ON Labor Legislation EXTRA SESSION OF THE THIRTY-NINTH California Legislature November 27 to December 24, 1911 ISSUED BY CALIFORNIA STATE FEDERATION OF LABOR SECRETARY’S OFFICE Labor Temple, 316 Fourteenth Street SAN FRANCISCO, CAL. INTRODUCTORY. ill A G.° jo The extra session of the Thirty-ninth Legislature convened November 27th and concluded its labors, December 24, 1911. During the twenty-eight days of its existence, 128 bills, 20 con- stitutional amendments, and numerous joint and concurrent resolu- tions were introduced. Of these, about 63 bills, 2 constitutional amendments, and a number of resolutions were passed by both houses. The more important measures passed are: The public utilities bill, the Young presidential primary bill, the Shanahan resolution to submit to the people a constitutional amendment providing for the free distribution of text books in all elementary schools of the State, two bills re-apportioning the legislative and congressional districts of the State, in accordance with the constitutional re- quirement for re-districting every ten years, Caminetti’s water con- servation bill, ten bills modifying the election laws of the State in adapting the code to the granting of suffrage to women, bills relating to election officers and the registration of electors, bill creating the office of registrar of voters in counties where such office did not exist, a bill providing for the supervision of all State advertising by the Board of Control, bills approving the charters of Stockton and Sacramento, two bills increasing powers of the Industrial Accident Board in the gathering of personal injury statistics and allowing the expenditure of fifteen thousand dollars of the board’s funds for this purpose, bill providing for inter- insurance against risks of any kind, including liabilities for acci- dental injuries to employees, a series of bills providing the machin- ery for making effective the Initiative, the Referendum and the Recall constitutional amendments adopted at the last general elec- tion, bills covering the incorporation of municipal water districts, building and loan supervision, irrigation bonds and irrigation dis- tricts, the acceptance 'of abstracts of title and pencil notes as guarantees of ownership where public records have been de- stroyed, the acquisition of lands for public parks and playgrounds by municipalities, and the adjustment of the controversy between the State and Federal Government regarding 16,000 acres of school lands, and also withdrawing such lands from sale until 1913. The more important measures of those enumerated are dealt with in the remainder of this report. PUBLIC UTILITIES COMMISSION. The public utilities bill embodies the results of years of inves- tigation and study of the subject by the present members of the 3 Railroad Commission and their attorney, Mr. Thelen. It repeals the Railroad Commission act passed at the last session, places all public utilities, not under local control, under the supervision of the Railroad Commission, and provides for the appointment of two additional members. The commission is empowered to regulate rates, standards of equipment and service, and the issue of stocks and bonds. California is the tenth State to adopt such a law, and Governor Johnson has issued a statement to the effect that the en- actment of this law alone is worth more to this State than the cost of the extra session, and that it is the most important single measure so far passed under his administration. Corporation at- torneys by the score offered objections and amendments; these were carefully scrutinized and in certain instances acceded to. Two sections affected labor; one of them was suitably amended; with regard to the other, Mr, Thelen, speaking for the commission, said the interests of labor would be carefully guarded, and that within ^ the eight years vouchsafed to the present membership of the commission such rules of practice and regulation by law would be made that there would be no occasion for complaint or distrust of the use of the powers granted to the commission by this bill. Another bill was passed also, which makes it optional for cities to retain control over their public-service corporations or to call for elections to transfer such control to the Railroad Commission, or to retake this power at any time. PRESIDENTIAL PRIMARY. The presidential primary bill provides for the election of delegates to national party conventions by a State-wide vote. Two can- didates must be nominated from each congressional district by a one per cent petition of their party, and four candidates at large. The State party organization is empowered to group twenty-six nominees on the ballot, under the name of the presidential can- didate for whom preference is expressed, the winning group to be pledged by the State-wide vote as an undivided delegation. In the Senate, Cassidy, Curtin, Hare, Juilliard, Martinelli, Sanford, Wolfe and Wright voted for an amendment, which, if adopted, would have permitted electors to vote also their preference for Vice-President, in like manner as for President; but, this was coupled with the objectionable provision that only four delegates at large be elected by a State-wide vote, the remainder to be elected by congressional districts; it was also made elastic so as to make allowance for a case when a national party required less than twenty-six delegates. 