It may be said in this connection that neither in the State Statutes, nor in the rules of either Senate or Assembly, is there a word which prohibits the employing of detectives at a Legislative session. Even though Johnson's committee had investigated Anderson's case, and discovered that he was really employing detectives, it is difficult to see how his punishment could have been justified. The incident is certainly one of the most extraordinary of the session - of any Legislative session ever held in this State, in fact.
The most interesting point in the Anderson case was that when pinned down for a reason for excluding him from the Assembly chamber, the offended Assemblyman would invariably reply that he was excluded under the rule which prohibited lobbying.
Curiously enough, however, lobbying, in spite of the rule, continued on the floors of both Houses even during sessions.
When the Islais Creek Harbor bill was under consideration in the Assembly, for example, Carroll Cook, and others interested in the defeat of the measure as it had passed the Senate, appeared openly on the floor and in the lobby of the Assembly, even when the debate was going on, and worked for amendment of the measure to suit their aims. All this resulted in the greatest confusion. But Speaker Stanton seemed absolutely unable to cope with the situation. The lobbying and the confusion continued in spite of Stanton's efforts to enforce something of the appearance of order.
Such scenes were often duplicated in the Senate. When the fight over the Direct Primary bill had the Senate by the ears, Johnnie Lynch, George Van Smith, even President of the Senate Warren Porter, exerted themselves to compel concurrence in the machine-backed Assembly amendments. This was done in the Senate chamber, when the Senate was in session, and Johnnie Lynch and Van Smith in particular were conspicuous in the work in behalf of the machine's policy.
But it was noticeable, that those who advocated reform policies took no such liberties on the floor of either House. They knew better. The danger involved for the lobbyist for reform measures was emphasized the night the measure prohibiting the sale of intoxicants within a mile and a half of Stanford University passed the Assembly.
Charles R. Detrick of Palo Alto, during the call of the House ordered on account of the Stanford bill, was discussing the merits of the measure with Assemblyman Bohnett, who was leading the fight for its passage. It was not a case of lobbying at all, for both men were for the bill,
Nevertheless, Assemblyman Schmitt[99a], who overheard Detrick mention the measure, warned the Stanford man, that if he (Detrick) did not cease his "lobbying" for the bill that he (Schmitt) would have him (Detrick) excluded from the chamber.
Senator Walker, although a member of the Senate, had much the same experience. Walker was discussing the Stanford bill with a friend, when one of the opponents of the measure threatened him with expulsion from the floor of the Assembly if he did not desist.
And even while these threats were being made against the proponents of the bill, opponents of the measure were working openly on the floor of the Assembly chamber against its passage. No suggestion was made that the rule prohibiting lobbying be enforced against them.