The nineteen voted for the Anti-Racetrack Gambling bill, they voted

every time against the machine on the Direct Primary issue, only two of

them voted for the Change of Venue bill, only two of them voted against

the Railroad Regulation bill. These comparisons can be carried out

indefinitely, and always to the advantage of the nineteen.

Senator Wright is twentieth on the list; Senator Anthony is

twenty-first. Those who followed these two Senators through the Direct

Primary bill fight will see immediately that Wright has crowded into

undeserved standing. There is a very good reason for this. In the

Senate, the roll of Senators is called alphabetically, and Senator

Wright's name is the last on the list. A glance at the table will show

that Senator Wright did not vote once against the machine when his vote

would have decided the issue. He voted for the Anti-Racetrack Gambling

bill, but before him thirty-two Senators had voted for the bill, and

only seven against it. Wright's thirty-third affirmative vote counted

for nothing. On the other hand, when Wright's name was reached on roll

call on the Change of Venue bill, with the vote standing nineteen for

the bill and sixteen against, and twenty-one votes necessary for its

passage, Senator Wright cast the twentieth affirmative vote, thus

ensuring the measure's passage. In the same way, Senator Wright's vote

the following day, tied the score on the motion for a call of the

Senate, thus defeating the motion, and preventing reconsideration of the

Change of Venue bill which would have meant its defeat.

The query is: Had the vote on the Anti-Racetrack Gambling bill stood

nineteen against the bill, and twenty for, when Wright's name was

reached, with twenty-one votes necessary for its passage, would Wright's

vote have been cast for or against it? Any person who has any doubt on

the question, is referred to Senator Wright's part in the passage of the

amended Direct Primary bill, and in the defeat of the Stetson bill.

It is most advantageous to have one's name at the bottom of a roll call.

Senator Wright's position above that of Senators Anthony and Burnett,

emphasizes the necessity of considering these tables in connection with

the chapters dealing with the several issues involved. From the first

days of the session Senators Anthony and Burnett gave indications that

had the anti-machine forces been organized, they would have been found

consistently against the machine. At any rate, their records are

admittedly more creditable than that made by Senator Wright.

The Sixteen Test Votes.

Senator Bell did not vote in the Senate Republican caucus, nor did the

nine Democratic Senators. Thus in the sixteen votes recorded, Bell and

the Democratic members voted only fifteen times. An outline of each of

the several issues involved follows:

Senate A - The first test vote of the Republican majority which came in

the Republican caucus described in Chapter II, on motion to admit

Senator Bell to caucus privileges. Lost by a vote of 16 to 14.

Senate B - Vote on proposed McCartney Amendments to Direct Primary bill.

Amendments defeated by vote of 27 to 13. See Chapter IX.

Senate C - Senate vote on Anti-Racetrack Gambling bill. See Chapter VII.

Senate D - Vote on Wolfe's motion to send the Local Option bill back to

the Judiciary Committee. See Chapter XVIII.

Senate E - First vote on Senate Bill 220, abolishing the party circle on

the election ballot. Measure was defeated by vote of 15 to 23.

Senate F - Vote by which the above Senate Bill 220 was passed on

reconsideration. Note the Senators who changed to the side favoring the

measure.

Senate G - Test vote on Senate Bill 1144, known as the "Stanford Bill,"

which prohibited the sale of intoxicants within a mile and a half of a

University. The measure was aimed at the low groggeries maintained in

the vicinity of the campus at Stanford. It was fought by the same

tenderloin element that had opposed the Anti-Racetrack Gambling bill.

Senator Wolfe moved to amend the measure to exclude fraternal club

houses and hotels of fifty bed-rooms or more, from its provisions. The

amendment would have delayed and perhaps defeated the bill. Wolfe's

motion was defeated.

Senate H - Vote by which the above Senate Bill 1144 was finally passed.

Senate I - First test railroad vote in the Senate - Senator Stetson

moved that Stetson bill be substituted for the Wright bill. The motion

was defeated by a vote of 16 to 22. Had Rush and Roseberry been present

they would have voted on the side of the Stetson measure. This would

have made the vote twenty-two for the Wright bill, and eighteen for the

Stetson bill. See Chapter XIII.

Senate J - Vote on the Initiative Amendment. See Chapter XIX.

Senate K - Vote on the Local Option bill. See Chapter XVIII.

Senate L - Vote on Senate Constitutional Amendment No. 4, to eliminate

ambiguities from those sections of the State Constitution which

prescribe the powers and duties of the Railroad Commission. See Chapter

XIV.

Senate M - Vote on Assembly amendments to the Direct Primary bill.

Wright moved that the Senate concur in the amendments. The motion was

lost, but on Wolfe's motion to reconsider the vote, the Senate was held

in deadlock for more than a week. See Chapters X and XI.

Senate N - Vote on Change of Venue bill. See Chapter XVI.

Senate O - Vote on motion to reconsider vote by which Change of Venue

bill was passed. See Chapter XVI.

Senate P - Vote on Burnett's motion that the investigation into the

causes for the increase of freight and express rates be continued after

the Legislature adjourned. See Chapter XIV.

Tables B and C - Record of Assemblymen.

The two tables showing the votes of the members of the Assembly include

eleven test votes. The names of the Assemblymen are arranged as in the

case of the Senators with the names of those who made the best records

at the top.

It will be seen that fourteen Assemblymen voted against the machine on

every roll call, eight were absent on one roll call each, but voted the

ten times they were present against the machine, while three members

voted 'once each with the machine, and ten times against it. These

twenty-five members, voting 267 times, cast 264 votes on the side of

progress and reform, and three votes for machine policies. The record

indicates what might have been done in the Assembly had the reform

forces been organized. Indeed, the forty leading Assemblymen, casting

421 votes, cast only 48 votes for machine policies and 373 against.

The same considerations governed the selection of test votes in the

Assembly as in the Senate. The votes are as follows:

Assembly A - The first test vote in the Assembly was on Drew's

resolution to reject the report of the Committee on Rules. The

resolution was adopted, and the machine's plan to force "gag rules" on

the Assembly failed. See Chapter III Organization of the Assembly.

Assembly B - The test vote on the Anti-Racetrack Gambling bill. The

Committee on Public Morals had recommended that the bill "do pass." Mott

moved that the bill be re-referred to the committee. Motion lost by a

vote of 53 to 23. See Chapter VII.

Assembly C - Vote on the Anti-Racetrack Gambling bill. See Chapter VII.

Assembly D - Vote on motion to reconsider the vote by which the

Anti-Racetrack Gambling bill was passed. See Chapter VII.

Assembly E - The test railroad vote in the Assembly came on Drew's

motion to recall Senate Joint Resolution No. 3 from committee. The

resolution called for a line of government-owned steamships on the

Pacific from San Francisco to Panama. The resolution, having been

adopted by the Senate, went to the Assembly and was referred to the

Committee on Federal Relations. To hasten action on the resolution, Drew

moved that it be recalled from the committee. A two-thirds vote was

necessary for Drew's motion to prevail. The motion failed to carry by a

vote of 36 for to 29 against.

Assembly F - Vote on motion to strike out of Senate joint Resolution No.

3-considered under E - those sections which referred to Commissioner

Bristow's report recommending that the Government steamship line be

established, and criticizing the combinations made between the several

transportation companies. The motion prevailed by a vote of 43 to 30.

Assembly G - Assembly test vote on the Direct Primary bill. Vote taken

on Leed's motion that vote on United States Senators be advisory and by

districts. The motion prevailed by a vote of 38 to 36. See Chapter X.

Assembly H - Vote on proposed amendments to the Islais Creek Harbor

bill. Motion was made to amend by substituting 44 blocks for the 63

necessary for the improvement. Had this been done, the work would have

been made impracticable. Motion lost by a vote of 30 to 45. See Chapter

XXIII, "Influence of the San Francisco Delegation."

Assembly I - Leeds moved that Senate Bill 220 removing the party circle

from the election ballot be denied second reading. The motion prevailed

by a vote of thirty-six for, to thirty-five against.

