Home -> James H. Barry Press -> Story of the Session of the California Legislature of 1909 -> Chapter 10
Chapter X. Fight Over Assembly Amendments. Machine Succeeds in Amending the Direct Primary Bill in the Assembly - Assemblyman Pulcifer at Critical Moment Votes with the Machine - Senate, Although Held Up By Machine Element for a Week, Refuses to Concur in Assembly's Action. The machine Senators, having failed to amend the Direct Primary bill on its second reading, apparently accepted their whipping, and allowed the measure to go through third reading and final passage without opposition[42]. Twenty-seven Senators at the final roll call voted for it; not one vote was cast against it. Even Leavitt and Wolfe voted for it. The anti-machine Senators had won "a glorious victory." But the victory was one tempered with grave misgivings on the part of careful observers of machine trickery. The fact that the bill as it had passed the Senate contained several serious clerical and typographical errors, and that its title was unsatisfactory if not defective, worried the genuine supporters of the bill not a little. The bill had been loosely drawn to begin with, and as originally introduced contained most unfortunate clerical errors, which bobbed up at most inopportune times. At every stage of its passage in the Senate such errors were uncovered, and after it had passed second reading, no less than eight serious errors were discovered to be still in the bill. The only way these errors could be corrected was by amendment. The errors were called to the attention of Senator Wright and of George Van Smith of the Call, who were urged to have them corrected in the Senate that the bill might go to the Assembly letter perfect, and without necessity of amendment[43]. But both Van Smith and Wright were of the opinion that time would be gained by leaving the Assembly to make the corrections. The bill as it finally passed the Senate was a defective bill, the defects of which could be corrected in the Assembly only by amendment. In the end the fate of the measure was made to hinge on these clerical and typographical defects. The Assembly Committee on Election Laws had been stacked against the passage of a Direct Primary bill, precisely as the Senate Committee had been. At the first meeting held by the Committee to consider the measure, it became evident that the majority of the Committee would, if it could, put the McCartney amendments, which had been defeated in the Senate, into the bill. Leeds, Chairman of the Committee, moved that the primary vote for United States Senator be made advisory and by districts only, while Grove L. Johnson, in spite of the fact that such a provision is impracticable and unconstitutional, stated that he wished a provision in the bill requiring a 40 per cent plurality to nominate, instead of a mere plurality. Leeds and Johnson, taken together, stood for precisely what the machine had stood for in the Senate, namely, an advisory, district vote for United States Senators and a 40 per cent plurality vote to nominate. Speaker Stanton, although not a member of the Committee, was present at the meeting, and although he had introduced the bill in the Assembly, announced that he was for so amending the measure that the vote for United States Senator should be made merely advisory and by districts. This was pretty strong intimation that there was trouble ahead for the Direct Primary bill. Stanton was in effect throwing down his own bill. After several meetings, the Committee adopted amendments providing for the Leeds - suggested advisory district vote for United States Senators, providing for correction of the clerical and typographical errors, and providing an oath from primary candidates that they would abide by the platform of their party to be adopted after their nomination. This last amendment was defeated in the Assembly. The only real opposition in the Committee to the machine's plan to make the primary vote for United States Senators advisory only and by district, came from Assemblymen Hinkle of San Diego and Drew of Fresno. Drew was ill most of the time and could not attend the meetings. The brunt of the fight for a State-wide vote for United States Senators, therefore, fell on Hinkle. He fought well. Every effort was made to pull him down. He was told that his bills would be "killed." He was deliberately misrepresented in papers which were endeavoring to force into the bill the advisory district vote amendment, which, as introduced in the Senate by McCartney, had been rejected by the anti-machine Senators. Leavitt and Wolfe and Warren Porter were for the amendment, but the anti-machine Senators continued against it as they had on February 18th, the day of their "glorious victory" over the machine in the Direct Primary fight. But, astonishing as it may seem, the San Francisco Call[44], which up to the passage of the bill in the Senate had fought the machine Senators so valiantly, was giving indication of siding with Wolfe and Leavitt. In its issue of March 6th, the Call stated that Hinkle was alone of the Assembly Committee battling for the bill as it passed the Senate. In another sentence the Call said: "Leeds, Rech, Hinkle and Pugh voted for the advisory vote amendments." That sentence was shown about the Capitol, and on it was based the story that Hinkle had "fallen down," and