Part 6 (1/2)

The parallel between the Walker-Otis Anti-Racetrack Gambling bill and the Wright-Stanton Direct Primary bill furnishes the most suggestive feature of the Legislative session. Each was based on a demand of a large majority of the people of the State for the correction of an abuse; the one to prevent the prost.i.tution of the race-course in the interest of the gambling element; the second to prevent the domination in public affairs of the corrupt, corporation-backed political boss.

Each had been discussed in the public prints for months previous to the convening of the Legislature, and each had been made in the popular view of affairs a sort of test by which the Legislature was to be judged.

Each had the support of not only the better element of electors, but the better element of each House of the Legislature. Each had the determined secret opposition, and so far as it dared, the open opposition of the machine.

The campaign which the machine planned against the bills was practically the same in each instance - to amend the measures into a condition of ineffectiveness, and then pa.s.s them as sop to The People. This would have given The People a Direct Primary law without a direct primary; an Anti-Gambling law that would neither close poolrooms nor interfere with bookmaking.

And here the parallel ends.

The proponents of the Anti-Gambling bill introduced an Anti-Gambling measure, showed that it was the best that could be drawn, and let it be known that they (the supporters of the measure) would, if it were amended by the machine, vote against it.

The proponents of the Direct Primary bill, on the other hand, seemed possessed of the notion that they must placate the machine if any Direct Primary bill were to be pa.s.sed.

The backers of the Anti-Gambling bill treated the machine leaders as recognized enemies of the measure, with whom there could be no compromise. The backers of the Direct Primary bill treated the machine leaders as friends and allies, inviting them to offer suggestion and advice.

The results of the two campaigns speak for the effectiveness of the two methods. The Anti-Gambling element put through an effective Anti-Gambling bill, refusing to compromise on so much as the change of a comma. But in the case of the Direct Primary bill, the machine not only had the last word, but in the feature of the nomination of United States Senators, the real bone of contention, amended the measure very much to its liking.

Long before the Legislature convened it was common talk at San Francisco that the backers of the Direct Primary bill were willing to accept any sort of a bill, so long as a direct primary measure be pa.s.sed. Inasmuch as it is quite possible that a legislative enactment called Direct Primary law may be a trifle worse than no Direct Primary law at all, the jelly-fish att.i.tude of the leaders in the movement caused no little unfavorable comment.

It did not seem to occur to the self-const.i.tuted leaders that their proper course was to draw up the most effective measure possible, let its effectiveness be known to the people - as was done in the case of the Anti-Gambling bill - and insist that the Legislature go on record for or against it.

Instead, they endeavored to satisfy everybody, apparently attempted to come to a compromise understanding with the machine, or at least to please machine leaders. Their theory seemed to be that if the measure were not made too effective, the machine would not seriously oppose its pa.s.sage, thus insuring a glorious and at the same time, easy victory.

However unwarranted this a.s.sumption from appearances may be, such hidebound machine men as Wolfe and Leavitt were consulted and flattered, apparently with the idea that although they had been abused like pickpockets on previous occasions, they could be won over to the Direct Primary cause.

The stupidity of this policy was shown at the end of the session, when Wolfe and Leavitt dictated the terms under which the Direct Primary bill should pa.s.s. Had the supporters of the Anti-Gambling bill pursued the same policy, and treated the machine leaders as possible friends instead of recognized enemies, Wolfe, Leavitt and the other machine leaders would unquestionably have dictated the provisions of the Anti-Gambling bill, and have forced that compromise which Wolfe in his speech on the Walker-Otis bill regretted so bitterly had not been made.

The purpose of the Direct Primary is primarily to take away from the political bosses the monopoly which the convention system gives them in naming candidates for office, and to place such nomination in the hands of The People. To this end, under the Direct Primary laws that have of recent years been adopted, the boss-controlled convention is done away with, and the candidate for office nominated by the direct vote of The People.

The play of the machine was to make the direct nomination difficult and impracticable and, if possible, entirely ineffective. The real supporters of the Direct Primary idea aimed to make the nomination as simple as possible, and easily attained, that genuine expression of the choice of the electors could be secured.

But instead of aiming at simplicity and direct methods, the Direct Primary bill, introduced in the Senate by Wright and in the a.s.sembly by Stanton[35], threw a confusing ma.s.s of partisan detail about the selection of the primary candidate. It was made practically impossible for an independent citizen believing in the principles of a given party, but withholding his right to exercise the citizen's judgment at the polls, to become a primary candidate. Throughout, the measure made it smooth sailing for the mere partisan and extremely hard for independent Republican or independent Democrat to secure party nomination[35a].

For example, the candidate for party nomination, was, according to the terms of the bill, required not only to set forth the name of the party under which he might seek nomination, but to make affidavit ”that he affiliated with said party at the last preceding general election, and either that he did not vote thereat, or voted for a majority of the candidates of said party at said next preceding general election, and intends to so vote at the ensuing election.”

Thus, no citizen who had not supported the majority of his party candidates at the previous election, and who was unwilling to take an oath before their nomination, to support a majority of the candidates at the next ensuing election, was to be eligible for primary nomination to office.

But this, and similar unfortunate provisions were practically lost sight of in the fight made over the provisions for the nomination of United States Senators, and remained in the measure as it was finally enacted into law.

It may be, as the machine element contends, that provision for the nomination of United States Senators has no place in a Direct Primary law, but the fact remains that The People have inseparably linked with the direct primary idea the selection of United States Senators by direct vote.

The Federal laws provide that United States Senators shall be elected by the Legislature. But in States where Direct Primary laws have been adopted, provisions have been made by which the names of candidates for the United States Senate are placed on the primary ballot the same as the name of any other candidate for a State office. The same Direct Primary laws give candidates for the Legislature opportunity to pledge themselves to accept The People's decision, and as members of the Legislature to cast their votes for such candidate for the United States Senate as The People may have named.

The Legislature is thus made to abide by The People's will in electing United States Senators, precisely as the Electoral College is made to abide by The People's will in the election of the President.

To be sure, no candidate for the Legislature need take the pledge if he does not care to do so, but it is recognized that where it is possible for the voter to express a choice for United States Senator, the legislative candidate who fails to pledge himself to respect The People's choice would stand slim chances of election.

The Direct Primary law adopted by Oregon[35b] represents the highest development of the plan for popular selection of United States Senators.