Assembly J - Vote on Senate Bill 1144 (the Stanford bill), to prohibit

the sale of intoxicants within a mile and a half of Stanford University.

Assembly K - Vote on the Judicial Column bill. This measure provided

that the names of candidates for the Judiciary be placed in a separate

non-partisan column on the election ballot. The bill passed the Senate,

but was defeated in the Assembly.

The Other Tables.

Table D shows the six votes on the Anti-Racetrack Gambling bill. See

Chapter VII.

Tables E and F - Show the records of the San Francisco delegation in the

Senate and Assembly. See Chapter XXIII.

Table G - Shows the records on sixteen test votes of the twenty Senators

whose terms of office will have expired before the next session

convenes. See Chapter XXVII.

Table H - Shows the records on sixteen test votes of the twenty Senators

who were elected in 1908, and who hold over to serve in the session of

1911. See Chapter XXVI.

Table I - Shows records of the members of the Assembly on the four

principal votes arising out of the fight for the passage of the

so-called Anti-Japanese bills. See Chapter XX.

Table A-Records of Senators on Sixteen Test Votes

* indicates vote on side of Progress and Reform

0 indicates vote against Progress and Reform

A B C D E F G

__________________________________________________________________________

To Test To refer To do Second

admit vote Walker- Local away Vote First

Bell on Otis Option Bill with party Vote

to Direct Bill. to Party Circle Stanford

Caucus. Primary Committee. Circle. Bill. Bill.

__________________________________________________________________________

Senator Aye No Aye No Aye No Aye No Aye No Aye No Aye No

__________________________________________________________________________

1 Bell * * * * * *

2 Thompson * * * * 0 * *

3 Roseberry * * * * 0 * *

4 Walker * * * * * * *

5 Cutten * * * * 0 0 *

6 Campbell * * * * *

7 Boynton * * * 0 * *

8 Sanford * * 0 * * *

9 Cartwright * * * * *

10 Caminetti * * 0 * * 0

11 Estudillo 0 * * * * * *

12 Black * * * * 0 * *

13 Holohan * * 0 * *

14 Miller * * * * *

15 Birdsall * * * 0 0 *

16 Stetson * * * * *

17 Rush * * * 0 * *

18 Curtin * * * 0 *

19 Strobridge * * * 0 0 0 *

20 Wright 0 * * * * * *

21 Anthony * * * 0 0 *

22 Burnett 0 * * 0 0 0

23 McCartney 0 0 * 0 *

24 Kennedy 0 * 0 * * 0

25 Lewis 0 * * 0 0 0

26 Willis 0 0 * * * * 0

27 Welch * * * 0 0 0

28 Bates 0 0 * * 0 0 *

29 Price 0 * * 0 0 0 *

30 Savage * 0 * 0 0 0 *

31 Bills 0 0 * * 0 0 *

32 Leavitt 0 0 0 * * * *

33 Hare 0 0 0 * * 0

34 Hurd 0 * * 0 0 *

35 Martinelli 0 * * 0 0 0 0

36 Wolfe 0 0 0 0 * * 0

37 Reily * 0 0 0 0 0

38 Weed 0 0 0 * 0 0

39 Finn 0 0 0 0 0 0 0

40 Hartman 0 0 0 0 0 0 0

__________________________________________________________________________

Totals 14 16 13 27 33 7 20 15 16 22 23 15 8 22

H I J K L M

______________________________________________________________________________

Second Test Vote Local Assembly

Vote Railroad Initiative Option Railroad Amendment

Stanford Regulation. Amendment. Bill. Amendment. to Direct

Bill. Primary.

______________________________________________________________________________

Senator Aye No Aye No Aye No Aye No Aye No Aye No

______________________________________________________________________________

1 Bell * * * * * *

2 Thompson * * * * * *

3 Roseberry * * * * *

4 Walker * 0 * * * *

5 Cutten * * * * * *

6 Campbell * * * * * *

7 Boynton * * * * *

8 Sanford * * * 0 * *

9 Cartwright * * * * *

10 Caminetti * * * 0 * *

11 Estudillo * 0 * * 0 *

12 Black * * * * *

13 Holohan * * 0 * *

14 Miller * * 0 * * *

15 Birdsall * * 0 * *

16 Stetson * * *

17 Rush * * 0 * *

18 Curtin * * 0 0 * *

19 Strobridge * * 0 * *

20 Wright * 0 0 * * 0

21 Anthony * 0 * 0 0 *

22 Burnett * 0 0 * 0

23 McCartney * 0 * 0 * 0

24 Kennedy 0 0 * 0 0 0

25 Lewis * * 0 0 0 0

26 Willis * 0 0 0 0 0

27 Welch 0 * 0 0 0

28 Bates * 0 0 0

29 Price * 0 0 0 0 0

30 Savage * 0 0 0 0

31 Bills * 0 0 0 0 0

32 Leavitt 0 0 0 0 0 0

33 Hare 0 0 * 0 0

34 Hurd 0 0 0 0 0

35 Martinelli * 0 0 0 0

36 Wolfe * 0 0 0 0 0

37 Reily 0 * 0 0 0

38 Weed 0 0 0 0 0

39 Finn 0 0 0 0 0

40 Hartman 0 0 0 0 0 0

___________________________________________________________________________

Totals 29 5 16 22 20 15 12 25 19 16 20 19

N O P

__________________________________________________________________

To Test Totals

Change To To

of reconsider investigate For Against Absent

Venue Change of Freight Reform Reform

Bill. Venue Bill. Rates.

__________________________________________________________________

Senator Aye No Aye No Aye No

__________________________________________________________________

1 Bell * * * 15 0 0

2 Thompson * * * 15 1 0

3 Roseberry * * * 14 1 1

4 Walker * * 14 1 1

5 Cutten * * * 14 2 0

6 Campbell * * 13 0 2

7 Boynton * * * 13 1 2

8 Sanford * * * 13 2 0

9 Cartwright * * 12 0 3

10 Caminetti * * * 12 3 0

11 Estudillo 0 * * 12 4 0

12 Black * * * 11 1 4

14 Miller 0 * 11 2 2

15 Birdsall * * * 11 3 2

16 Stetson * * 10 0 6

17 Rush * 10 2 4

18 Curtin * * 10 3 2

19 Strobridge * * 10 4 2

20 Wright 0 0 0 9 7 0

21 Anthony 0 0 7 8 1

22 Burnett * 5 7 4

23 McCartney 0 0 5 8 3

24 Kennedy * 0 5 9 1

25 Lewis 0 * 0 5 10 1

26 Willis 0 0 0 5 11 0

27 Welch 0 0 4 9 3

28 Bates 0 0 0 4 10 2

29 Price 0 0 4 11 1

30 Savage 0 0 0 4 11 1

31 Bills 0 0 0 4 12 0

32 Leavitt 0 0 0 4 12 0

33 Hare 0 0 3 10 2

34 Hurd 0 0 0 3 11 2

35 Martinelli 0 0 0 3 12 1

36 Wolfe 0 0 0 3 13 0

37 Reily 0 0 0 2 12 2

38 Weed 0 0 0 1 13 2

39 Finn 0 0 0 0 15 1

40 Hartman 0 0 0 0 16 0

_________________________________________________________________

Totals 21 16 18 18 12 16 311 259 60

Table B-Records of Assemblymen on Eleven Test Votes

Forty Members Making Best Records

* indicates vote on side of Progress and Reform

0 indicates vote against Progress and Reform

A B C D E F

_________________________________________________________________________________

Drew's To

Motion to To Return Vote on To To recall amend

Reject Walker-Otis Walker- reconsider S. J. R. S. J.

Committee's Bill to Otis Walker-Otis No. 3

from R. No.

Rules. Committee Bill. Bill. Committee. 3.

