Passage of the Walker-Otis Bill.
Anti-Machine Element Forced the Issue and Compelled Early Action on the
Measure - Evidence That Machine Planned to Defeat or Amend the Bill by
Delaying Its Passage Until Toward the End of the Session.
As one looks back over the exciting first five weeks of the session,
when the Walker-Otis bill was under consideration, it is plain that the
machine would have preferred to have made its initial fight in the
Senate. If defeated in the Senate, the enemies of the measure could have
jockeyed for delay, prevented the passage of the measure until the
closing hours of the session, and then killed it or forced its
supporters to accept amendments.
But the initial fight did not come in the Senate. The Assembly was the
battle-ground. The reason for this lies principally in the fact that
while Assemblyman W. B. Griffiths, of Napa, raises fast horses, he is not
a gambler, and is as much opposed to the bookmaking, pool-selling
features of the track as Senator Walker himself. Griffiths was made
chairman of the Assembly Committee on Public Morals. While this
committee has sundry sins to answer for, nevertheless it made an
astonishingly clean record on the Walker-Otis bill. On January 18, less
than three weeks after the Legislature had assembled, Chairman Griffiths
called his committee together to take up the Walker-Otis bill.
Of the nine members of the committee, seven were present, Mott and
Mendenhall alone failing to answer to their names. Those present were:
Griffiths, Cattell, Young, Dean, Perine, Fleisher and Wilson. The seven
members went through the bill paragraph by paragraph and decided
unanimously to recommend it for passage.
Had a dynamite bomb been set off under the Emeryville gambling
establishment, greater consternation could scarcely have seized upon the
pro-gambling element. The gamblers realized that the committee's prompt
action threatened the machine's plan to delay action on the measure
until the closing days of the session. For the moment all interest
centered in Mott and Mendenhall, the two members of the committee who
had been absent when the measure had been considered. Twenty-four hours
developed the fact that Mendenhall sanctioned the action of his seven
associates. This made eight of the nine committeemen for the bill. But
the ninth member, Assemblyman Mott of Alameda County, was very much
offended at what the committee had done.
Assemblyman Mott was elected as a Lincoln-Roosevelt League member.
Probably the Lincoln-Roosevelt League does not like to be reminded of
that unfortunate fact. But the lesson of Mr. Mott is so necessary for
the Lincoln-Roosevelt League and all other reform movements that the
conspicuous part which Mott played against reform policies cannot be too
much insisted upon. To be sure, Mr. Mott voted for the bill when it was
up for passage - the Lincoln-Roosevelt Republican platform of his county
pledged him to it. But there is a deal of difference between supporting
a measure and voting for it[26].
Mott was very much offended at what the committee had done and demanded
that another meeting be held. Such a meeting, to accommodate Mr. Mott,
was held - held in the office of Speaker Phil Stanton; held behind
closed doors; held with Jerk Burke, Southern Pacific lobbyist, safely
entrenched across the hall from Speaker Stanton's office in the back
office of Sergeant-at-Arms Stafford[27].
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.
There was just one more parliamentary move by which the Walker-Otis bill
could be delayed in the Assembly, to give notice of a motion to
reconsider the vote by which the measure had been passed. Grove L.
Johnson came to the rescue with the notice. This tied the bill up for
another twenty-four hours. On the 2nd Johnson made his motion to
reconsider but was defeated by a vote of nineteen to fifty-seven.
The table of the six votes on the Walker-Otis bill shows at a glance who
voted consistently for the measure on all of the numerous roll calls;
who voted consistently against it; and who were pulled backward and
forward, voting one moment to satisfy the public demand that the bill be
passed, and the next on the side of the gambling interests[31].
Public opinion was running high for the passage of the Walker-Otis bill
by the time the measure reached the Senate, after passing the Assembly,
but the bill might still have been held up in the Senate committee[32]
had it not been for the ridiculous attack which Tom Williams, president
of the California jockey Club, made upon all who supported the measure,
or all who Williams thought supported it.
