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Story of the Session of the California Legislature of 1909

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Title: Story of the Session of the California Legislature of 1909

Author: Franklin Hichborn


        
Release date: November 1, 2001 [eBook #2896]
                Most recently updated: January 1, 2021

Language: English

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Credits: This Project Gutenberg Etext Prepared by David Schwan


*** START OF THE PROJECT GUTENBERG EBOOK STORY OF THE SESSION OF THE CALIFORNIA LEGISLATURE OF 1909 ***
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 Leg

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