_________________________________________________________________________________

Assemblymen Aye No Aye No Aye No Aye No Aye

No Aye No

_________________________________________________________________________________

1 Bohnett * * * * *

*

2 Callan * * * * *

*

3 Cattell * * * * *

*

4 Costar * * * * *

*

5 Gibbons * * * * *

*

6 Hewitt * * * * *

*

7 Johnson, P. H. * * * * *

*

8 Mendenhall * * * * *

*

9 Polsley * * * * *

*

10 Preston * * * * *

*

11 Telfer * * * * *

*

12 Whitney * * * * *

*

13 Wilson * * * * *

*

14 Young * * * * *

*

15 Cogswell * * * *

*

16 Drew * * * * *

*

17 Gillis * * * *

*

18 Juilliard * * * *

*

19 Kehoe * * * *

*

20 Maher * * * *

*

21 Sackett * * * * *

*

22 Wyllie * * * *

*

23 Flint * * * * *

*

24 Hinkle * * * * *

*

25 Stuckenbruck * * * * *

*

26 Gerdes 0 * * * *

27 Holmquist 0 * * * *

*

28 Otis * * * * * 0

29 Irwin * * * *

*

30 Rutherford * * * * * 0

31 Griffiths 0 * * * *

32 Odom * 0 * * *

33 Hayes * * * *

0 *

34 Lightner * * * * 0

35 Melrose * * * * * 0

36 Silver * * * * * 0

37 Beatty * * * 0

38 Cronin * * * * * 0

39 Barndollar 0 * * * * 0

40 Rech * * * * 0 0

________________________________________________________________________________

Totals 32 4 1 38 40 0 0 40 33

2 9 28

G H I J K Totals

__________________________________________________________________________________

To To deny

Test Vote amend Party Vote on Vote on

on Direct Islais Circle Stanford Judicial For

Against Absent

Primary. Creek Bill Bill. Column Reform Reform

Harbor Second Bill.

Bill. Reading.

__________________________________________________________________________________

Assemblymen Aye No Aye No Aye No Aye No Aye No

__________________________________________________________________________________

1 Bohnett * * * * * 11 0 0

2 Callan * * * * * 11 0 0

3 Cattell * * * * * 11 0 0

4 Costar * * * * * 11 0 0

5 Gibbons * * * * * 11 0 0

6 Hewitt * * * * * 11 0 0

7 Johnson, P. H. * * * * * 11 0 0

8 Mendenhall * * * * * 11 0 0

9 Polsley * * * * * 11 0 0

10 Preston * * * * * 11 0 0

11 Telfer * * * * * 11 0 0

12 Whitney * * * * * 11 0 0

13 Wilson * * * * * 11 0 0

14 Young * * * * * 11 0 0

15 Cogswell * * * * * 10 0 1

16 Drew * * * * 10 0 1

17 Gillis * * * * * 10 0 1

18 Juilliard * * * * * 10 0 1

19 Kehoe * * * * * 10 0 1

20 Maher * * * * * 10 0 1

21 Sackett * * * * 10 0 1

22 Wyllie * * * * * 10 0 1

23 Flint * * 0 * * 10 1 0

24 Hinkle * * 0 * * 10 1 0

25 Stuckenbruck * 0 * * * 10 1 0

26 Gerdes * * * * * 9 1 1

27 Holmquist * * * * 0 9 2 0

28 Otis * * 0 * * 9 2 0

29 Irwin * 0 * 0 * 8 2 1

30 Rutherford 0 * * * 0 8 3 0

31 Griffiths * * 0 * 7 2 2

32 Odom * 0 * * 7 2 2

33 Hayes * 0 0 * 7 3 1

34 Lightner 0 0 * * * 7 3 1

35 Melrose 0 * 0 * 0 7 4 0

36 Silver * 0 0 * 0 7 4 0

37 Beatty 0 * * 0 * 6 3 2

38 Cronin 0 * 0 0 6 4 1

39 Barndollar 0 * 0 * 0 6 5 0

40 Rech 0 * 0 * 0 6 5 0

__________________________________________________________________________________

Totals 7 33 6 34 10 28 36 2 31 7 373 48 19

Table C-Records of Assemblymen on Eleven Test Votes

Forty Members Making Poorest Records

* indicates vote on side of Progress and Reform

0 indicates vote against Progress and Reform

(a) - Changed Vote from no to aye to give notice to reconsider.

Was against the bill.

A B C D E

____________________________________________________________________________

Drew's

Motion to To Return Vote on To To recall

Reject Walker-Otis Walker- reconsider S. J. R.

Committee's Bill to Otis Walker-Otis No. 3 from

Rules. Committee Bill. Bill. Committee.

____________________________________________________________________________

Assemblymen Aye No Aye No Aye No Aye No Aye No

____________________________________________________________________________

41 Hammon * * * *

42 Hawk 0 * * * *

43 Stanton 0 * * * *

44 Transue 0 * * *

45 Hanlon * * * * 0

46 Wagner * 0 * 0 *

47 Webber * 0 * * 0

48 Butler * * * 0

49 Collum * 0 0

50 Dean 0 * * * 0

51 Perine 0 * * *

52 Pulcifer 0 * * * 0

53 Collier 0 * * * 0

54 Moore 0 0 * 0

55 Leeds 0 * * * 0

56 Nelson 0 0 * * 0

57 Fleisher 0 * * * 0

58 Flavelle 0 * * * 0

59 McClelland 0 * * * 0

60 Beardslee 0 0 * 0 0

61 Hans 0 * * * 0

62 Johnson, G. L. 0 0 * 0 0

63 Baxter 0 0 0

64 Wheelan * * 0

65 Schmidt 0 0 0 0

66 Black * 0 0 0

67 O'Neil * 0 0 0 0

68 Coghlan 0 0 0 0

69 Hopkins * 0 0 0

70 Johnson, T. D. 0 0 * 0 0

71 Pugh 0 0 0 0 0

72 Feeley 0 * 0 0

73 Johnson, P. A. 0 0 * 0 0

74 Greer 0 0 * 0 0

75 Mott 0 0 * 0 0

76 Cullen 0 0 0 0

77 Beban 0 0 0 0

78 Macauley 0 0 0 0 0

79 McManus 0 0 0 0 0

____________________________________________________________________________

Totals 9 28 22 15 27 10 19 17 3 27

Totals from Table B 32 4 1 38 40 0 0 40 33 2

Grand Total 41 32 23 53 67 10 19 57 36 29

F G H I J K

_______________________________________________________________________

To To To deny

amend Test Vote amend Party Vote on Vote on

S. J. on Direct Islais Circle Stanford Judicial

R. No. Primary. Creek Bill Bill. Column

3. Harbor Second Bill.

Bill. Reading.