4 FREE TEXT-BOOKS. Shanahan’s constitutional amendment providing for free text-books in public schools caused considerable stir. Having been introduced in both houses, it passed the Assembly without difficulty, after an amendment to extend this aid also to private schools with similar grades had been lost by a vote of 23 ayes and 50 noes. The fight in the Senate lasted a whole week and occasionad some parliamen- tary bitterness which could well have been avoided. All the Sen- ators from San Francisco were opposed to the measure in the form it was presented, most of them favoring an amendment similar to the one defeated in the Assembly. Curtin and Larkins wanted an amendment to empower the Legislature in the future to reorganize the State Board of Education. A poll of the Senate then revealed the fact that the necessary 27 votes were to be had if Curtin’s suggestion was accepted. Roseberry’s vote was doubtful, but during the final debate he announced that he would vote for free text-books notwithstanding he had received information to the effect that some members of the Assembly would vote against his bills pending there if he should vote against the Shanahan amend- ment. This he deprecated as an attempt at intimidation, but in spite of this he said it had no influence on his vote. It was then put to a vote and was adopted by 27 votes, the nine San Francisco members voting “No.” Caminetti, who has been waiting for many years to be recorded as voting aye for free text-books, happened just then to be out of the Senate chamber, and a call of the Senate did not last long enough to give him his cherished oppor- tunity. The San Francisco delegation had to bear much denuncia- tion for opposing this measure. Senator Shanahan openly charged that they (the San Francisco Senators) opposed the policy of or- ganized labor on this question, an accusation which was generally considered true. CONSERVATION MEASURES. The so-called Glavis-Pardee conservation bill, promoted by Assem- blyman Clark, was defeated in the Assembly. The defeat, in which the San Francisco delegation took a part, was due mainly to the frantic appeals of country members that it would hamper irrigation projects. Another bill, however, which was similar in intent but less drastic, passed the Senate where the period of water appropria- tion was fixed at fifty years, although its author, Caminetti, wanted it to be forty years. The San Francisco delegation was by resolu- tion telegraphed from the Board of Supervisors informed as to the correct attitude to take on this subject which affected the Hetch 5 Hetchy water rights, and thereafter it assisted in every way to get a satisfactory measure passed. The Assembly restored the or- iginal forty-year provision and amended the bill further so as to improve it, and the Senate concurred. During a debate on this measure when many Senators argued that the conservation policy, too strictly adhered to, would retard the growth of the State, Senator Boynton made a significant remark to the effect that, if any one at the last session had dared to speak in favor of cor- porations, ever so slightly, it would have been considered treason to the people; for his part he had on this subject the same con- victions and had voted for them at the last session, although he had refrained from expressing his sentiments otherwise than by voting. He proposed a thirty-five year provision, not because he believed in it, but because he thought the Assembly would never consent to fifty years, as he thought it was inclined towards a period not much above twenty-five years. Senator Boynton is quoted on this matter for no other reason than to show what the corporation view is, and to call labor’s attention to the fact that conservation will be one of the great questions to be decided at the next session, when it will behoove labor to insist that if water rights are to be given away for long terms, compensating advan- tages in the interest of the people must be exacted; otherwise, after the State’s most valuable rights have been given away, there will be nothing left to conserve for future generations. REGISTRATION LAWS. The registration laws were among other respects amended so as to do away with the requirements that electors must state their exact age. This feature was adopted prior to the use of an elector’s signature as a means of identification, and it should be dispensed with in order to encourage women as much as possible to exercise their right to vote, also to suppress the reprehensible practice of the reactionary press to tabulate and publish the ages of registered women, as was done immediately the suffrage amend- ment was adopted and began to be enforced. EMPLOYERS’ LIABILITY. Two bills were introduced by Senator Roseberry, empowering the Industrial Accident Board to gather statistics and disseminate information regarding employers’ liability and compensation, also requiring employers, physicians and liability insurance companies to report to the Board all accidents and circumstances connected therewith. 