Story of the Session of the California Legislature of 1909 Part 28

Senator Welch will be found voting with the majority. This reduces the number of holdover Senators who can be counted upon to accept Wolfe's leadership, machine Senators, if you like, to six. The line-up of the twenty holdovers, then, would on this basis be as follows:

Anti-machine - Birdsall, Cutten, Estudillo, Roseberry, Rush, Stetson, Strobridge, Thompson, Walker (Republicans), Campbell, Holohan (Democrats) - 11.

Doubtful - Burnett, Hurd (Republicans) - 2.

With the majority - Welch (Republican) - 1.

Machine - Bills, Finn, Lewis[103], Martinelli, Wolfe (Republicans), Hare (Democrat) - 6.

On this basis the anti-machine element will start with all the advantage in the struggle for control of the Senate in 1911. If Burnett and Hurd vote with the eleven anti-machine Senators, it will be necessary to elect only eight anti-machine Senators that the reform element may control the Senate. This will mean twenty-two votes for the reform element, for Welch, if he is to be judged by past performances, will be found with the majority.

From present indications, four important fights will be made at the Legislative session of 1911.

(1) To pa.s.s an effective railroad regulation measure and to amend those sections of the State Const.i.tution which prescribe the duties and powers of the Railroad Commissioners.

(2) To amend the Direct Primary law pa.s.sed at the session just closed to meet with the popular demand for an effective measure.

(3) To grant local option to the counties.

(4) To adopt an amendment to the State Const.i.tution granting the initiative to the electors of the State.

Significantly enough, the line-up of the holdover Senators in the Direct Primary deadlock of the last session was nine to eleven, the eleven Senators who divide but five machine votes between them standing out against Wolfe and Leavitt for an effective provision for the selection of United States Senators by State-wide vote, while the six machine Senators, the "bandwagon" Senator and the two doubtfuls, voted with Wolfe and Leavitt.

But the probabilities are that in the event of the anti-machine element controlling the Senate of 1911, Burnett, Hurd, Lewis, Martinelli and Welch would join with the reform forces to make necessary amendments to the measure. When the Direct Primary bill was first before the Senate, these five Senators united with the Good Government forces and a.s.sisted in defeating the machine's amendment. When the bill was amended in the a.s.sembly, however, the five flopped to the machine side. Indeed, only four of the twenty holdover Senators voted for the machine's amendments to the Direct Primary bill when the measure was first pa.s.sed upon by the Senate. They were Bills, Finn, Hare and Wolfe.

The holdover Senators made their poorest showing on the railroad measures. When the test came on the Stetson bill the twenty holdovers split even, ten being for the effective Stetson bill, ten for the ineffective Wright bill. The line-up was as follows:

For the Stetson bill - Birdsall, Campbell, Cutten, Holohan, Lewis, Roseberry, Rush, Stetson, Strobridge, Thompson - 10.

For the Wright bill - Bills, Burnett, Estudillo, Finn, Hare, Hurd, Martinelli, Walker, Welch, Wolfe - 10.

Lewis, who usually voted with the performers, voted for the Stetson bill. But the reform forces lost two votes, those of Walker and Estudillo. On another vote on the same issue, however, Burnett, Estudillo and Walker would probably be found with the anti-machine forces supporting an effective measure. This would make the vote of the holdover Senators, thirteen for effective railroad regulation, and seven for a measure of the Wright law variety.

The holdovers made a good showing on the Initiative amendment, eleven voting for it and five against it, four not voting at all. The vote was as follows:

For the Initiative - Birdsall, Campbell, Cutten, Estudillo, Hare, Roseberry, Rush, Stetson, Thompson, Walker, Welch - 11.

Against the Initiative - Bills, Hurd, Lewis, Martinelli, Wolfe - 5.

Not voting - Burnett, Finn, Holohan, Strobridge - 4.

Of the four who did not vote, three, Burnett, Holohan and Strobridge, would have voted for the amendment. Finn would probably have voted against it. This would have made the vote fourteen to six in the amendment's favor. It will be seen that those who would have the initiative granted the people, have a good start for the next session.

The outlook for local option is not so rea.s.suring. Of the holdover Senators who ordinarily were for measures which give the people a voice in the management of public affairs, Birdsall, Holohan, Rush and Strobridge were unalterably opposed to the local option idea. The six machine Senators, of course, opposed it, which with the votes of Burnett, Welch and Hurd placed thirteen of the twenty holdover Senators against the measure.