would vote with the machine. All this added to the confusion of the situation. But Hinkle had not "fallen down." He was in the fight just as hard as ever, and with Assemblyman Bohnett organized the reform element in the Assembly to fight the machine amendments. Those who were endeavoring to force the advisory district plan for nomination of Senators into the bill took the most astonishing methods to force it upon the anti-machine Senators. For example, the San Francisco Call of March 4th said of it: "The amendments proposed by Leeds and supported by Stanton are not even remotely related to the McCartney proposition, which was voted down in the Senate." The Call's statement was easily disproved, but it unquestionably confused the anti-machine legislators, who were insisting upon retaining the provision for State-wide vote for Senators in the bill[45]. And then came the cry that those who were opposing the Leeds-McCartney amendment were enemies of the Direct Primary, for the Assembly, it was alleged, was overwhelmingly in favor of the amendment, and would not pass the bill without it. Jere Burke, John C. Lynch, and other patriots of their ilk were most insistent in expression of this fear. But such men as Bohnett, Hinkle, Drew and other recognized anti-machine leaders in the Assembly were not to be bluffed in this way. They stood firmly for the passage of the bill as it had passed the Senate. The fight on the floor of the Assembly came over Leeds' motion to amend the bill by making the vote for United States Senator advisory only and by districts. The vote on Leeds' motion was 37 to 37. The "overwhelming majority" favoring the amendment, in spite of the use of every pull at the command of the machine, had not materialized. As a majority vote was necessary to read the amendment into the bill, a moment more and Speaker Stanton would have been forced to declare the amendment lost. This would have meant final defeat for the machine, and the Direct Primary bill as it had passed the Senate would have gone to final passage. At this critical moment in the bill's history, however, Assemblyman Pulcifer[46], the Lincoln-Roosevelt League member from Alameda county, got into action. He had voted against the amendment. But with his vote really meaning defeat for the machine element, he promptly changed his vote from no to aye. This made the vote 38 for the amendment and 36 against it. The amendment which the anti-machine Senators had fought so valiantly and so effectively was finally read into the bill[47]. The amendments necessary to correct the typographical and clerical errors which had been permitted to remain in the bill as it passed the Senate, together with a number of ridiculous amendments - which were finally rejected by both Houses - were then adopted, and the bill sent to the Senate[48]. The fact developed almost immediately that if the Senate refused to concur in the Assembly amendment forcing the advisory district vote into the bill the Assembly would recede from the amendment. As a matter of fact Assemblyman Collum, who voted for the amendment March 9th, voted on March 22d to recede from it. Had the anti-machine forces in the Assembly been held together, as they could have been had the question of receding been put up to them fairly, few other changes with Collum's would have been sufficient to assure success for the anti-machine forces. But in spite of the situation in the Assembly, Senator Wright, who was by this time working openly with Wolfe, Leavitt and Warren Porter to secure the adoption of the Leeds amendment (which as the McCartney amendment the Senate had already rejected), was insisting that the Assembly would not recede, and that unless the Senate concurred with the Assembly amendment, nothing could save the Direct Primary bill from being cut to pieces in Free Conference Committee. Nevertheless, the Senate by a vote of 19 against to 20 for concurrence, did refuse to concur, 21 votes being necessary for concurrence. Senator Stetson was absent when the vote was taken, being ill at his home in Alameda county. Had he been present he would have voted against concurrence in the amendments. This would have made the vote 20 to 20. Originally, on February 18th, twenty-seven Senators had voted against the Leeds-McCartney amendment, but when Senator Wright switched to the machine, Senators Hurd and Burnett wobbled along after him. The four band-wagon Senators, Lewis, Martinelli, Price and Welch, tagged along after them. This made the vote: Against concurrence in the amendment and for the bill as it passed the Senate - Anthony, Bell, Birdsall, Black, Boynton, Caminetti, Campbell, Cartwright, Curtin, Cutten, Estudillo, Holohan, Miller, Roseberry, Rush, Sanford, Strobridge, Thompson, Walker - 19. For concurrence in the amendment and against the bill as it originally passed the Senate - Bates, Bills, Burnett, Finn, Hare, Hartman, Hurd, Kennedy, Leavitt, Lewis, Martinelli, McCartney, Price, Reily, Savage, Weed, Welch, Willis, Wolfe, Wright - 20. Every one of the thirteen Senators who opposed the bill when it was first before the Senate, voted to concur. Wright, Welch, Price, Martinelli, Lewis, Burnett and Hurd joining them, made their number twenty. Under the rules which govern the Senate, in the event of a tie vote, all the Senators voting, the President of the Senate, in this case Warren