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
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."
Public-domain text, read in full here on John Shaqi.
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