The bill for the extension of New Montgomery street had gone to Governor Haight. It leaked out from the executive chambers that a veto message was being prepared. The Governor had ten days in which to veto the bill, otherwise it became a law by default. It was on the afternoon of the last day, shortly after the Senate had re-assembled, when one of my attorneys, Creed Haymond, said in a musing way, “If the Senate could only be induced to adjourn we would not have to worry about a veto message. Then it could not be delivered to anyone, and by twelve o’clock to-night would become a law.” That set me thinking in a moment. “Is that correct?” I asked. Haymond replied that he was certain, although he was not sure that the point had ever been tested by the courts.
The emergency demanded swift work. To offer a motion to adjourn, just after settling down to business, would certainly have aroused suspicion and a general rumpus. Here I worked in a bit of strategy or what might have more properly been called chicane, which I trust may be pardoned me in my final account.
Senator John S. Hager was the leader of what might be called the “reformers” and had quite a following among his fellow members. He was the unwearied foe of anything like a job. Among other measures, he had opposed the Montgomery Street Extension bill. But there were several bills on a special file that afternoon that were his pet abominations and he justly feared that they might slip through. While in this frame of mind, a certain gentleman called him aside and advised him that several members were anxious for an adjournment, that if he would make the motion it would probably carry and the obnoxious bills would lose their places on the special file and their chance of final passage.
The Senator swallowed the bait—hook, sinker and all. While he was lining up the “reformers,” somebody else was attending to the “performers,” and when the gentleman made his motion to adjourn he must have been gratified at the unexpected support. It went through nem con, as the lawyers say. The officers of the Senate were hurried out of the room on one pretext or another and in a few minutes the chamber was vacant.
Dr. Edward R. Taylor, later Mayor of San Francisco, was the very efficient private secretary of Governor Haight. I was in an agony of fear lest he should pop into the Chamber with the fatal message before the adjournment could be arranged. For this reason, I had several effective conversationalists stationed between the Governor’s office and the Senate, to engage the secretary for a few minutes if he chanced to appear. This they actually did, although Dr. Taylor has forgotten the incident. What he does remember was that he found much to his surprise an empty Senate Chamber, and after ruminating over the situation for a time, carried back the veto message to the Governor’s office and laid it on his desk.
On the following day the Governor attempted to deliver his message, but the Senate held he was too late. His Excellency refused to certify the bill to the Secretary of State as passed and I brought a mandamus suit to compel him to take that action. The title of the case was Harpending vs. Haight, and attracted a wide attention at the time. It was carried to the Supreme Court on an agreed statement and decided within fifteen days in my favor. The decision can be found in Vol. 39, Cal. Reports, page 189. Other Governors have been cautious not to hold back their vetoes till the last day. Hager roared like a wounded bull buffalo when he found out how he had been used, but his lamentation bore no fruit.
Thus the Montgomery South bill became a law of the State, although the Governor liked it not. Commissioners were appointed by Judge Lake, a lot of work was done in surveys, estimates of benefits and damages, but in the end it came to naught. Two years later, while I was in Europe, a bill with a misleading title, designed to repeal the act, was introduced and Ralston, busy with many things, never knew about it until it had sneaked through both houses and become a law. Because of this, New Montgomery street still halts at Howard street and bids fair to camp there forever more.
As to the Rincon Hill measure, that also passed both houses triumphantly, but was held back through the opposition of Senator Hager, so that it went to the Executive just one day beyond the period when a return to the Legislature must be made. It found a peaceful resting place in the Governor’s capacious pocket.
Thus all our grand schemes for the development of the city southward fell by the dreary wayside of lost opportunity. I do not pretend for a moment that Ralston and myself were inspired in our efforts by the pure spirit of benevolence. We would have made our profit, but a mere trifle in comparison to the public good. It was the most comprehensive plan for the city’s improvement ever presented in a concrete form, and the pity is it was not better understood.
Just take a retrospect. Who is there who would not admit that five fine level streets from Market, between First and Third, southward to the bay, would not be a vast improvement and convenience to business, over the blockade that prevails to-day?