Story of the Session of the California Legislature of 1909 | Page 5

of California the privilege of naming their United States Senators, a privilege already enjoyed by the people of the more progressive States of the Union. But the reform element knew little or nothing of the details of direct primary legislation.
They were equally unprepared on other reform issues. They recognized the necessity of passing an effective railroad regulation law, for example, but had little or no conception of what the provisions of the measure should be. They recognized that the criminal laws cannot be impartially enforced against rich and poor alike until the methods of criminal procedure be simplified, put on a common sense basis. But even here they had no definite policy and when told by machine claquers that the proposed reforms were revolutionary, even the most insistent of the reform element were content to let the simplifying amendments to the codes die in committees or on the files.
On the other hand, the machine element, even before a member had reached Sacramento, had their work for the session carefully outlined. This session the bulk of the machine's work was negative; that is to say, with a majority in both houses opposed to machine policies, the machine recognized the difficulties of passing bad laws except by trick - and spent the session in amending good measures into ineffectiveness, or, where they could, in preventing their passage. Down to a comma the machine leaders knew what they wanted for a direct primary law, for an anti-racetrack gambling law, for a railroad regulation law. From the hour the Legislature opened until the gavels fell at the moment of adjournment the machine element labored intelligently and constantly, and as an organized working unit, to carry its ends. There were no false plays; no waste of time or energy; every move was calculated. By persistent hammering the organized machine minority was able to wear its unorganized opponents out.[2]
(3) The third reason for the failure of the reform majority is found in the fact that the minority was permitted to organize both Senate and Assembly. In the Assembly the machine element named the Speaker without serious opposition. The Speaker named the Assembly committees. It developed at the test that the important committees of the Assembly were, generally speaking, controlled by the machine.
The Lieutenant-Governor is, under the State Constitution, presiding officer of the Senate, under the title of President of the Senate. But the Senators elect the President pro tem., who, in the absence of the President, has the same power as the President. The reform element, although in the majority, permitted the election of Senator Edward I. Wolfe as President pro tem. Wolfe was admittedly leader of the machine element in the Senate. At critical times during the session, the fact that both the President and President pro tem. of the Senate were friendly to machine interests gave the machine great advantage over its anti-machine opponents.[3]
The reform majority in the Senate made the further mistake of leaving the appointment of the Senate committees in the hands of Lieutenant-Governor Warren Porter. Governor Porter flaunts his machine affiliations; is evidently proud of his political connections; indeed, in an address delivered before the students of the University of California, Porter advised his hearers to be "performers" in politics rather than "reformers." It was not at all surprising, then, that the Senate committees were appointed, not in the interest of the reform element, but of the machine. And yet, the reform element, being in the majority, could have taken the appointment of the committees out of Porter's hands. In the concluding chapter it will be shown there is ample precedent for such a course. But the reform element let the opportunity pass, and Warren Porter named the committees. Thus in both Senate and Assembly the strategic committee positions were permitted to fall into machine hands.
The importance of this on legislation can scarcely be over-estimated. Under the system in vogue in California, the real work of a legislative session is done in committee. When a bill is introduced in either House, it is at once referred to a committee. Until the committee reports on the measure no further action can be taken. Thus a committee can prevent the passage of a bill by deliberately neglecting to report it back to the main body.
When a measure passes either Senate or Assembly, it goes to the other House, and is once again referred to a committee. Again does the fate of the bill hang on committee action. Thus, every measure before it can pass the Legislature must, in the ordinary course of legislation, pass the scrutiny of two legislative committees, either one of which may delay its passage or even deny Senate or Assembly, or both, opportunity to act upon it.
To be sure, one of the rules of the Assembly of 1909 required