_________________________________________________________________________

Assemblymen Aye No Aye No Aye No Aye No Aye No Aye No

_________________________________________________________________________

41 Hammon 0 0 0 *

42 Hawk * 0 0 0 0

43 Stanton 0 0 * 0 0

44 Transue 0 0 * 0 * 0

45 Hanlon 0 0 0 0 * 0

46 Wagner 0 0 * 0 * 0

47 Webber *

48 Butler 0 0 * 0

49 Collum 0 0 * * 0 *

50 Dean 0 * 0 0

51 Perine 0 0 0 0 *

52 Pulcifer 0 0 0 *

53 Collier 0 0 0 0 *

54 Moore 0 * * 0 0 *

55 Leeds 0 0 * 0 0 0

56 Nelson 0 0 * * 0 0

57 Fleisher 0 0 0

58 Flavelle 0 0 0 0

59 McClelland 0 0 0 0 0

60 Beardslee 0 * 0 0 * 0

61 Hans 0 0 0 0 0 0

62 Johnson, G. L. 0 0 0 * * 0

63 Baxter 0 0 * *

64 Wheelan 0 0 0 0

65 Schmidt 0 * * (a) 0

66 Black 0 0 * 0 0

67 O'Neil 0 0 0 *

68 Coghlan 0 0 * * 0 0

69 Hopkins 0

70 Johnson, T. D. 0 0 0

71 Pugh 0 0 * 0

72 Feeley 0 0 0 0 0 0

73 Johnson, P. A. 0 0 0 0 0

74 Greer 0 0 0 0 0 0

75 Mott 0 0 0 0 0 0

76 Cullen 0 0 0 0 0

77 Beban 0 0 0 0 0 0

78 Macauley 0 0 0 0 0

79 McManus 0 0 0 0 0

_________________________________________________________________________

Totals 34 2 31 3 24 11 26 7 9 15 4 22

Totals from Table B 9 28 7 33 6 34 10 28 36 2 31 7

Grand Total 43 30 38 36 30 45 36 35 45 17 35 29

Totals

___________________________________________

For Against Absent

Reform Reform

___________________________________________

Assemblymen

___________________________________________

42 Hawk 5 5 1

43 Stanton 5 5 1

44 Transue 5 5 1

45 Hanlon 5 6 0

46 Wagner 5 6 0

47 Webber 4 2 5

48 Butler 4 4 3

49 Collum 4 5 2

50 Dean 4 5 2

51 Perine 4 5 2

52 Pulcifer 4 5 2

53 Collier 4 6 1

54 Moore 4 6 1

55 Leeds 4 7 0

56 Nelson 4 7 0

57 Fleisher 3 5 3

58 Flavelle 3 6 2

59 McClelland 3 7 1

60 Beardslee 3 8 0

61 Hans 3 8 0

62 Johnson, G. L. 3 8 0

63 Baxter 2 5 4

64 Wheelan 2 5 4

65 Schmidt 2 6 3

66 Black 2 7 2

67 O'Neil 2 7 2

68 Coghlan 2 8 1

69 Hopkins 1 4 6

70 Johnson, T. D. 1 7 3

71 Pugh 1 8 2

72 Feeley 1 9 1

73 Johnson, P. A. 1 9 1

74 Greer 1 10 0

75 Mott 1 10 0

76 Cullen 0 9 2

77 Beban 0 10 1

78 Macauley 0 10 1

79 McManus 0 10 1

________________________________________

Totals 107 258 64

Totals from Table B 373 48 19

Grand Total 480 306 83

Table D-Record of Assemblymen on Anti-Racetrack Gambling Bill

(Walker-Otis Bill)

F shows vote For the Bill

A shows vote Against the Bill

A B C D

__________________________________________________________

Assembly Vote Motion to Reconsider Butler's Motion to

on Walker-Otis Return Bill Defeat of Motion Put Bill

Bill. to Mott's to Amend on its

Committee. Motion. Bill. Passage.

__________________________________________________________

Assemblymen Aye No Aye No Aye No Aye No

__________________________________________________________

Barndollar F F F A

Baxter A A A A

Beardslee A A A A

Beatty F F F

Beban A A A A

Black A A A A

Bohnett F F F F

Butler F F A A

Callan F F F F

Cattell F F F F

Coghlan A A A A

Cogswell F F F

Collier F F F F

Collum A A A A

Costar F F F F

Cronin F F F F

Cullen A A A

Dean F F F F

Drew F F F F

Feeley A A A

Flavelle F F F F

Fleisher F F F F

Flint F F F F

Gerdes F F F F

Gibbons F A F

Gillis F F F F

Greer A A A A

Griffiths F F F F

Hammon F F F F

Hanlon F F F F

Hans F F F F

Hawk F A F F

Hayes F F F F

Hewitt F F F F

Hinkle F F F F

Holmquist F F F F

Hopkins A A A A

Irwin F A A A

Johnson, G. L. A A A A

Johnson, P. A. A A A A

Johnson, P. H. F

Johnston, T. D. A A A A

Juilliard F A A A

Kehoe F F F F

Leeds F F F F

Lightner F F F A

Macauley A A A A

Maher F F F A

McClellan F A F A

McManus A A A A

Melrose F F F F

Mendenhall F F F F

Moore A A F A

Mott A A F A

Nelson A A A A

Odom A A F A

Otis F F F F

O'Neil A A A A

Perine F F F A

Polsley F F F F

Preston F F F F

Pugh A A A A

Pulcifer F F F F

Rech F F F F

Rutherford F F F F

Sackett F F

Schmitt A A A A

Silver F F F F

Stanton F F F F

Stuckenbruck F F F F

Telfer F F F F

Transue F F F F

Wagner A A F F

Webber A A A A

Wheelan A A A

Whitney F F F F

Wilson F F F F

Wyatt

Wyllie F F F F

Young F F F F

__________________________________________________________

Totals 23 53 30 48 23 52 44 32

E F Totals

__________________________________________________________

Assembly Vote Vote Vote on For Against

on Walker-Otis on Motion to the the Absent.

Bill. Bill. Reconsider. Bill. Bill.

__________________________________________________________

Assemblymen Aye No Aye No

__________________________________________________________

Barndollar F F 5 1

Baxter A 5 1

Beardslee F A 1 5

Beatty F F 5 1

Beban A A 6

Black A A 6

Bohnett F F 6

Butler F F 4 2

Callan F F 6

Cattell F F 6

Coghlan A A 6

Cogswell F F 5 1

Collier F F 6

Collum A 5 1

Costar F F 6

Cronin F F 6

Cullen A A 5 1

Dean F F 6

Drew F F 6

Feeley F A 1 4 1

Flavelle F F 6

Fleisher F F 6

Flint F F 6

Gerdes F F 6

Gibbons F F 4 1 1

Gillis F F 6

Greer F A 1 5

Griffiths F F 6

Hammon F F 6

Hanlon F F 6

Hans F F 6

Hawk F F 5 1

Hayes F F 6

Hewitt F F 6

Hinkle F F 6

Holmquist F F 6

Hopkins A A 6

Irwin F F 3 3

Johnson, G. L. F A 1 5

Johnson, P. A. F A 1 5

Johnson, P. H. F F 3 3

Johnston, T. D. F A 1 5

Juilliard F F 3 3

Kehoe F F 6

Leeds F F 6

Lightner F F 5 1

Macauley A A 6

Maher F F 5 1

McClellan F F 4 2

McManus A A 6

Melrose F F 6

Mendenhall F F 6

Moore F 2 3 1

Mott F A 2 4

Nelson F F 2 4

Odom F F 3 3

Otis F F 6

O'Neil A A 6

Perine F F 5 1

Polsley F F 6

Preston F F 6

Pugh A A 6

Pulcifer F F 6

Rech F F 6

Rutherford F F 6

Sackett F F 4 2

Schmitt A 5 1

Silver F F 6

Stanton F F 6

Stuckenbruck F F 6

Telfer F F 6

Transue F F 6

Wagner F A 3 3

Webber F F 2 4

Wheelan F 1 3 2

Whitney F F 6

Wilson F F 6

Wyatt

Wyllie F F 6

Young F F 6

________________________________________________________

Totals 67 10 19 57 321 137 16

Table E-Records of the San Francisco Senate Delegation on Sixteen Test Votes

* indicates vote on side of Progress and Reform

0 indicates vote against Progress and Reform

A B C D E F G H

______________________________________________________________________________

To Test To refer To do Second

admit vote Walker- Local away Vote First Second

Bell on Otis Option Bill with party Vote Vote

to Direct Bill. to Party Circle Stanford Stanford

Caucus. Primary Committee. Circle. Bill. Bill. Bill.

______________________________________________________________________________

Senator Aye No Aye No Aye No Aye No Aye No Aye No Aye No Aye No

______________________________________________________________________________

Anthony * * * 0 0 * *

Burnett 0 * * 0 0 0 *

Finn 0 0 0 0 0 0 0 0

Hare 0 0 0 * * 0 0

Hartman 0 0 0 0 0 0 0 0

Kennedy 0 * 0 * * 0 0

Reily * 0 0 0 0 0

Welch * * * 0 0 0

Wolfe 0 0 0 0 * * 0 *

______________________________________________________________________________

Totals 3 4 6 3 4 5 9 0 3 6 4 5 5 0 3 4

I J K L M N O

_______________________________________________________________________________

Test Vote Local Assembly Change To

Railroad Initiative Option Railroad Amendment of reconsider

Regulation. Amendment. Bill. Amendment. to Direct Venue Change of

Primary. Bill.

Venue Bill.

