Story of the Session of the California Legislature of 1909Hichborn, Franklin
History
Story of the Session of the California Legislature of 1909
Hichborn, Franklin
California -- Politics and government
Given the presiding officers of the Senate and Assembly and the
appointment of the Committees of both bodies, the machine minority in
the Legislature had comparatively little difficulty in preventing the
passage of desirable measures. Thus, the Commonwealth Club bills to
simplify and expedite proceedings in criminal cases, or, if you like, to
prevent quackery in the practice of the criminal law, were, by clever
manipulation, defeated, although if fairly presented to Senate and
Assembly they undoubtedly would have become laws[74].
But when it came to passing vicious measures in the face of the
opposition of the unorganized majority of both Houses, the machine had a
harder job on its hands. A majority vote of each House is required for
the passage of a measure. To get through its bills, then, the machine
had to create a situation in which vicious measures could be rushed
through without the unorganized reformers knowing what was being done.
By preventing action on a large majority of the measures pending before
the Legislature until the end of the session, such a situation was
created. In the confusion of the closing days of the session, not only
were good bills denied passage, but vicious bills, in spite of the
opposition of a majority of the Legislature, were passed. Some normally
anti-machine members in such a situation become worn out, get
discouraged and vote for machine policies to secure machine support for
measures, the passage of which their constituents at home are demanding.
Others, in the confusion of a whirlwind close of the session, vote for
measures which they have no time to read, and which they cannot
understand. Thus, even with a majority of Senate and Assembly against
machine policies, the clever machine leaders often slip through measures
which could not be passed early in the session, when the members have
opportunity to study the bills upon which they are called upon to act,
and before the ranks of the reform element have been broken.
This was very well illustrated at the Session of 1909 by the passage of
the so-called Change of Venue bill[74a]. This measure was introduced in
the Assembly by Grove L. Johnson. Under its provisions a person charged
with crime would have been permitted upon his whim or caprice to allege
bias and disqualify the Judge before whom he was to be tried. The
Legislature of 1907 was admittedly controlled by the machine, but even
the Legislature of 1907 did not dare pass the Change of Venue bill. The
reform Legislature of 1909, however, did pass it. The manner in which it
was passed is a lesson in machine methods. To the credit of Governor
Gillett let it be said, however, that he vetoed the measure[75].
Public-domain text, read in full here on John Shaqi.
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