Porter, has the casting vote. Had Senator Stetson been present, he would have voted with the anti-machine Senators. This would have made the vote 20 to 20. Warren Porter would then have had the deciding vote. He would have voted to concur. Senator Stetson's illness temporarily saved the Direct Primary bill. In the ordinary course of legislative business, the Senate having refused to concur in the Assembly amendment, the bill would have gone back to the Assembly, the Assembly would have receded from the amendment, and the machine's defeat would have been final. But the quick-witted Wolfe saw a way to prevent such action. He promptly moved that the Senate reconsider the vote by which it had refused to concur in the Assembly amendment. Wolfe commanded twenty votes of the Senators present, the anti-machine element nineteen. Wolfe required, however, twenty-one to compel reconsideration. But when the question came up, Wolfe still lacked the one vote necessary for reconsideration, the anti-machine element was still without the necessary twenty votes to tie the Senate, thus giving Warren Porter the deciding vote. Wolfe, however, with his twenty votes, postponed consideration of his motion to reconsider the vote by which the Senate had refused to concur. A somewhat extraordinary parliamentary situation, to say the least. But it answered the machine's purpose. For a week[49a] the machine was able to hold the Senate in deadlock. All business was practically suspended. For hours the reform Senators were compelled to sit in their seats waiting the pleasure of President Porter and President Pro Tem. Wolfe to call the Senate to order. The folly of permitting the machine to organize the Senate was forced home to every good-government man present. The machine because it controlled the Senate organization could and did arrogantly override the rights of the Senate, giving the ultimatum that no business should be transacted until the anti-machine Senators had concurred in the machine amendments to the Direct Primary bill. The machine's play was to bully, bluff or beg one of the anti-machine Senators to desert to the machine, which would have given the machine twenty-one votes, enough for concurrence, or, failing in this, to force the attendance of Senator Stetson, which would have tied the Senate, thus giving Warren Porter the deciding vote. But before Senator Stetson, pale and plainly on the verge of breakdown, could be brought to Sacramento, Senator Black became very ill and was obliged to go to his home at Palo Alto. Thus when Stetson returned, the vote stood 20 to 19, precisely where it had been before. Performer Porter was still denied the privilege of casting the deciding vote. For once the machine found itself squarely against a stone wall, with the sympathy of the public strongly against its creatures and methods. Night after night as the fight went on, the Senate gallery was packed with interested spectators, who cheered the anti-machine Senators to the echo. There were no cheers for the machine, but on one occasion at least the machine was hissed, when one of its creatures attempted an attack on Senator Black. Never did the machine work harder to switch anti-machine Senators to its side. Jere Burke had characteristic corner conferences, Johnny Lynch labored with anti-machine Senators openly on the floor of the Senate chamber, as did Warren Porter. From a southern county came the Chairman of the Republican County Committee to tell his Senator who was voting with the anti-machine element what a mistake he was making. P. H. McCarthy "happened in" and worked with George Van Smith of the Call and Eddie Wolfe in the fruitless attempt made to "pull down" Senator Anthony[49]. Anti-machine Senators found their pet bills being held up in Assembly Committees. But the nineteen anti-machine members stood firm, in spite of the fact that Senator Wright, who had originally led them, and George Van Smith, of the Call, who had originally advised them, and the Call, which had originally backed them, were all working on the side of Leavitt and Wolfe and Porter and the thirteen Senators of whom the Call had said on February 19, when they had voted for the amendment which they were still supporting, "Every man of these thirteen confessed corruptionists knew what he was doing - knew whose will he was putting above The People's will. Every one of these thirteen betrayers of the public weal has written the epitaph of his political tombstone." And then the machine forces attacked Senator Black. Although Senator Black was lying ill at his home at Palo Alto, the Call on March 18 stated that he was in hiding in Sacramento. The Call on the same date expressed its deep regret for and its utter condemnation of, the "asinine filibuster, designed to prevent a tie vote which would be decided by the Lieutenant-Governor, Warren Porter, in favor of concurrence in the Assembly amendment to the Direct Primary bill." On February 18 the Call had objected very strenuously to Porter's attitude toward the Direct Primary bill. The Call on that date said: "To-day the wolves (a pet name for the machine Senators), urged by their masters, will make their last stand in the Senate against a people determined to be free. Warren Porter, the Lieutenant-Governor of the fatted soul, who professes all the virtues and practices all political evil, will be