________________________________________________________________________________

Senator Aye No Aye No Aye No Aye No Aye No Aye No Aye No

________________________________________________________________________________

Anthony 0 * 0 0 * 0 0

Burnett 0 0 * 0

Finn 0 0 0 0 0 0

Hare 0 * 0 0 0 0

Hartman 0 0 0 0 0 0 0

Kennedy 0 * 0 0 0 *

Reily 0 * 0 0 0 0 0

Welch 0 * 0 0 0 0 0

Wolfe 0 0 0 0 0 0 0

________________________________________________________________________________

Totals 0 9 5 2 0 9 1 7 8 1 7 1 0 7

P Totals

__________________________________

To

investigate For Against

Freight Reform Reform

Rates.

__________________________________

Senator Aye No

__________________________________

Anthony 0 7 8

Burnett * 5 7

Finn 0 0 15

Hare 3 10

Hartman 0 0 16

Kennedy 0 5 9

Reily 0 2 12

Welch 0 4 9

Wolfe 0 3 13

__________________________________

Totals 1 6 29 99

Table F-Records of San Francisco Assembly Delegation on Eleven Test Votes

* indicates vote on side of Progress and Reform

0 indicates vote against Progress and Reform

(a) - Changed Vote from no to aye to give notice to reconsider.

Was against the bill.

A B C D E F

______________________________________________________________________________

Drew's To

Motion to To Return Vote on To To recall amend

Reject Walker-Otis Walker- reconsider S. J. R. S. J.

Committee's Bill to Otis Walker-Otis No. 3 from R. No.

Rules. Committee Bill. Bill. Committee. 3.

______________________________________________________________________________

Assemblymen Aye No Aye No Aye No Aye No Aye No Aye No

______________________________________________________________________________

Beatty * * * 0

Beban 0 0 0 0 0

Black * 0 0 0

Callan * * * * * *

Coghlan 0 0 0 0 0

Collum * 0 0 0

Cullen 0 0 0 0 0

Gerdes 0 * * * *

Hopkins * 0 0 0 0

Lightner * * * * 0

Macauley 0 0 0 0 0 0

McManus 0 0 0 0 0 0

Nelson 0 0 * * 0 0

O'Neil * 0 0 0 0 0

Pugh 0 0 0 0 0 0

Perine 0 * * * 0

Schmitt 0 0 0 0

Wheelan * * 0 0

______________________________________________________________________________

Totals 7 10 12 5 7 10 10 6 2 7 14 1

G H I J K Totals

________________________________________________________________________________

To To deny

Test Vote amend Party Vote on Vote on

on Direct Islais Circle Stanford Judicial For Against Absent

Primary. Creek Bill Bill. Column Reform Reform

Harbor Second Bill.

Bill. Reading.

________________________________________________________________________________

Assemblymen Aye No Aye No Aye No Aye No Aye No

________________________________________________________________________________

Beatty 0 * * 0 * 6 3 2

Beban 0 0 0 0 0 0 10 1

Black 0 0 * 0 0 2 7 2

Callan * * * * * 11 0 0

Coghlan 0 * * 0 0 2 8 1

Collum 0 * * 0 * 4 5 2

Cullen 0 0 0 0 0 9 2

Gerdes * * * * * 9 1 1

Hopkins 1 4 6

Lightner 0 0 * * * 7 3 1

Macauley 0 0 0 0 0 10 1

McManus 0 0 0 0 0 10 1

Nelson 0 * * 0 0 4 7 0

O'Neil 0 0 * 2 7 2

Pugh 0 * 0 1 8 2

Perine 0 0 0 * 4 5 2

Schmitt 0 * a* 0 2 6 3

Wheelan 0 0 0 2 5 4

________________________________________________________________________________

Totals 15 2 9 8 5 9 5 9 5 7 57 108 33

Table G-Records of Out-Going Senators on Sixteen Test Votes

Must Be Re-Elected to Sit in Next Senate

* indicates vote on side of Progress and Reform

0 indicates vote against Progress and Reform

A B C D E F G

________________________________________________________________________

To Test To refer To do Second

admit vote Walker- Local away Vote First

Bell on Otis Option Bill with party Vote

to Direct Bill. to Party Circle Stanford

Caucus. Primary Committee. Circle. Bill. Bill.

________________________________________________________________________

Senator Aye No Aye No Aye No Aye No Aye No Aye No Aye No

________________________________________________________________________

Anthony * * * 0 0 *

Bates 0 0 * * 0 0 *

Bell * * * * * *

Black * * * * 0 * *

Boynton * * * 0 * *

Caminetti * * 0 * * 0

Cartwright * * * * *

Curtin * * * 0 *

Hartman 0 0 0 0 0 0 0

Kennedy 0 * 0 * * 0

Leavitt 0 0 0 * * * *

McCartney 0 0 * 0 *

Miller * * * * *

Price 0 * * 0 0 0 *

Reily * 0 0 0 0 0

Sanford * * 0 * * *

Savage * 0 * 0 0 0 *

Weed 0 0 0 * 0 0

Willis 0 0 * * * * 0

Wright 0 * * * * * *

________________________________________________________________________

Totals 5 8 9 11 16 4 10 8 10 9 12 6 4 12

H I J K L M

___________________________________________________________________________

Second Test Vote Local Assembly

Vote Railroad Initiative Option Railroad Amendment

Stanford Regulation. Amendment. Bill. Amendment. to Direct

Bill. Primary.

___________________________________________________________________________

Senator Aye No Aye No Aye No Aye No Aye No Aye No

___________________________________________________________________________

Anthony * 0 * 0 0 *

Bates * 0 0 0

Bell * * * * * *

Black * * * * *

Boynton * * * * *

Caminetti * * * 0 * *

Cartwright * * * * *

Curtin * * 0 0 * *

Hartman 0 0 0 0 0 0

Kennedy 0 0 * 0 0 0

Leavitt 0 0 0 0 0 0

McCartney * 0 * 0 * 0

Miller * * 0 * * *

Price * 0 0 0 0 0

Reily 0 * 0 0 0

Sanford * * * 0 * *

Savage * 0 0 0 0

Weed 0 0 0 0 0

Willis * 0 0 0 0 0

Wright * 0 0 * * 0

___________________________________________________________________________

Totals 14 3 8 12 9 10 6 12 9 9 11 9

O P Totals

__________________________________________________

To To

reconsider investigate For Against

Change of Freight Reform Reform

Venue Bill. Rates.

__________________________________________________

Senator Aye No Aye No

__________________________________________________

Anthony 0 0 7 8

Bates 0 0 4 10

Bell * * 15 0

Black 11 1

Boynton * * 13 1

Caminetti * * 12 3

Cartwright * 12 0

Curtin * 10 3

Hartman 0 0 0 16

Kennedy 0 5 9

Leavitt 0 0 4 12

McCartney 0 5 8

Miller * 0 11 2

Price 0 4 11

Reily 0 0 2 12

Sanford * * 13 2

Savage 0 0 4 11

Weed 0 0 1 13

Willis 0 0 5 11

Wright 0 0 9 7

__________________________________________________

Totals 7 11 4 10 147 140

Table H-Records of Holdover Senators on Sixteen Test Votes

* indicates vote on side of Progress and Reform

0 indicates vote against Progress and Reform

A B C D E F G

________________________________________________________________________

To Test To refer To do Second

admit vote Walker- Local away Vote First

Bell on Otis Option Bill with party Vote

to Direct Bill. to Party Circle Stanford

Caucus. Primary Committee. Circle. Bill. Bill.

