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Story of the Session of the California Legislature of 1909 by Franklin Hichborn
page 177 of 366 (48%)
been taken up. The Senate then took up the second reading of Assembly
bills, and then the Special File of Appropriation bills. A communication
from Dr. Howard Black and Dr. Harry D. Reynolds was read setting forth
that Senator Black was too ill to leave Palo Alto. Bills were passed and
bills were withdrawn. Senator Strobridge reported that Senate Bill No.
862 had been correctly engrossed. And through it all the machine was
watching for the favorable moment to force the passage of the Change of
Venue bill.

The moment came just before noon. Like the snap of a trap Leavitt asked
for unanimous consent to take up Assembly Bill No. 6, out of order. The
anti-machine Senators are never guilty of discourteous treatment of a
fellow Senator. They granted the request.

Senator Wright vouched for the bill. He stated that it was a good bill
and should be made a law. Senator Wolfe spoke for it, in fact led the
debate to secure its passage. On the other hand, Senator Boynton very
pointedly told Senator Wright that the bill was not a good measure and
should not be passed "Judges of the Supreme Court tell me," said
Boynton, "that this is a bad bill."

Senator Cutten made a strong speech against the bill, which he denounced
as bad in principle. Holohan stated that if the measure became a law it
would give a bunco steerer a chance to disqualify every decent Judge in
the State. Roseberry denounced the measure as vicious.

When the vote was taken, every Senator who supported it was in his seat,
but Burnett, Estudillo and Rush were absent. This would have made the
vote 18 to 18, the backers of the measure requiring three more
affirmative votes for its passage. But Miller and Lewis were led to vote
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