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Story of the Session of the California Legislature of 1909 by Franklin Hichborn
page 179 of 366 (48%)
in the record by voting against it. These, with Burnett and Rush, gave
twenty-one votes, enough to force reconsideration and to defeat the
bill.

But there was a weak link in the combination,Kennedy. Senator Kennedy
voted throughout the session consistently with the Wolfe-Leavitt
element, but he voted against the Change of Venue bill. When Saturday
morning came, however, Kennedy could not be found. When reconsideration
of the bill came up, Burnett and Rush were out in the hallway. Miller
and Lewis voted to reconsider, which made the vote eighteen to eighteen.
Twenty-one votes were necessary for reconsideration. With Kennedy,
Burnett and Rush, reconsideration could be forced and the bill defeated.
The only way the absent Senators could be reached was through a call of
the Senate, which required a majority vote of those present. A motion
for a call of the Senate was defeated by a vote of eighteen to
eighteen[78].

This was the real test vote on the Change of Venue bill. It will be seen
that Miller and Lewis and Estudillo, who had voted for the bill the day
before, voted for a call of the Senate. They would, on reconsideration,
have voted against the bill, and its passage on reconsideration would
have been impossible. Had Kennedy or Rush or Burnett been present, the
motion for a call of the Senate would have prevailed, the vote on the
Change of Venue bill been reconsidered, and the measure defeated.

Half an hour later, when Kennedy's vote was necessary to enable the
machine to continue the deadlock on the Direct Primary bill, Kennedy
turned up to do his part in that not very creditable performance.

In this way did the machine element secure the passage of the Change of
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