Six of the holdovers voted for the Local Option bill - Campbell, Cutten, Estudillo, Roseberry, Thompson and Walker.

Stetson was absent and did not vote. He, however, favored the bill. His vote would have made it 13 to 7. Thus on the vote on their bill at the last session, the local option forces have seven of the holdover Senators with them, and thirteen against.

On the other hand, seventeen of the holdover Senators voted for the Walker-Otis Anti-Racetrack Gambling bill, while only three, Finn, Hare and Wolfe, voted against it. Thus on the moral issue, as well as the political and the industrial, the anti-machine element is stronger in the holdover delegation in the Senate than is the machine. It rests with the good citizenship of California to maintain its advantage by electing to the Senate in 1910, men who will stand with the majority of the holdover members for the pa.s.sage of good and the defeat of vicious measures.

[103] Lewis voted with the anti-machine element in the Railroad Regulation fight, one of the most severe tests of the session. Persons who know Lewis well stated that he will, if the anti-machine forces be effectively organized at the session of 1911, be found against the machine. It is "up to Senator Lewis."

Chapter XXVII.

The Retiring Senators.

Of the Twenty Whose Terms of Office Will Have Expired, the Machine Loses Eleven, the Anti-Machine Element Seven - Two Who Voted With the Machine on Occasion Were Usually on the Side of Good Government.

Twenty of the forty Senators who sat in the Legislature of 1909, must, if they sit in the Legislature of 1911, be re-elected at the general elections in November 1910. They are: Senators Anthony of San Francisco, Bates of Alameda, Bell of Pasadena, Black of Santa Clara, Boynton of Yuba, Caminetti of Amador, Cartwright of Fresno, Curtin of Tuolumne, Hartman of San Francisco, Kennedy of San Francisco, Leavitt of Alameda, McCartney of Los Angeles, Miller of Kern, Price of Sonoma, Reily of San Francisco, Sanford of Mendocino, Savage of Los Angeles, Weed of Siskiyou, Willis of San Bernardino and Wright of San Diego.

By consulting Table A of the Appendix, it will be seen that on sixteen roll calls the forty members of the Senate of 1909 voted 570 times. Of the 570 votes 311 were cast against what are regarded as machine policies; 259 for such policies. Of the 311 anti-machine votes, 164 were cast by holdover Senators, and were considered in the last chapter, while 147 were cast by Senators whose successors will be elected in 1910. Thus it will be seen, that on this basis, more desirable Senators will hold over than those whose terms of office will have expired before the next Legislature convenes.

On the basis of the machine votes the result is as satisfactory. On the sixteen roll calls, 259 machine votes were cast. Of these 140 were cast by the retiring Senators, and only 119 by those who will hold over, and who will sit in the Legislature of 1911. So, on the whole, the machine loses and the people gain in the retirement of the twenty Senators.

In point of numbers the result is as satisfactory. The machine will lose eleven Senators: Bates, Hartman, Kennedy, Leavitt, McCartney, Price, Reily, Savage, Weed, Willis and Wright; while the anti-machine forces will lose only seven who can be counted constantly for reform policies: Bell, Black, Boynton, Caminetti, Cartwright, Miller and Sanford.

This leaves only Anthony and Curtin to be accounted for. Both these men stood out against the machine's amendments to the Direct Primary bill, Anthony in particular standing against the severest pressure that could be brought to compel him to vote against the interests of his const.i.tuents and of the State. But Anthony could not be moved. On the railroad measures, however, Anthony voted with the machine. But he voted for the Walker-Otis bill, and, generally speaking, for all measures which made for political reforms. With any sort of organization of the reform forces, Anthony could be counted upon as safe for reform. His record on the Direct Primary bill certainly ent.i.tles him to the highest consideration.

Curtin also was as a general thing with the reform element. He voted, however, against the bill to do away with the party circle and he voted against the Local Option bill, but in so doing he merely followed the lead of such men as Birdsall, who, while out and out against the machine, were at the same time against local option and lukewarm on ballot reform. Birdsall, however, finally voted for the bill to remove the party circle from the election ballot, although he had on the first ballot voted against the bill. Curtin did not, however, change his vote.

But Curtin did vote against the Initiative Amendment. On the other hand, Curtin's record on the Direct Primary bill, on the Railroad Regulation bills, and on the Anti-Gambling bill is all that could be desired.

While the retirement of all the Senators who do not hold over would strengthen the reform element in the Senate, nevertheless the State can ill afford to lose the services of the seven who stood out so valiantly against machine policies. Senator Bell heads the list, with Caminetti, Black, Boynton and Sanford close seconds.