the whipper-in." One month later, March 18, the Call was complaining bitterly that the anti-machine Senators would not permit the same "Lieutenant-Governor of the fatted soul" to whip them into line for the amendment to the Direct Primary bill, which they had rejected on February 18, and for which the Call had praised them generously. The Call's special representative at Sacramento, George Nan Smith, was by this time working openly with Porter, Wolfe, Leavitt, Hartman, Lynch and Burke to compel Senate concurrence in the Assembly amendments, while Senators Boynton, Black, Miller, Campbell, Holohan, Stetson and the other anti-machine Senators whom the Call had formerly backed in their efforts against the machine, had become "pin-head politicians," in the columns of the Call, intent upon defeat of the Direct Primary bill. The Call's extraordinary change and outrageous condemnation of the anti-machine Senators of course brought its protest. The people of Palo Alto met in mass meeting on March 21st, and adopted resolutions condemning the Call's course[50]. Senator Black from his sick bed wrote a letter showing the Call's insincerity and breach of faith with the pro-primary Senators[51]. The paper was bitterly denounced on the floor of the Senate. But throughout the State the newspapers which stand for good government, and incidentally for an effective direct primary law, were firm in their support of the anti-machine Senators. Just before Senator Black was taken ill, for example, at the time when Senator Stetson was unable to be at the capital, the Sacramento Star, in an editorial article under the heading, "Illness a Blessing," cleverly put in a nutshell what the people were thinking and the reform press was saying. "We do not desire to wish Senator Stetson any bad luck," said The Star, "but if his slight indisposition should continue for a few days, or, in lieu of that, if some other solon of the same faith as regards the Primary bill can only contract some minor ailment, there will be more joy than sorrow among the people who want something approaching a real direct primary."[52] Matters were brought to a climax when the performers through Senator Weed - who was, by the way, Chairman of the Committee on Public Morals, which reported adversely on the Walker-Otis bill-introduced a resolution, authorizing the Sergeant-at-Arms to bring Senator Black to Sacramento, even though a special engine and coach be chartered for the purpose[53]. The resolution brought forth indignant protest from the anti-machine Senators, and a telegram from Senator Black to Warren Porter, denouncing the unwarranted proceedings[54]. Nevertheless, Doctor Douglass W. Montgomery of San Francisco, in spite of the fact that four reputable physicians, Dr. Howard Black, Dr. H. B. Reynolds, Dr. J. C. Spencer and Dr. R. L. Wilbur, had certified that Senator black's physical condition did not permit of his being removed to Sacramento, went to Palo Alto with the Sergeant-at-Arms to investigate the sick Senator. Montgomery's investigations seem to have been confined to the outside of Senator Black's house[55]. At any rate he did not see Senator Black. The performance was given its sordid feature by Montgomery charging the Senate $400 for his services. The Montgomery incident demonstrated clearly that the machine was whipped[56]. Senator Wolfe accordingly on Monday, March 22, after holding the Senate in deadlock more than a week, moved that the vote whereby the Senate had refused to concur in the Assembly amendment to the Direct Primary bill, be reconsidered. This, the Senate as a matter of courtesy, at Senator Wolfe's request, did. It then refused to concur in the Assembly's objectionable amendment. For the second time, the Senate went on record against the machine's advisory district-vote plan for the election of United States Senators. For the second time the anti-machine element in the Senate, in its efforts to secure the passage of an effective direct primary measure, had, fighting fair, and in the open, and above board always, defeated the machine. The machine thereupon met the anti-machine element with a trick that completely turned the tables, a trick by which the anti-machine forces were defeated, and the machine element placed in a position to amend the bill as it might see fit. [42] Senator Wolfe, on the day of his defeat in the Senate, told the writer that he would offer no further opposition to the passage of the bill. [43] Charles R. Detrick of Palo Alto, for example, called the attention of both Wright and Van Smith to the errors, and offered his services for their correction, but his offer was declined. [44] The Call's course is all the more reprehensible from the fact that it had for two years been declaring for an effective Direct Primary law, and, indeed, assumed all the credit for the agitation for the reform. [45] The Leeds amendment, which the Call stated was in no way related to the McCartney amendment, read as follows: "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 officers, provided, however, that the vote for candidates for United States Senator shall be an advisory vote for the purpose of ascertaining the sentiment of the voters of the respective Senatorial and Assembly Districts in the respective parties." The McCartney amendment of that section of the bill dealing with the nomination of Senators