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Story of the Session of the California Legislature of 1909 by Franklin Hichborn
page 144 of 366 (39%)
Anthony, Martinelli, McCartney, Wright, Willis, Wolfe, Burnett and
Estudillo - 8.

Absent - Savage - 1.

Thus the Stetson bill after two months of machine effort against it,
went to the floor of the Senate from the Judiciary Committee with the
recommendation that it "do pass." Of the forty Senators, nineteen were
lawyers, and every one of the nineteen was a member of the Senate
Judiciary Committee. Thus the majority of the lawyers of the Senate, in
spite of the confusion which the machine claquers had created, were
willing to take their chances on the constitutionality of the Stetson
bill.

But in fairness it must be admitted that members of the Judiciary
Committee who voted for the absolute rate provision of the Stetson bill
were still in the befuddled condition in which Peter F. Dunne's
sophistry had left them. Senator Miller, for example, in explaining his
vote for the absolute rate, said:

"I take this stand, not that I am convinced that the Supreme Court will
decide the absolute rate to be constitutional; I fear that it may not.
But the maximum rate is little better than no rate at all. I wish the
absolute rate provided in this bill, that the Supreme Court may be given
opportunity to pass upon it."

Senator Roseberry, who voted for the absolute rate, confessed himself as
much at sea as was Senator Miller. Senator Estudillo, who voted for the
maximum rate, insisted that he had not been able to make up his mind
which should be adopted.
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