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.