Story of the Session of the California Legislature of 1909 | Page 7

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."
[4] The action of the Assembly Committee on Public Morals on the Anti-Racetrack Gambling bill was a notable exception to this. See chapters 6 and 7.

Chapter II.

Organization of the Senate.
Anti-Machine Republicans, Led Into a Caucus Trap, Surrendered the Appointment of President Pro Tem., Secretary and Sergeant-at-Arms to the Machine - Machine Given the Selection of the Standing Committees.

In the light of the events of the session, the division between the machine or "organization" and anti-machine forces in the Senate for purposes of organization may be regarded as follows:
Anti-machine - Anthony[5], Bell, Birdsall, Black, Boynton, Burnett[5], Cutten, Estudillo, Hurd[5], Roseberry, Rush, Stetson, Strobridge, Thompson, Walker (labeled Republicans), Caminetti, Campbell, Cartwright, Holohan, Miller, Sanford (labeled Democrats) - 21.
Machine - Hare, Kennedy (labeled -Democrats), Bates, Bills, Finn, Hartman, Leavitt, Lewis, Martinelli, McCartney, Reily, Savage, Weed, Willis, Wolfe, Wright (labeled Republicans) - 16.
Doubtful - Curtin (Democrat).
Seekers of the winning side - Price and Welch (labeled Republicans).
Curtin is put down as doubtful because, justly or unjustly, he was at the opening of the session so regarded. But Curtin's record shows that generally speaking from the beginning to the end of the session he voted with the anti-machine element. Had the anti-machine forces made a determined effort to organize the Senate and demonstrated a strength of twenty-one votes, which would have been enough to organize,. Curtin would certainly have been with them. The same is true of Welch, and it is probably true of Price. This would have given the anti-machine forces from twenty-two to twenty-four votes, a safe margin to have permitted them to organize the Senate to carry out anti-machine policies.
The machine claquers will no doubt point gleefully to the fact that when the test on the Railroad Regulation bills came, Anthony, Burnett, Estudillo, Hurd and Walker strayed from the anti-machine fold. This objection would have more weight had there ever been an anti-machine fold. As a matter of fact, the anti-machine element in the Senate from the day the session opened until it closed was unorganized, and without leaders or detailed plan of action.
Admittedly Estudillo and Burnett strayed on the railroad regulation question, but they did so believing the absolute rate provided in the Stetson bill to be unconstitutional. All this will be brought out in the chapters on railroad regulation measures, but in passing, it may be said that Burnett, in the closing hours of the session, stated on the floor of the Senate that he had voted against the Stetson bill and for the Wright bill on the understanding that a constitutional amendment would be passed setting at rest all question of the constitutionality of the absolute rate. The machine leaders misled Senator Burnett. Machine votes defeated the amendment.
Anthony, Estudillo and Walker stood out against the machine in the direct primary fight which followed the defeat of the Stetson bill, and before the fight was over, Burnett had returned to the anti-machine forces.
The case of Senator Hurd is not at all creditable to the machine. But Hurd's instincts and sympathies are not those of Gus Hartman, Hare, Wolfe and Leavitt. Had the anti-machine forces had even semblance of organization there would have been no straying, and the accomplishment of the legislative session of 1909 would have been more satisfactory to the best citizenship of the State.
The fact that the anti-machine forces, without leaders and without organization, stuck together so well as they did is one of the most extraordinary and at the same time encouraging features of the session.
Although the anti-machine forces numbered a majority of the Senate, nevertheless a bare majority of the regular Republican Senators - those who were eligible to admittance to the Republican caucus - were with the machine. The division in the Republican caucus, counting Welch and Price with the machine element, was on machine and anti-machine lines as follows:
Anti-machine - Anthony, Birdsall, Black, Boynton, Burnett, Cutten, Estudillo, Hurd, Roseberry,