The occasion was a public hearing before the Senate Committee on Public
Morals, at which Williams was asked to present the side of the opponents
of the bill. The crowd that filled the Senate chamber expected from
Williams some reasons why the measure should be denied passage, but it
was disappointed.
Instead of giving reasons in support of his position, Williams
introduced the methods of the barroom into the Senate chamber. He
dramatically gave Rev. Frank K. Baker, of Sacramento, the lie, under
conditions which stamped Williams as a bully and a coward. His
uncalled-for attack on Dr. Baker would have killed his argument, but not
content with this, he made probably the most astounding attack on the
Protestant clergy of the country ever heard in California, certainly the
most astonishing ever heard in the Senate chamber of the State[33].
The racetrack man's tirade did not give the reasons for continuance of
gambling, which the people expected to hear from him. Finally, when
Williams was swamped by questions which his insolence and tactlessness
had provoked, Senator Frank Leavitt came to his rescue by moving
adjournment. Leavitt's motion prevailed, but not until Williams had
effectively settled the fate of the Walker-Otis bill.
The Committee on Public Morals reported the bill back the next day with
the recommendation that it do not pass. The recommendation was that of
Weed, Wolfe and Leavitt. While Kennedy and Savage failed to vote for the
recommendation, they made no minority report. But even with the
unfavorable report, the measure passed the Senate by a vote of 33 to 7.
In the eleventh hour, uncertain Senators like Welch joined the winning
side, but the showing made by the gamblers was, all things considered,
better than could have been expected[34].
In the Senate and Assembly, out of a total vote of 120, the gambling
element, which had year after year succeeded in preventing the passage
of an anti-racetrack gambling bill, commanded on the measure's final
passage but seventeen votes. The incident illustrates what aroused
public opinion, when it finds expression in a definite plan of action,
can compel.
But even with the measure's final passage, the delays that attended it
continued. It passed the Senate on Thursday, February 4. By the
following Saturday, the measure had been correctly engrossed, but could
not go to the Governor until it had received the signature of Speaker
Stanton of the Assembly. Stanton was out of town. As a result, it was
February 10, six days after it had passed the Senate, before it went to
the Governor. Governor Gillett took nine days to sign it, the Senate
History showing that it was approved on February 19. Because of the
delays the gamblers were enabled to complete their season at the
Emeryville track.
[26] Of the six votes taken in the Assembly on the Walker-Otis bill
issue, Mott in effect voted four times against the immediate passage of
the measure. See Table "D."
[27] It was Jerk Burke's first appearance at the capital for the
session. The danger which threatened the gambling element brought to the
capital every machine lobbyist within reach, from Frank Daroux down. It
was an anxious hour for the machine.
[28] This first test vote in the Assembly on the Walker-Otis bill was as
follows:
For Mott's motion, and in effect against the bill: Baxter, Beardslee,
Beban, Black, Coghlan, Collum, Cullen, Greer, Hopkins, Johnson of
Sacramento (Grove L.), Johnson of San Diego, Johnston of Contra Costa,
Macauley, McManus, Moore, Mott, Nelson, Odom, O'Neil, Pugh, Schmitt,
Wagner, Webber. - 23.
Against Mott's motion, and in effect for the bill: Barndollar, Bratty,
Bohnett, Butler, Callan, Cattell, Collier, Costar, Cronin, Dean, Drew,
Flavelle, Fleisher, Flint, Gerdes, Gibbons, Gillis, Griffiths, Hammon,
Hanlon, Hans. Hawk, Hayes, Hewitt, Hinkle, Holmquist, Irwin, Johnson of
Placer, Juilliard, Kiwi, Leeds, Lightner, Maher, McClellan, Melrose,
Mendenhall, Otis, Perine, Polsley, Preston, Pulcifer, Rech, Rutherford,
Sackett, Silver, Stanton, Stuckenbruck, Telfer, Transue, Whitney,
Wilson, Wylie, Young - 53.