________________________________________________________________________

Senator Aye No Aye No Aye No Aye No Aye No Aye No Aye No

________________________________________________________________________

Bills 0 0 * * 0 0 *

Birdsall * * * 0 0 *

Burnett 0 * * 0 0 0

Campbell * * * * *

Cutten * * * * 0 0 *

Estudillo 0 * * * * * *

Finn 0 0 0 0 0 0 0

Hare 0 0 0 * * 0

Holohan * * 0 * *

Hurd 0 * * 0 0 *

Lewis 0 * * 0 0 0

Martinelli 0 * * 0 0 0 0

Roseberry * * * * 0 * *

Rush * * * 0 * *

Stetson * * * * *

Strobridge * * * 0 0 0 *

Thompson * * * * 0 * *

Walker * * * * * * *

Welch * * * 0 0 0

Wolfe 0 0 0 0 * * 0

________________________________________________________________________

Totals 9 8 4 16 17 3 10 7 6 13 11 9 4 10

H I J K L M

___________________________________________________________________________

Second Test Vote Local Assembly

Vote Railroad Initiative Option Railroad Amendment

Stanford Regulation. Amendment. Bill. Amendment. to Direct

Bill. Primary.

___________________________________________________________________________

Senator Aye No Aye No Aye No Aye No Aye No Aye No

___________________________________________________________________________

Bills * 0 0 0 0 0

Birdsall * * 0 * *

Burnett * 0 0 * 0

Campbell * * * * * *

Cutten * * * * * *

Estudillo * 0 * * 0 *

Finn 0 0 0 0 0

Hare 0 0 * 0 0

Holohan * * 0 * *

Hurd 0 0 0 0 0

Lewis * * 0 0 0 0

Martinelli * 0 0 0 0

Roseberry * * * * *

Rush * * 0 * *

Stetson * * *

Strobridge * * 0 * *

Thompson * * * * * *

Walker * 0 * * * *

Welch 0 * 0 0 0

Wolfe * 0 0 0 0 0

___________________________________________________________________________

Totals 2 8 10 11 5 6 13 10 7 9 10 9

N O P Totals

_________________________________________________________

Change To To

of reconsider investigate For Against

Venue Change of Freight Reform Reform

Bill. Venue Bill. Rates.

_________________________________________________________

Senator Aye No Aye No Aye No

_________________________________________________________

Bills 0 0 0 4 12

Birdsall * * * 11 3

Burnett * 5 7

Campbell * * 13 0

Cutten * * * 14 2

Estudillo 0 * * 12 4

Finn 0 0 0 15

Hare 0 0 0 3 11

Holohan * * * 11 2

Hurd 0 0 0 3 11

Lewis 0 * 0 5 10

Martinelli 0 0 0 3 12

Roseberry * * * 14 1

Rush * 10 2

Stetson * * 10 0

Strobridge * * 10 4

Thompson * * * 15 1

Walker * * 14 1

Welch 0 0 0 4 9

Wolfe 0 0 0 3 13

_________________________________________________________

Totals 9 9 11 7 8 6 164 119

Table I-Records of Assemblymen on Four Test Votes on Anti-Japanese Bills

F shows vote For the Bill

A shows vote Against the Bill

* Leeds changed his vote from "no" to "aye" to give notice of

reconsideration.

A B C D

___________________________________________________________________________

Assembly Vote on Assembly Assembly First Vote Second Vote

Walker-Otis Bill. Bill No. Bill No. Assembly Bill Assembly Bill

78. 32. No. 14. No. 14.

___________________________________________________________________________

Assemblymen Aye No Aye No Aye No Aye No

___________________________________________________________________________

Barndollar A A A A

Baxter F F F F

Beardslee A A A A

Beatty F F F F

Beban A F F A

Black F F F F

Bohnett A A F A

Butler A A F F

Callan F F F F

Cattell A A A A

Coghlan A A

Cogswell A A A A

Collier A A A A

Collum F F F F

Costar A A A A

Cronin F F F F

Cullen F F F F

Dean A A A A

Drew F F

Feeley A A A A

Flavelle A

Fleisher A A A A

Flint A A A A

Gerdes F

Gibbons F F F F

Gillis F F F F

Greer A A A A

Griffiths A A A A

Hammon A A A A

Hanlon A A A A

Hans A A A A

Hawk A A A A

Hayes A F F F

Hewitt A A A A

Hinkle A A F A

Holmquist A A F A

Hopkins F F F F

Irwin F A F F

Johnson, G. L. F F F F

Johnson, P. A. A F A A

Johnson, P. H. F F F F

Johnston, T. D. A F F F

Juilliard F F F F

Kehoe A F F F

Leeds A A F* A

Lightner A F F F

Macauley F F F F

Maher F F F F

McClellan A A A A

McManus A F F F

Melrose A A A A

Mendenhall F F F F

Moore A A A A

Mott A F F F

Nelson F F F F

Odom F F F

Otis A F F F

O'Neil F F F F

Perine A F F A

Polsley F F F F

Preston F A F A

Pugh F F F F

Pulcifer A A A A

Rech A A A A

Rutherford A A

Sackett A A A A

Schmitt A F F A

Silver A F F A

Stanton A A A A

Stuckenbruck F F F F

Telfer F F F F

Transue A A A A

Wagner A A A A

Webber F F F

Wheelan F F F F

Whitney A F F F

Wilson F F F F

Wyatt

Wyllie A A F A

Young A A A A

___________________________________________________________________________

Totals 28 48 39 35 46 28 37 41

Outline of and Arguements in Favor of

the Postal Direct Primary.

By Senator L. H. Roseberry, Who Introduced the Postal Direct Primary

Bill at the Session of 1909.

In order to understand the full purpose and effect of the proposed

Postal Direct Primary law, it is necessary to ascertain the purpose of

any system of nominations by a Direct Primary.

The sole complaint against the present system of nominations by

conventions is based upon the objection that party nominations are made

by a few interested parties, and that the popular choice is absolutely

ignored. To remedy this evil the system of direct nominations by the

voters has been suggested at primary elections. It therefore follows

that that system, or primary, which will get out the largest number of

votes or the greatest expression of the people on the choice of

candidates is, of necessity, the best primary law. If it is true that

all present direct primaries, which provide for voting at a certain time

and place in person, in the form that general elections are now

conducted, only draw out a little over one-half of the registered vote

of all parties, it then follows beyond question, that all present direct

primary laws are only half successful. Upon an examination of statistics

gathered from the various States in which direct primary laws are now in

operation, it is seen that only 55% to 60% of the registered vote within

those States has ever been cast at any single primary election. For

instance, at the primary election held in the State of Oregon in the

fall of 1908, 55% of the registered Republican vote was cast, and less

than 25% of the Democratic vote. In the State of Washington about 57% of

the registered vote was cast in 1908, the only vote yet taken under the

new Direct Primary law. In the State of Wisconsin, while 60% of the

total registered vote was cast in 1906, only a little over 40% was cast

at the primary election held In the year 1908. Other statistics could be

offered from all the other States, having the direct primary system of

nominations, from which it would appear that practically a little over

55% or even less of the registered vote has been secured at any direct

primary election. Therefore, based upon these figures, it becomes patent

that the present form of direct nominations, to wit: voting at a certain

time and place in person only, under the same rules and regulations as

at general elections, is only half successful.

It was for the purpose of bringing out at least a part of this great

unvoted 45% of qualified electors, to take a part in naming the

candidates who should go before the people at the general elections,

that the Postal Direct Primary law was conceived.

While there is no present example of the working of a system of direct

nominations through a ballot cast through the mails for public

officials, there are a number of instances in which ballots are being

taken by mail with wonderful success and completeness. Formerly, labor

unions, fraternal societies, chambers of commerce, Granger

organizations, alumni associations, and other civic, religious and

benevolent associations, balloted on propositions submitted to their

membership in the form that primary and general elections are now held

in public elections. The vote secured from their memberships was so

meager and unsatisfactory that the system of voting by mail was

inaugurated, and with such splendid results, that now it is being used

exclusively by a majority of the above organizations, as a method of

voting upon propositions and officers coming before them for election.

Where only 10% to 15% of the votes were cast under the old plan of

voting in person at a particular time and place, 75%, and even 90% of

the votes are now cast through the mails, and it is significant to note

that the plan of voting by mail has been found by the organizations

using it to be free from any objections. This fact, together with the

unanimous vote cast, led to the idea of casting votes by mail at direct

primaries for the nomination of public officers by political parties.

