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
[74a] In 1907, the Change of Venue bill was slipped through the
Assembly, but in a form not to affect the San Francisco graft cases. In
the Senate, however, it was amended to apply to Ruef, Schmitz and their
associates. The exposure of this turn raised such a storm that the bill
was not brought to vote. However, on the night before adjournment, the
measure was slipped through the Senate as an amendment tacked on another
bill. But the trick was discovered in the Assembly and defeated.
[75] Governor Gillett's reasons for vetoing the bill are set forth in
footnote 1, Chapter 1.
[76] The Assembly vote on the change of venue bill was as follows:
For the Change of Venue bill - Barndollar, Beatty, Black, Cattell,
Coghlan, Collier, Collum, Cronin, Drew, Feeley, Flint, Gibbons,
Griffiths, Hammon, Hans, Hawk, Hayes, Hewitt, Hinkle, Holmquist, Johnson
of Sacramento, Johnson of San Diego, Juilliard, Lightner, Macauley,
Maher, McClellan, McManus, Melrose, Mendenhall, Moore, Mott, Pugh, Rech,
Schmitt, Silver, Stuckenbruck, Telfer, Transue, Wagner, Wheelan, and
Wilson - 42.
Against the Change of Venue bill - Baxter, Bohnett, Butler, Callan,
Cogswell, Dean, Gerdes, Gillis, Kehoe, Otis, Polsley, Preston, Sackett,
Whitney, and Young - 15.
[77] The Senate Judiciary Committee for example.
[76a] The Senators whose names are printed in italics became involved in
the confusion which led to the passage of the measure.
[78] The vote was as follows:
For the call of the Senate - Bell, Birdsall, Boynton, Caminetti,
Campbell, Cartwright, Curtin, Cutten, Estudillo, Holohan, Lewis, Miller,
Roseberry, Sanford, Stetson, Strobridge, Thompson, Walker - 18.
Against the call of the Senate - Anthony, Bates, Bills, Finn, Hare,
Hartman, Hurd, Leavitt, Martinelli, McCartney, Price, Reily, Savage,
Weed, Welch, Willis, Wolfe, Wright - 18.
Chapter XVII.
Passage of the Wheelan Bills.
Measures Extended Abuses Which the Commonwealth Club Bills Had Been
Drawn to Prevent - Went Through Both Houses Without the Members
Thoroughly Understanding Their Significance.
The so-called Wheelan bills were passed in much the same way as was the
Change of Venue bill. These measures will perhaps be better understood
in comparison with certain of the Commonwealth Club bills which were
considered in a previous chapter.
Among the Commonwealth bills was one which denied a defendant under
indictment a copy of the testimony taken in the Grand Jury room. The
measure was drawn on the theory that Grand Juries deal principally with
secret offenses, and that the testimony had better be brought out before
the trial Court. One object of the proposed law was to prevent the
defendant giving out testimony with the deliberate object of prejudicing
the entire community against him, and thus increasing the difficulty of
getting petty juries to try him.
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