Part 11 (2/2)

[57] The plain citizen will marvel at the lengths to which the machine went to prevent a provision being incorporated into the Direct Primary bill for the selection by State-wide vote of United States Senators. The plain citizen does not, however, look upon a United States Senator through the same eyes as the machine. To the plain citizen that United States Senator is desirable who represents policies beneficial to his country and his State; to the machine that United States Senator is desirable who will in effect turn his Federal patronage over to the machine. The election of United States Senators by State-wide vote would take their appointment out of machine hands, which would mean loss to the machine of Federal patronage. For this reason the almost unbelievable lengths to which the machine went to prevent the provision for State-wide vote for the election of United States Senators being incorporated into the Direct Primary bill.

[58] The vote was as follows:

Ayes: Messrs. Bohnett, Callan, Cattell, Cogswell, Collum, Costar, Flavelle, Gerdes, Gibbons, Gillis, Hinkle, Holmquist, Irwin, Johnson of Placer, Juilliard, Kehoe, Maher, Mendenhall, Odom, Otis, Polsley, Preston, Sackett, Stuckenbruck, Telfer, Whitney, Wilson, Wyllie and Young - 29.

Noes: Messrs. Barndollar, Beardslee, Beatty, Beban, Black, Butler, Coghlan, Collier, Cronin, Cullen, Drew, Feeley, Fleisher, Flint, Greer, Griffiths, Hammon, Hanlon, Hans, Hawk, Hewitt, Johnson of Sacramento, Johnson of San Diego, Leeds, Macauley, McClelland, McMa.n.u.s, Melrose, Moore, Mott, Nelson, Perine, Pugh, Pulcifer, Rech, Rutherford, Schmitt, Silver, Stanton, Transue, Wagner, Wheelan - 42.

[59] Hewitt voted against the amendments the day they were read into the bill.

[60] The Free Conference Committee's amendment was in full as follows:

”By nominating pet.i.tions signed and filed as provided by existing laws party candidates for the office of United States Senator shall have their names placed on the official primary election ballots of their respective parties, in the manner herein provided for State offices, PROVIDED, HOWEVER, THAT THE VOTE FOR CANDIDATES FOR UNITED STATES SENATORS SHALL BE AN ADVISORY VOTE FOR THE PURPOSE OF ASCERTAINING THE SENTIMENT OF THE VOTERS IN THE RESPECTIVE SENATORIAL AND a.s.sEMBLY DISTRICTS IN THE RESPECTIVE PARTIES, and the Senatorial and a.s.sembly nominees shall be at liberty to vote either for the choice of such district expressed at said primary election, or for the candidate for United States Senator who shall have received the endors.e.m.e.nt of such primary election in the greater number of districts electing members of his party to the Legislature.”

[61] Stetson was not the only Senator to protest. Senators Campbell, Holohan and Miller sent to the Secretary's desk the following explanation of their votes: ”We voted for the Direct Primary bill because it seems to be the best law that can be obtained under existing political conditions. We are opposed to many of the features of this bill, and believe that the people at the first opportunity will instruct their representatives in the Legislature to radically amend the same in many particulars, notably in regard to the election of United States Senators, and the provisions that prevent the endors.e.m.e.nt of a candidate by a political party or organization other than the one that first nominated such candidate.”

A second protest, signed by Senators Curtin, Cartwright and Sanford, was also printed in the Journal. It reads as follows: ”We voted to adopt the report of the Committee on Free Conference on Senate Bill No. 3, not because we believe it to be what is desired by the people of this State, but because we believe it to be the only bill that can be adopted at this late hour, as the Legislature is about to adjourn.”

Chapter XII.

The Railroad Regulation Issue.

Recent Increase in Freight Tariff Had Brought About a Condition Which Required Action - Senate Divided Into Supporters of an Effective and Supporters of an Ineffective Measure - Manipulation by Which Measures Were Placed in Hands of a Machine-Controlled Committee.

Some one has very well said that the real test of a Legislature is its action on railroad measures. The Legislature of 1909, if estimated by this standard would not appear to advantage. But to condemn the Legislature of 1909 for its failure to give the State an effective railroad regulation law, is to condemn every Legislature that has sat in California since the present State Const.i.tution went into effect thirty years ago. The Const.i.tution empowers the Legislature to pa.s.s effective railroad regulation measures, but up to the session of 1909, the machine, or system, or organization - one name is as fragrant as another - had prevented the pa.s.sage, if we exclude the ineffective Act of 1880, of any railroad regulation law at all. The machine has ever moved against the interests of the people and in the interest of its dominating factor and at the same time its chief beneficiary, the Southern Pacific Railroad Company. It has so manipulated the nomination and election of Railroad Commissioners as to keep in that office men utterly dominated by railroad influences.

With weak and corrupt men as Railroad Commissioners, and machine-dominated Legislatures which have neglected to pa.s.s laws which would have made the Commission effective, or even provide funds for the Commission to carry on its work, even had the Commissioners been so inclined, California has been left helpless to oppose any extortion which the railroad might see fit to exact. The system of charging all that the traffic will bear has governed utterly. For this the Southern Pacific Company can thank, and the People of California condemn, the machine.

The cost to the people has been enormous. It was pretty conclusively shown at the Legislative investigation into the cause of recent advance of freight rates, that upwards of $10,000,000[62] a year has in this one instance been added to the freight charges exacted from the people of the Pacific Coast. The added burden falls upon the Pacific Coast manufacturer, merchant, farmer, fruit grower, consumer. All from the highest to the lowest help pay the tribute. Thirty years is a long period, and the arm of the railroad tribute-taker far-reaching. The vast sums which, unrestricted, the Southern Pacific has been able to exact run into enormous totals. From a dollar and cent standpoint, it has paid the Southern Pacific Company to control the machine.

But the railroad's absolute domination of the State could not continue forever without protest that would eventually force a hearing. This protest came toward the close of 1908. The increase in freight rates made just before the Legislature of 1909 convened emphasized the necessity for the enactment of a law that should galvanize the Railroad Commission into activity; ensure the enforcement of const.i.tutional provisions for the protection of the public against dominant transportation companies; in a word, provide effective railroad regulation.

Governor Gillett in his biennial message to the Legislature, and Attorney General Webb in his biennial report gave expression to this aroused public sentiment.

General Webb, after reviewing railroad conditions in California, on page 13 of his report says: ”It is thus apparent that the s.h.i.+ppers of the State are practically helpless.”

”I believe,” continues the Attorney General, ”that this review of the situation will show the imperative necessity of prompt legislation on this subject, and under the Const.i.tution of this State, the Legislature has ample authority to enact the required legislation.”

Governor Gillett, in his biennial message, takes practically the same stand as does Attorney General Webb.

”Our State,” says the Governor on page 12 of his message, ”has not kept pace with the majority of the States of the Union in the enactment of laws regulating railroads in their business as common carriers.”

”I can virtually promise you,” said General Webb at a meeting of the Senate Committee on Corporations, held on the evening of January 25th, ”that in the event of this (the Stetson Railroad Regulation bill) becoming a law, and the Railroad Commission refusing or neglecting to act under its provisions, the Governor will call the Legislature together in extraordinary session for their impeachment.”[63]

There was no question of the aroused public sentiment in favor of the pa.s.sage of a railroad regulation measure. Even before the Legislature convened it became evident that some sort of a measure would have to be pa.s.sed; even the railroad lobby saw that. The Legislature accordingly divided on the question. As the fight was carried on in the Senate - the a.s.sembly in the rush of the closing hours of the session merely putting its ”O. K.” on what the Senate had done - the division in the Senate alone will be considered. The division in that body was:

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