read: "Amend the bill so as to give an advisory vote by districts on United States Senators." It will be seen that the Leeds amendment and the McCartney amendment were not remotely, but very closely related; were, in effect, the same. [46] A similar example of Pulcifer's trickiness attended the defeat in the Assembly of Boynton's Senate bill providing for a nonpartisan column on the election ballot for candidates for the Judiciary. The measure had the backing of the reform element, and passed the Senate with but little opposition. At that time it would have had even easier sailing in the Assembly. But the machine succeeded in preventing action on the measure In the Assembly until a few hours before adjournment. In the rush of the close of the session, the measure, it is alleged, was made subject of pretty vicious trading. But when it came to a showdown thirty-five votes were cast for the measure and twenty-nine against. Six more votes would have passed it. Had there been full attendance the bill would have been passed. A call of the House was ordered to compel such attendance, but was finally discontinued, by Pulcifer, who had voted for the bill, voting for discontinuance, thus tying the vote. This gave Speaker Stanton an opportunity to end proceedings under the call of the House, by casting the deciding vote against continuance. Stanton, with Pulcifer's assistance, thus cast what was practically the deciding vote that killed the bill. Had the call of the House been continued until all the Assemblymen were brought in, the measure would probably have been passed. [47] The vote in full was as follows: For the amendment and against the bill as it had passed the Senate: Barndollar, Beatty, Beban, Black, Butler, Coghlan, Collier, Collum, Cronin, Cullen, Feeley, Greer, Hammon, Hanlon, Hans, Hawk, Grove L. Johnson, Johnson of San Diego, Johnston of Contra Costa, Leeds, Lightner, Macauley, McClellan, McManus, Melrose, Mott, Nelson, O'Neil, Perine, Pugh, Pulcifer, Rech, Rutherford, Schmitt, Stanton, Transue, Wagner, Wheelan - 38. Against the amendment and for the bill as it passed the Senate: Beardslee, Bohnett, Callan, Cattell, Cogswell, Costar, Dean, Drew, Flint, Gerdes, Gibbons, Gillis, Griffiths, Hayes, Hewitt, Hinkle, Holmquist, Irwin, Johnson of Placer, Juilliard, Kehoe, Maher, Mendenhall, Moore, Odom, Otis, Polsley, Preston, Sackett, Silver, Stuckenbruck, Telfer, Whitney, Wilson, Wyllie, Young - 36. [48] When a bill passed by the Senate is amended in the Assembly the measure goes back to the Senate. If the Senate concur in the amendments, that settles the matter. But if the Senate refuse to concur, then the bill goes back to the Assembly, where that body may recede from its amendments or refuse to recede. If the Assembly recede, the measure goes to the Governor just as it passed the Senate. If the Assembly refuse to recede, the measure is referred to a conference committee of six, three appointed by the Speaker of the Assembly and three by the President of the Senate. The Conference Committee may consider only the amendments adopted by the Assembly. If the Conference Committee fail to agree, or if either Senate or Assembly reject its report, then the bill goes to a Committee on Free Conference. The Committee on Free Conference is permitted to make any amendment it sees fit. If its report be rejected by either Senate or Assembly, the bill gets no further; is dead, without possibility of resurrection. Such was the maze of technicality into which Lincoln-Roosevelt Leaguer Pulcifer threw the Direct Primary bill when he changed his vote from no to aye on the Leeds amendment. [49a] The postponements were made from hour to hour. The reform Senators would be informed that the matter would be taken up at eleven o'clock in the forenoon. At that hour, the machine would postpone consideration until three o'clock in the afternoon. At three o'clock, further postponement would be ordered until eight o'clock. At eight o'clock there would be postponement until the next morning. Twenty-one votes were necessary for concurrence in the Assembly Amendments, but a majority of those voting was sufficient to secure postponement. The machine on this issue controlled twenty votes, one short of enough for concurrence, but one more than the nineteen controlled by the anti-machine element, and hence enough to postpone from hour to hour consideration of Wolfe's motion. [49] It is very amusing less than three months later to see those partners of the Direct Primary fight, P. H. McCarthy and the San Francisco Call, in fierce political conflict at San Francisco. [50] The resolutions adopted at Palo Alto read: "Resolved, That we note with disapproval the changed attitude of the San Francisco Call upon the Direct Primary bill, and its attempt to discredit Senator Black and other friends of good government in the Legislature." [51] Senator Black's letter covered the situation fully. It was addressed to the press of the State, and was as follows: "No decent primary law would have been possible but for the combination of thirteen Republicans and seven Democrats in the Senate who have stood together throughout this whole fight. Senator Wright and the 'Call' were powerless in the contest until these twenty Senators got behind them. "One of the conditions of this combination was a State-wide vote on United States Senator, and