6 Senate Bill No. 11, appropriated $15,000 to enable the Board to carry out this work. Senate Bill No. 12, dealt exclusively with the reporting of accidents. Although of minor importance, these two bills were opposed with as much determination as if a life and death struggle be- tween capital and labor was on. Both bills were amended by the Assembly so as to exempt farmers, dairymen, horticulturists, poul- try raisers, and employers of domestic servants, from reporting accidental injuries suffered by their employees. It was argued in behalf of these classes of employers that it would be unjust to penalize them for failure to report such accidents, as many of them are “ignorant foreigners,” uneducated in the ways of express- ing facts correctly, do not keep books, and as a rule lack sufficient intelligence to comply with the request to make out a report such as might be required by the Industrial Accident Board. These and similar arguments (?) convinced the majority in the Assembly that it would be bad to concede anything to the Senate which had accepted these bills as originally proposed. While the vote to amend Senate Bill No. 11, so as to exempt farmers, was taken, a call of the house was asked for; this, according to the undem- ocratic ways of the Assembly, had to be decided by a roll call vote. As this roll call clearly defines that portion of the so-called country caucus which is unalterably opposed to any kind of labor legislation affecting small business, the “No” vote on the motion to have a call of the house is herewith given: Noes — Bennink, Bishop, Bohnett, Brown, Butler, Chandler, Coggswell, Cronin, Crosby, Flint, Freeman, Gaylord, Griffiths, Guill, Hall, Hamilton, Harlan, Held, Hinkle, Hinshaw, Jasper, Jones, Judson, Kehoe, Lynch, Maher, McGowan, Mott, Randall, Rosendale, Stuckenbruch, Tibbits, Wyllie, and Speaker Hewitt. The amendment to exempt farmers was soon after passed by 40 ayes and 33 noes. The Ayes were on this roll-call voted by the same members who voted “No” on the previous motion, with the following changes: The caucus lost the Speaker’s vote, but gained the votes of Bliss, Cattell, March, Slater and Stevenot, who had voted against the caucus in demanding a call of the house; the caucus also gained the votes of Mendenhall and Wilson, who had not voted before. The Senate refused to concur in the amend- ment, and the Assembly stubbornly refused to recede. The bill then went into conference, and the conferees being unable to agree, it was sent into free conference. Thereupon the bill came out with the exemption clause stricken out and the penalty reduced 7 simply to a fine not exceeding ten dollars and leaving out the alternative provision for imprisonment. In this shape the bill passed both houses. Senate Bill No. 12 went through the same rough experience, but did not fare so well in free conference, as it finally passed both houses with the clause exempting farmers, and the other classes of employers named therein, from the operation of the law. There was no opposition to Roseberry’s bill providing for inter- insurance against accidents, because it is entirely voluntary in character. REAPPORTIONMENT. The reapportionment of Senate and Assembly districts was the greatest fight of the extra session and lasted almost to the last minute. No headway had been made up to within three days of adjournment, wherefore heroic tactics had to be resorted to in order to pass any reapportionment bills at this session. On Friday morning, December 22, Senator Boynton addressed the Senate and described the situation as it was, declaring that unless the Assem- bly adopted the joint rules proposed by the Senate or other such rules, the Legislature must adjourn without accomplishing its main purpose. Immediately both houses, and particularly the Assembly, were in a great upheaval. After a most heated debate, the Assem- bly adopted amended joint rules. Brown’s amendment permitting any number of free conferences was lost by 30 ayes and 44 noes. The Senate quickly concurred in the new joint rules, the date of final adjournment was set, and the stage was ready for the last performance. Committees on conference and free conference