the United States
+that the passage of this bill will, in some manner undisclosed, disturb
+the relations now existing between the government of the United States
+and the government of Japan; and
+
+Whereas, The President of the United States has made known to this
+Assembly, through the Governor of this State and through the Speaker of
+this Assembly, his wish that said bill be not passed; and
+
+Whereas, The President of the United States has caused it to be
+represented to this body that it is his judgment that said bill would
+conflict with the treaty now existing between the government of the
+United States and the government of Japan, and because of such conflict
+the passage of such bill would be beyond the power of the Legislature of
+this State, and
+
+Whereas, The Governor of this State and the Speaker of this Assembly
+have conveyed to this body their desire that this bill be not passed;
+and
+
+Whereas, It is the desire of this body to accede to the wishes of the
+Chief Executive of this State, and the Speaker of this Assembly;
+therefore be it
+
+Resolved, That it is fitting and proper that a statement of the position
+of this Assembly upon this question be made, to the end that a mistaken
+impression do not result from the failure of the Assembly to pass this
+bill; be it further
+
+Resolved, That such position is as follows:
+
+1. The school system of the State of California is an institution of the
+State alone, maintained, supported, conducted and controlled wholly
+under and in accordance with the powers reserved to the State.
+
+2. That the power to maintain, conduct and control the State school
+system has not been granted to the Federal Government.
+
+3. That the Legislature of California may properly pass any law relative
+to the school system of this State that in its judgment may seem best.
+
+4. That by said Assembly Bill No. 14 it is not designed to deprive
+children of Indian, Mongolian, Chinese, or Japanese descent of equal
+school privileges and opportunities, but, on the contrary, to these
+there shall be given, and for these there shall be provided the same
+privileges and opportunities as are given to and provided for all other
+children.
+
+5. That Assembly Bill No. 14 contemplates the establishment and
+maintenance of separate schools for different races, but all schools so
+established and maintained shall afford equal and the same facilities
+for instruction.
+
+6. That this Assembly recognize it to be a duty resting upon the State
+to furnish to children of Indian, Mongolian, Chinese, or Japanese
+descent the same facilities and opportunities as are furnished to
+children of other races and affirm that no more can be required and that
+nothing different is contemplated by said Act. That said Act gives to
+children of Indian, Mongolian, Chinese, or Japanese descent who are
+subjects of other countries the same rights and privileges as are given
+to native born citizens of California, and no power has the right to
+demand more. That this Assembly is disposed to accede to the wishes of
+the Federal Government as conveyed to us by the Governor of this State
+and the Speaker of this Assembly, but while doing so we reaffirm and
+reassert that the subject matter of Assembly Bill No. 14 is purely and
+exclusively a matter of State concern, falling within the reserve powers
+of the State, and violates no provision of the Federal Constitution.
+
+7. That it is the judgment of this Assembly that said bill does not
+conflict with the treaty existing between the government of the United
+States and the government of Japan, and that we recognize the authority
+to make treaties is by the Federal Constitution, vested in the President
+and Senate of the United States, we affirm that the right to administer
+our State school system can not be controlled by treaty made by the
+President and the Senate of the United States, nor by action of the
+President alone.
+
+8. And finally, while we recognize that Assembly Bill No. 14
+is drawn and could be passed by the Legislature of this State in full
+conformity with the powers reserved to the State and vouchsafed to it by
+the Federal Constitution, we are unwilling to do aught which may disturb
+the relations existing between this government and a friendly power, and
+for this reason alone, we recommend that Assembly Bill No. 14 be
+reconsidered and withdrawn.
+
+
+
+
+
+End of The Project Gutenberg Etext of The California Legislature of 1909
+