the 'Call' fought with us against Senators Wolfe and Leavitt on this proposition. Immediately after the bill left the Senate and got into the Assembly the 'Call' began to display a lack of interest in the primary fight. If it had maintained its attitude in favor of the original bill these amendments never would have been proposed by the Assembly." "When the question of concurring in the Assembly amendments comes up, we find the 'Call' and Senator Wright deserting the men who made the primary fight in the Senate and going over to the camp of the 'push' politicians, who have always favored the district plan of nominating United States Senators." "I take issue with the 'Call' when it says: 'As a matter of fact, the whole question of the United States Senatorship is of little importance to the people of California,' etc." "The United States Senatorship is the most important office to be filled by the people of California under the provisions of the proposed Direct Primary law. The so-called district plan for nominating United States Senators is worse than a makeshift. it provides for no pledge on the part of candidates and would be purely a straw vote, binding on nobody." "The stubborn fact remains that the 'Call,' after leading in the fight for an honest Direct Primary law for two years and a half, has deserted the cause of the people at the most critical moment of the struggle." "MARSHALL BLACK." [52] The Star's clever editorial article is worth preserving. It was in full as follows: "There are times, it appears, when the illness of a statesman is good for the people. We do not desire to wish Senator Stetson any bad luck, but if his slight indisposition should continue for a few days, or, in lieu of that, if some other solon of the same faith as regards the Primary bill, can only contract some minor ailment, there will be more joy than sorrow among the people who want something approaching a real direct primary. "As explained in The Star's news columns, had Senator Stetson not been ill, a tie vote on the proposition to concur with the Assembly in amending the primary bill, presumably in the interest of Senator Frank Flint and generally to machine advantage, would have occurred. And then - it's unkind to say such things - any person with a grain of sense would know that Mr. 'Performing' Porter, our honored and distinguished Lieutenant-Governor, would break the tie by casting his vote for the machine. "The evident intention of Senators who stand for the Wright bill in its original form, which is a start toward a real direct primary (and that doesn't include Senator Wright, more's the pity) to dodge the possibility of the tie vote by absenting themselves without leave is regrettable - regrettable only because it is necessary. Their action, with the aim of serving the best interests of the people, is highly honorable compared with the tactics of the powers that be, even unto the Governor himself, who have been trying every means to club legislators into line to stand by the 'organization' and defeat the will of the people. "It's hard to be very sorry just now over Senator Stetson's illness, but he deserves a vote of thanks for contracting that cold. And another for being on the right side." [53] The Weed resolution reads as follows: "Resolved, By the Senate of the State of California, That the President of the Senate be and he is hereby authorized to instruct the Sergeant-at-Arms to Proceed at once to Palo Alto with a competent physician, to be named by the President of the Senate, for the purpose of ascertaining whether it is safe for Senator Black to proceed at once to Sacramento, to attend as a member of the Senate the thirty-eighth session of the California Legislature, and "Be it further resolved, That in the event that such examination results in disclosing a state of health wherein it will be safe for Senator Black to be present, then the Sergeant-at-Arms shall bring him at once to Sacramento and, if necessary, to secure an engine and coach for that purpose." [54] Black's answering telegram was in full as follows: "I beg to inform you (Lieutenant-Governor Porter) and through you the Senate of California that I regard the resolutions adopted last Saturday in reference to my absence, as discourteous, as a reflection on my honor and integrity and as proposing an infringement on my privileges and rights as a Senator and citizen. I have, therefore declined to see the persons sent here under that resolution, and shall continue to decline to see them until my physicians inform me that I can with safety return to Sacramento. "Ample evidence of my physical condition has been presented to your representatives by four reputable physicians, and these physicians have furnished and will furnish evidence of my condition from time to time as requested by you or by the Senate. "MARSHALL BLACK." [55] Dr. Montgomery's $400 report will be found in the appendix. [56] The schemes resorted to to get Black back to Sacramento are almost beyond belief. It was even intimated to him that his bills would be held up if he did not return. The following telegram scarcely requires comment: Sacramento Cal Mch 20-09 Hon. Marshall Black, Palo Alto, Cal. Your bill to issue bonds for general improvement fund before me. I would like to have you here to explain its provisions and the necessity for it. 12-50Pm J. N. GILLETT.