fol- lowed quickly in succession. The free conference committee of the Senate consisted of Boynton, Roseberry and Stetson, that of the Assembly were Bohnett, Jones and Judson. From statements made by Boynton to the Senate, the free conference divided itself into subcommittees, and the Assembly members, who were all caucus men, drew the lines of the Assembly districts; it was stated further that the committee worked on the theory that it had to report back such a bill as would receive a majority vote in both houses, otherwise there would be no reapportionment. Nearly every member of the Legislature was therefore asked if he would vote for this or that kind of a bill from the committee. It was not a question of justice or constitutional requirements with the committee, but simply what kind of a reapportionment would go through acceptable to the majority. In the final debate in the Assembly, the origin, history and purposes of the country 8 caucus were minutely described by its friends and its toes; and the will of that organization conquered all opposition. WEIGHTS AND MEASURES. The weights and measures bill by Senator Welch was subject to continuous onslaughts by its opponents until it received the final deathblow. In order to meet the stream of objections which con- fronted it one or two at a time, it received during its life not less than three to four hundred amendments. When brought out on the floor of the Assembly, its champions assumed that all trace of opposition had been eliminated, excepting that of Mr. Hamilton, who had a rival bill of no practical value and obviously designed as a subterfuge. For instance, Hamilton’s plan does not require the sealing of a single weight, measure or scale in the State, and would leave the inspection for the entire State to be performed by a force of only five men, a force sufficient to guarantee adequate work in but a single one of ouf larger cities during the entire year. Mr. Beatty, who had charge of the bill, offered a set of amendments, some of these only formal and others agreed to by the chief opponents of the measure. To the surprise of Mr. Beatty and his supporters, his set of amendments were voted down by 31 ayes and 45 noes, and thereupon Hamilton’s amendments were adopted by 49 ayes to 17 notes. Those who voted against Beatty’s amendments were in some instances misled by the unfair debate and many misstatements of facts but in the main the opposition came from the country caucus. The Senate refused to concur in the amended bill, and both the conference and free conference committees failed to agree. For this reason no weights and measures law was enacted by this session, although the people of this State by overwhelming vote last October expressed their de- mands for effective legislation on this subject. CONCLUSION. The extra session no doubt fulfilled popular expectation with re- gard to the enactment of progressive legislation insofar as to further increase the opportunities of the people to participate in the political affairs of the State and to exert their influence upon mat- ters of public concern; it also passed progressive legislation to bring corporate interests under closer supervision and control by the State so as to limit abuse of powers and privileges granted to them. On purely economic questions, however, questions that touch more directly the daily wants and needs of the working people of the State, this session proved more clearly than the last that this progressive legislature, and particularly its controlling 9 factor, the country membership, lacked thorough comprehension of the economic ills that affect the masses of the people; and was more than willing to defeat even the moderate demands of Labor. In fact, this legislature has clearly shown its lack of progressive spirit in the economic field, and that it rests content with its progressive endeavors on the political field, and its measures for the protection of small business against the exactions of big busi- ness. So far it has gone and declined to go further. Thus, a new condition confronts labor of this State. This con- dition consists in the attitude of some progressive legislators who represent small business. They would obstruct the realization of Labor’s demands from the progressive movement which has done so much for the people of this State. They would alter the course of progress, ignore the aspirations of the toilers, and thwart their just demands. This must not be. If labor is to obtain its due from the progressive movement, it must assist in purging that movement from those who are untrue to its principles; and it be- hooves organized labor of this State to exert itself to see that the next Legislature will have representatives who are progressive in the economic as well as in the political field. San Francisco, California, January 31, 1912. 10 Printed on Union-Made Paper