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
But two important railroad measures were finally passed by the
Legislature. The first of these was the "Full Crew bill," which required
adequate manning of railroad trains. After being held-up as long as the
machine dared, the bill was finally passed. But the "Full Crew bill" met
with one of those unfortunate "errors"[71] which played such important
parts in the passage of the Anti-Gambling bill and the Direct Primary
bill. When the Legislature had adjourned this error was discovered, and
Governor Gillett refused to sign the bill because of it.
The second important railroad measure passed was the Reciprocal
Demurrage bill, introduced in the Senate by Miller, and in the Assembly
by Drew. As finally passed the bill provides that railroad companies
which fail to supply shippers with cars when proper requisition has been
made for them, shall pay the injured shipper demurrage at the rate of $5
per car per day. On the other hand, shippers who fail to load or unload
cars after a stated time, are required to pay the railroad $6 daily as
demurrage. The extra dollar which the shippers are required to pay the
railroads is exacted to compensate the railroads for rental of the car.
Similar laws up to the time of the passage of the Miller-Drew bill had
been adopted by seventeen States of the Union, including Oregon and
Texas. During the recent car shortage, it is alleged that empty cars
needed in California, were sent into Oregon and into Texas, that the
railroads might escape the demurrage charges exacted in those two
States. California, without a demurrage law, was helpless. At the
session of 1907, however, the machine, in complete control of the
Senate, defeated a reciprocal demurrage bill. To be sure the demurrage
was higher in the measure proposed in 1907 than in that passed at the
session of 1909, but it was the principle of demurrage, not its amount,
that the machine was against in 1907. In 1909, however, not a Senator
voted against the bill. And in this connection there is a story told
which unquestionably had its bearing upon the fate of the Reciprocal
Demurrage bill at the 1909 session. The story deals with a political
adventure in the life of one Henry Lynch.
Mr. Lynch voted against reciprocal demurrage in 1907. He voted neither
for nor against reciprocal demurrage in 1909, for he was not at
Sacramento to vote. Mr. Lynch was not at Sacramento to vote in 1909, for
one reason at least, because he did vote against reciprocal demurrage in
1907.
Mr. Lynch hailed from the Thirty-first Senatorial District, which takes
in San Benito and San Luis Obispo counties. These counties are intensely
Republican; they are also farming communities. And since the one-time
Senator Lynch voted against the Reciprocal Demurrage bill, the farmers
have seen tons upon tons of their products rot in the fields because
they could not get cars to move their crops.
Public-domain text, read in full here on John Shaqi.
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