The system that has been proposed is extremely simple, and it appears

highly reasonable and practicable. A short outline of the provisions of

the bill will assist in an understanding of the arguments offered in its

favor and those advanced to refute the objections urged against this

Postal Direct Primary Act.

In the first place, each elector, at the time of registering, declares

his party allegiance, and this is entered upon his original affidavit of

registration. At the same time, he is given a party voting number, which

is written or printed upon his affidavit of registration. The Secretary

of State, every four years, declares the color of ballots to be used by

each party separately. For instance, all Republican ballots throughout

the State, at every election must be printed upon pink colored paper and

none other; the Democratic ballot upon white colored paper and none

other, and so on among the other political parties.

In order for a candidate's name to be proposed to go on to the primary

ballot, it must be proposed by a prescribed number of qualified

electors, within the district in which that candidate is to be elected,

which names must be subscribed to a verified petition. This entitles the

candidate's name to be printed upon the primary ballot. Within ten days

before the primary, or return day, the clerk of the board or body which

is delegated by law to prepare for election matters must print, prepare

and send out, primary election ballots for each separate political party

through the United States mails in the following manner: To each elector

within the jurisdiction is mailed a plain unmarked envelope, addressed

to the business or home address of each separate elector, containing a

self-addressed and stamped return envelope, returnable to the Board of

Election of that precinct, together with one party primary election

ballot, for the use of that elector. If the elector happens to be a

Republican the color of his ballot will be pink, and only the names of

the Republican candidates will be printed thereon. On the outside end of

the ballot is printed the elector's party voting number, which voting

number is separate and distinct from every other voting number in that

precinct. On the outside end of the return envelope is a line left for

the original signature of the elector to whom the ballot is mailed,

whereon he must either subscribe his signature in ink, or if he be an

incapable voter, and is assisted, must have his own name subscribed

thereon, together with the names of two freeholders in that precinct,

who assisted him in voting. Upon receipt of the envelope containing his

ballot, the voter marks a cross (X) at the names of the candidates for

whom he votes, and then folds his ballot so that all the names thereon

are turned inside and out of sight, and his party voting number appears

on the outside end of the envelope. (In the same manner that he now

folds his ballot at a general election.) He then encloses this ballot in

the stamped return envelope, seals the same, signs his name on the end

of the envelope, and deposits it in a postoffice box. It then goes to

the postoffice directed by law, addressed to the Primary or Return

Board, who alone are authorized by law to receive these envelopes from

the postmaster, and then only on the day and hour designated by law and

in public. Upon return day, the Board receives all of these primary

election envelopes from the postoffice, takes them to a public place,

and after counting the number received, and comparing with the number

originally sent out, compares each signature on each envelope with the

same signature subscribed on the original affidavit of registration, and

if it be genuine, opening the envelope, removing the ballot therefrom,

without opening the same, observing that the color of the ballot

corresponds to the party color to which that elector belongs, then

tearing off the voting number, which appears on the end of the ballot,

after comparing it with the voting number written on that elector's

affidavit of registration, and then finally depositing the ballot into a

general ballot box, into which all the ballots of each political party

are deposited. It will thus appear that every ballot has been checked in

three ways to identify it as being the original ballot sent to that

elector, and as the one cast personally by him: First, it was contained

in an envelope bearing his original signature; it bore his own party

voting number, which was separate and distinct from every other party

voting number in that precinct, and was printed under the authority of

law only upon one ballot, namely, the ballot he receives; and finally it

was upon the color of paper which only the political party with which

that elector was affiliated was allowed by law to use. Every other

political party's ballots were printed upon different colored paper.

This makes it practically impossible for any ballot to be cast or

counted other than the one lawfully mailed and regularly received and

voted and mailed in person by the elector to whom it was sent.

Even the most prejudiced opponents of the Postal Direct Primary bill

admit that there are no practical reasons why it would not operate very

successfully in the rural districts and the smaller cities and towns.

Such an admission is a very far-reaching argument for the bill as a

general working measure for direct nominations. It is an open confession

that the plan is workable and meritorious. The only objection that has

been urged with any semblance of force is the argument that the ballot

could be easily corrupted in large cities, where the opportunities for

fraud are great, and where the intelligence and honesty of certain

classes of voters is low. It is suggested with considerable merit that

among the foreign and ignorant classes in the great centers of

population, corruption of suffrage is a matter easily accomplished; that

there would be many of such voters willing to lend themselves to any

scheme to deliver their primary ballots to certain persons to be voted

as they desired under the names of the Individual electors.

At first blush, this argument appears to have some force, but upon close

reading of the provisions of the bill, and its necessary effect upon the

Practical operation of a primary campaign, it must be admitted that this

sole objection is largely argumentative. In the first place, as pointed

out above, each ballot must be cast by the person to whom it was sent,

for it is contained in an envelope bearing the elector's own known

signature. Therefore none other can vote the ballot. In the second

place, the bill provides for extreme penal penalties for any one

tampering with ballots, assisting a voter in the marking of a ballot

(other than incapable voters), standing about and watching an elector

mark his ballot, or in any wise influencing, or observing a voter in the

marking of his ballot at the time it is voted, sealed in the envelope

and dropped in the postoffice. All the penalties are for imprisonment

and not for fines. This, then, will force any plan to secure ballots or

corrupt the same to be done secretly and illegally. It must appear that

there can be no extensive system of vote corruption carried on without

discovery. It must further appear that there would be extremely few who

would care to general or direct any extensive plan of corrupting or

influencing primary ballots. It would be too risky a proceeding. If then

votes were corrupted, it would have to be done very secretly and amongst

only a trusted few. Therefore the percentage influenced in this manner

could not be large.

Another bar to any tampering with ballots would be the check which each

political party and each candidate would have upon the other. It would

be a matter of political capital for one party to detect leaders or

organizations within another party tampering with or corrupting the vote

at its primary election. The various candidates for the different

offices within the same party would watch one another with extreme

vigilance to detect any attempt to influence or corrupt the ballots

against them.

Lastly, it is suggested that because of the fact that these primary

election ballots would be sent at the same time to thousands of

different places throughout the precinct and city, and would be opened

in offices and in homes on the same day, and in all probability fully

75% of them would be voted and remailed on the same day received; that

it would be practically impossible to devise any system that would reach

out and get these countless ballots in a thousand different places

within a space of a few hours or a day. They would be too scattered to

be gotten hold of or traced with any degree of success.

It must appear from a broad-minded consideration of the practical

workings of this Postal Direct Primary law that there is no valid reason

why it would not work with splendid success even in the congested and

illiterate districts of our larger cities. But even admitting for the

sake of argument that a certain percentage of the ignorant and vicious

vote could be corrupted by the bosses, it certainly could not be large.

It could not possibly exceed ten per cent of the registered vote. In

light of the fact that this system would bring out at least twenty-five

per cent more votes than any other primary law has ever succeeded in

bringing out, it is seen at a glance that the corrupted vote would be

far outweighed and overbalanced by the much larger percentage of decent

vote that would be secured for the first time by means of this postal

system of voting. The argument, then, is unanswerable in favor of this

Postal Direct Primary law.

And it would for the first time give the intelligent and honest elements

in all political parties the direct control of the power of nomination

for public offices. Moreover, the mere fact that it would cause a larger

number of people to vote would be of inestimable value, for it would

tend to rouse and awaken public interest in civic affairs and by thus

doing would educate and train the minds of the better classes in

election affairs, and could not help but raise the honesty and power of

popular suffrage. In other words, it would accomplish in the fullest

degree, the results sought to be obtained by every direct primary law,

namely, a popular choice of candidates for public office, with the power

of selection for once actually in the hands of the honest electors.

In conclusion, it might be well to mention that this system of voting by

mail would protect the suffrage of many of our best citizens, who, under

present laws, are practically disfranchised. Such men are travelers, the

sick, sailors, trainmen, and other men who, by reason of their

occupation or misfortune, are forced to be absent from the place of

their voting precincts on election day, but who could and would vote if

an opportunity was extended to them to vote by mail. This would

constitute no small class of voters.

Dr. Montgomery's Report.