[29] The several votes taken on the Walker-Otis bill will be found In
the table "D" of the appendix.
[30] Johnson of Sacramento voted for the bill to give notice that he
would the next day move for its reconsideration. Reconsideration can be
secured only by a member voting with the majority. Had Johnson voted
against the bill he could not have secured its reconsideration.
[31] Attention is called to the vote on reconsideration of Assemblyman
Feeley, of Alameda, another Lincoln-Roosevelt member Mr. Feeley was
absent when the vote on Mott's motion was taken. But Mr. Feeley voted
for the bill when it was on final passage, thus keeping his record
straight. But Mr. Feeley hastened to vote for reconsideration of the
measure.
Mr. Feeley, like Mr. Mott, was nominated by the Lincoln-Roosevelt League
because he could be elected. Mr. Feeley furnishes another example of the
folly of which reformers are sometimes guilty, of nominating men whose
best recommendation seems to be that they can be elected. To be elected
is very important, to be sure; but if a man when elected to the
Legislature is to vote against reform policies, why should the
anti-machine element nominate him, thereby losing all the chance they,
might have had of electing a man who would be in sympathy with their
endeavors?
[32] In 1907, a measure similar to the Walker-Otis bill was killed in
this way. It passed the Assembly and was in the Senate referred to the
Senate Committee on Public Morals. The committee refused to report it
back to the Senate, and friends of the measure could not secure enough
votes on the floor of the Senate to compel the committee to act. The
committee (1907) consisted of Senators Irish, Leavitt, Lynch, Wolfe and
Kennedy. Irish and Lynch did not sit in the Senate of 1909, and could
not be reappointed to the committee. But Lieutenant- Governor Porter
distinguished himself by reappointing to the committee Wolfe, Leavitt
and Kennedy. Weed and Savage were added to take the places left vacant
by Irish and Lynch. Weed in 1907 voted with Leavitt, Wolfe and Kennedy
against compelling the committee to release the Anti-Racetrack Gambling
bill. Senator Savage (1907) voted for the bill's release, but Senator
Savage at the opening of the session of 1909, was at least counted as
opposed to the Walker-Otis bill. The gambling element had no complaint
to make of the Committee on Public Morals which Lieutenant- Governor
Porter had appointed.
[33] Williams was not the only gambler who injured the gamblers' cause
that night. Frank Daroux, keeper of the notorious Sausalito poolrooms,
interrupted A. J. Treat, of Sausalito, who was speaking for the
Walker-Otis bill, to demand of him how it is that at the polls the
gamblers of that city invariably defeat the anti-gambling element.
"You will remember, Mr. Daroux," came back Treat, "that at the last
general election you and I discussed that question?"
"Yes," was the reply.
"And I asked you why you were in politics?" continued Treat.
"Yes," said Daroux.
"And you told me," insisted Treat, "that you were in politics for
principle."
"Yes," admitted the pool seller.
"And I asked you how you spelt it then; and I ask you how you spell it
now?"
The crowd that packed the Senate Chamber, even the scores of racetrack
touts that had been rushed to Sacramento to give weight to the side of
the gamblers, went wild at this. Treat was cheered to the echo. Daroux
slunk back into his seat silenced and was not heard from again the whole
evening.
[34] The vote was as follows:
For the bill: Anthony, Bates, Bell, Bills, Birdsall, Black, Boynton,
Burnett, Caminetti, Campbell, Cartwright, Curtin, Cutten, Estudillo,
Holohan, Hurd, Kennedy, Lewis, Martinelli, McCartney, Miller, Price,
Roseberry, Rush, Sanford, Savage, Stetson, Strobridge, Thompson, Walker,
Welch, Willis, Wright - 33.
Against the bill: Finn, Hare, Hartman, Leavitt, Reily, Weed, Wolfe - 7.