Senator Bell not only made the best record made in the Senate of 1909, but he made the best record of the Senate of 1907. Conscientious, fully awake to the responsibilities of his position, alive to the tricks of the machine leaders, in constant attendance, Senator Bell proved himself during the two sessions that he has served in the Senate, a power for good government. His absence from the session of 1911 would be a loss to the State.

Senators Black and Boynton at the session of 1909 made records quite as good as that made by Senator Bell. On the sixteen roll calls taken as tests of the standing of the several Senators, Black voted but once against reform policies. On the first ballot on the Party Circle bill he voted against the measure, but the day following, corrected his mistake by voting for the measure. Boynton voted to return the Local Option bill to the Judiciary Committee, but at the final test his vote was recorded for the bill[103a]. Thus neither of the two Senators can be said to have voted with the machine even on comparatively unimportant issues.

Senator Caminetti probably gave the machine more worry during the session than any other one Senator. Caminetti has, a way of saying out loud what his anti-machine a.s.sociates are thinking, which is not at all popular with the machine. True to principle, he, a Democrat, voted for United States Senator Perkins because, from Caminetti's view-point, no other candidate came so near to being the popular choice of the people as Perkins, and Caminetti holds that the people and not the Legislature should select the United States Senator. The machine was glad of Caminetti's vote for Perkins, but was not at all pleased with the departure of a Democrat voting for a Republican. Caminetti's course continued in by all the members of the Legislature, and the machine would lose its monopoly of Federal Senator-making.

Caminetti's record is admirable. To be sure, he opposed Local Option, but he fought as few others fought for an effective Direct Primary law, for effective railroad regulation, in fact for practically all the reform policies which the anti-machine forces advocated and the machine opposed. Senator Sanford also voted for and worked for reform policies.

Like Caminetti, however, he opposed the Local Option bill and voted against it. Senator Miller, on the other hand, supported the Local Option bill, but slipped more seriously than did either Caminetti or Sanford, by voting with the machine Senators against the Initiative amendment. Miller's work for effective railroad regulation and for an effective Direct Primary law, won him the deserved admiration and confidence of the better element of the Legislature. Senator Cartwright voted but twelve times on the sixteen roll calls, but the twelve included the votes on the Direct Primary issues, on railroad regulation, and on all the moral issues considered. And each time, Senator Cartwright's vote was cast on the side of good government.

On the other side, the machine side, Senator Bates distinguished himself but once during the session. It was Senator Bates who, to oblige a friend, had the notorious Change of Venue bill placed on the Special Urgency File, thus making the pa.s.sage of the bill possible. Senator Bates' vote and influence - such as it was - were thrown in the balance against giving the people of California a State-wide vote - the only practical vote - for United States Senators. He voted against the effective Stetson bill; he voted for the ineffective Railroad Regulation bill. In fact, aside from the Walker-Otis bill, Bates was on the machine side of practically every issue[104].

Senator Hartman was during the session a mere machine vote. He was always on hand, always voted, and voted with the machine. It was Senator Hartman who named an employee of the notorious Sausalito gambling rooms for an important committee clerkship. So far as the writer can recall, Hartman made but two speeches during the session; one against the Walker-Otis Anti-Gambling bill, one against the Islais Creek Harbor bill, the pa.s.sage of which meant so much for San Francisco, the city, by the way, responsible for Hartman's presence at Sacramento.

On the sixteen roll calls under consideration, Hartman voted sixteen times for machine policies. As a vote, Hartman is a valuable machine a.s.set; otherwise a nonent.i.ty.

Those who have read the previous chapters have already formed their opinion of the advisability of returning to the Senate, Kennedy, the hero of the pa.s.sage of the Change of Venue bill; McCartney, the author of the famous amendment to the Direct Primary bill; Weed, who introduced the resolution to drag Senator Black from his sick bed at Palo Alto; Reily, who with Senator Hartman, alone of all the Senate stood out against the pa.s.sage of the Islais Creek Harbor bills; Willis, who as Chairman of the Judiciary Committee, backed such measures as the Change of Venue bill, and opposed such measures as the Commonwealth Club bills; Savage, who in committee and out of it, opposed the State-wide vote plan for nominating United States Senators, and Senator Price.

Price did not distinguish himself particularly. On the sixteen roll calls included in Table A, his vote was recorded against the machine as many as four times. But there were ten Senators who did even worse.

However, a story of the closing days of the session is quite characteristic of Senator Price.