55 Dr. Montgomery's report to the Senate was as follows:

Palo Alto, Cal., March 22, 1909.

Lieutenant-Governor Warren R. Porter,

President State Senate, Sacramento, Cal.

On the afternoon of March 21, 1909, about 4:30 p. m., J. L. Martin,

Sergeant-at-Arms of the Senate of the State of California, called on me

and informed me that I had been designated by the President of the

Senate to proceed with him to Palo Alto, and to consult with the

physicians of Senator Marshall Black, to ascertain if Senator Black's

health was such as to permit him to go to Sacramento. I arrived at the

office of Dr. Howard Black, Senator Black's physician, at about 9:30 p.

m., March 21, 1909, and there met Dr. Howard Black, Dr. H. B. Reynolds,

Dr. J. C. Spencer and Dr. R. L. Wilbur. These physicians said they had

held a consultation and had made an examination of Senator Marshall

Black that afternoon; according to their statement, Senator Marshall

Black had arrived in Palo Alto about five days previously suffering from

inflammation of the eyes, commonly called "pink eye," and that this

inflammation of the eyes had almost entirely cleared up, but that the

inflammation traveled down the throat and bronchial tubes. According to

their statement to me on the evening of March 21, 1909, Senator Marshall

Black was suffering from broncho-pneumonia, and symptoms of inflammation

in the lower lobe of the left lung, the temperature that afternoon was

ninety-nine and the pulse ninety. The heart was in good condition. The

cough was severe and the expectoration abundant. I stated to these

physicians that I was delegated by the Senate of the State of California

to make a thorough and complete examination of Senator Black for the

purpose of ascertaining at what time it would be safe for Senator Black

to proceed to Sacramento. I was informed by Dr. Howard Black that

Senator Marshall Black would not permit me to see him. I then asked

Senator Black's physicians, individually and collectively, if in their

opinion, in Senator Black's present physical condition any serious

inconvenience or injury would accrue to Senator Black from a personal

examination by me. They all stated that, on their part, they were

perfectly willing that such examination should be held by the Senate

physician, and that such an examination in their opinion could do no

injury. I asked if the patient was in sound and disposing mind. I was

answered he was. At about 10 a. m., March 22, 1909, I again called on

Dr. Howard Black, renewing my request of the previous evening

to see Senator Marshall Black. Senator Black, through the physician,

still declined to receive me. I then asked Dr. Howard Black when, in his

opinion, Senator Marshall Black would be in condition to proceed to

Sacramento. He said that at the consultation of the previous day it was

concluded that it would be a week before Senator Black would be in such

a condition as to enable him with safety to undertake the Journey. As

this consultation was held on March 21st, it would, in their opinion, be

March 28th before Senator Black would be in a condition to proceed to

Sacramento. I asked if, in his opinion, Senator Black was convalescing.

He said that in his opinion he was. He said that Senator Black's

temperature this morning was 100, his pulse 90, his cough still severe,

and there still was evidence of inflammation in the lower lobe of the

left lung. Personally, from what I know of Senator Black's physicians, I

believe these facts to be true. Taking it for granted that these facts

are true, I do not find that, from them alone, I can conclude that

Senator Black is unable to proceed to Sacramento. In order to concur in

this opinion of Senator Black's physicians I would have to see the

patient.

Douglass W. Montgomery, M. D.

Delegated by Lieutenant-Governor Warren R. Porter to examine into the

state of health of Senator Marshall Black.

The Anti-Japanese Bill's Resolution.

94 The resolution was in full as follows:

Whereas, Assembly Bill, No. 14, introduced by Mr. Johnson of Sacramento,

and reading as follows:

An Act

To Amend Section 1662 of the Political Code

The people of the State of California, represented in Senate and

Assembly, do enact as follows:

Section 1. Section 1662 of the Political Code is hereby amended so as to

read as follows:

1662. Every school, unless otherwise provided by law, must be open for

the admission of all children between six and twenty-one years of age

residing in the district and the board of school trustees, or city board

of education, have power to admit adults and children not residing in

the district, whenever good reasons exist therefor. Trustees shall have

the power to exclude children of filthy or vicious habits, or children

suffering from contagious or infectious diseases, and also to establish

separate schools for Indian children and for the children of Mongolian,

or Japanese, or Chinese descent. When such separate schools are

established, Indian, Chinese, Japanese or Mongolian children must not be

admitted into any other school; provided, that in cities and towns in

which the kindergarten has been adopted or may hereafter be adopted as

part of the public primary schools, children may be admitted to such

kindergarten classes at the age of four years; and provided further,

that in cities or school districts in which separate classes have been

or may hereafter be established, for the instruction of the deaf,

children may be admitted to such classes at the age of three years.

Is now pending before this Assembly; and

Whereas, It has been represented by the President of the United States

that the passage of this bill will, in some manner undisclosed, disturb

the relations now existing between the government of the United States

and the government of Japan; and

Whereas, The President of the United States has made known to this

Assembly, through the Governor of this State and through the Speaker of

this Assembly, his wish that said bill be not passed; and

Whereas, The President of the United States has caused it to be

represented to this body that it is his judgment that said bill would

conflict with the treaty now existing between the government of the

United States and the government of Japan, and because of such conflict

the passage of such bill would be beyond the power of the Legislature of

this State, and

Whereas, The Governor of this State and the Speaker of this Assembly

have conveyed to this body their desire that this bill be not passed;

and

Whereas, It is the desire of this body to accede to the wishes of the

Chief Executive of this State, and the Speaker of this Assembly;

therefore be it

Resolved, That it is fitting and proper that a statement of the position

of this Assembly upon this question be made, to the end that a mistaken

impression do not result from the failure of the Assembly to pass this

bill; be it further

Resolved, That such position is as follows:

1. The school system of the State of California is an institution of the

State alone, maintained, supported, conducted and controlled wholly

under and in accordance with the powers reserved to the State.

2. That the power to maintain, conduct and control the State school

system has not been granted to the Federal Government.

3. That the Legislature of California may properly pass any law relative

to the school system of this State that in its judgment may seem best.

4. That by said Assembly Bill No. 14 it is not designed to deprive

children of Indian, Mongolian, Chinese, or Japanese descent of equal

school privileges and opportunities, but, on the contrary, to these

there shall be given, and for these there shall be provided the same

privileges and opportunities as are given to and provided for all other

children.

5. That Assembly Bill No. 14 contemplates the establishment and

maintenance of separate schools for different races, but all schools so

established and maintained shall afford equal and the same facilities

for instruction.

6. That this Assembly recognize it to be a duty resting upon the State

to furnish to children of Indian, Mongolian, Chinese, or Japanese

descent the same facilities and opportunities as are furnished to

children of other races and affirm that no more can be required and that

nothing different is contemplated by said Act. That said Act gives to

children of Indian, Mongolian, Chinese, or Japanese descent who are

subjects of other countries the same rights and privileges as are given

to native born citizens of California, and no power has the right to

demand more. That this Assembly is disposed to accede to the wishes of

the Federal Government as conveyed to us by the Governor of this State

and the Speaker of this Assembly, but while doing so we reaffirm and

reassert that the subject matter of Assembly Bill No. 14 is purely and

exclusively a matter of State concern, falling within the reserve powers

of the State, and violates no provision of the Federal Constitution.

7. That it is the judgment of this Assembly that said bill does not

conflict with the treaty existing between the government of the United

States and the government of Japan, and that we recognize the authority

to make treaties is by the Federal Constitution, vested in the President

and Senate of the United States, we affirm that the right to administer

our State school system can not be controlled by treaty made by the

President and the Senate of the United States, nor by action of the

President alone.

8. And finally, while we recognize that Assembly Bill No. 14

is drawn and could be passed by the Legislature of this State in full

conformity with the powers reserved to the State and vouchsafed to it by

the Federal Constitution, we are unwilling to do aught which may disturb

the relations existing between this government and a friendly power, and

for this reason alone, we recommend that Assembly Bill No. 14 be

reconsidered and withdrawn.

Story of the Session of the California Legislature of 1909 · 第 20 / 20 章