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Story of the Session of the California Legislature of 1909 by Franklin Hichborn
page 178 of 366 (48%)
for the measure, which made 20 votes for the bill and 16 against it. At
this point the bill lacked one vote of passage. Estudillo was, however,
brought in under call of the Senate, and under what amounted to
misrepresentation, voted for the measure. This passed the bill by a vote
of 21 to 18. Boynton changed his vote from no to aye, to give notice
that on the next legislative day he would move to reconsider the vote by
which the bill had been passed. But before he could give notice the
Senate took its noon recess. Boynton under the rules had all day in
which to notify the Senate of his intention, but to make assurance
doubly sure, he told the clerk at the desk not to send the bill to the
Assembly for he would as soon as the Senate re-convened, give notice of
his motion to reconsider.

Nevertheless, when the Senate reconvened, Boynton found that the bill
had been rushed over to the Assembly, "to save time," according to the
excuse given.

Senator Boynton insisted that the bill be returned from the Assembly.
Wolfe asked Boynton "as a matter of Senatorial courtesy," to permit the
vote on the bill to be taken on a motion to have it returned from the
Assembly. This request was so ludicrous, in view of the treatment that
had been accorded Boynton, that it provoked a smile. Boynton refused to
be "courteous," the bill was returned from the Assembly and regularly
reconsidered the next day.

With 21 votes against the measure, there seemed little doubt that it
would be reconsidered and defeated. Twenty-one votes were necessary for
reconsideration. Lewis and Miller had thought better of their vote of
Friday and were prepared to vote against the bill. Estudillo,
understanding the measure thoroughly, was anxious to set himself right
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