The Machine Lobbyist At Work.
How, Jere Burke Arrayed the County Officials of the State Against Two
Beneficial Measures - How the Power of the Southern Pacific Was Employed
Against a California Enterprise - Danger Which Constantly Menaces
Legitimate Enterprises.
The problem of drawing the line between legitimate and reprehensible lobbying has perplexed wiser men than sat in the California Legislature of 1909.
On the side of the lobbyist it may be said there seems no good reason why a citizen or representative of a corporation which is interested in pending legislation should not appear at the Capitol and in a legitimate way present his case to the members of the Legislature. In fact, the theory of committee consideration of measures introduced in Senate or Assembly, is based on the principle that it is the citizen's right to be heard on any matter that may be pending before the Legislature. The citizen cannot be heard before either the Senate or Assembly; he can, however, present his case to the committee the decision of which carries weight with that branch of the Legislature for which it acts. No one can object, for example, that Mr. P. F. Dunne appeared before the Senate Committee on Corporations, when the Railroad Regulation bill was under consideration, to present the railroad's side. Mr. Dunne appeared openly and aboveboard, and although he sought deliberately to misrepresent the situation to the Committee, nevertheless to object to his visiting Sacramento, or even to the work which he did while there, would be forced and far-fetched.
In the same way, Mr. Seth Mann, representing the shippers of California, appeared before the Committee and presented the side of the shippers. Mr. Mann spoke for the shippers precisely as Mr. Dunne spoke for the railroads. Mr. Mann, however, did not stoop to misrepresentation and deception.
But if Mr. Dunne for the railroads or Mr. Mann for the shippers had departed from openly-presented argument to buttonhole Senators or Assemblymen to tell them they must vote for or against a given measure, or look out for trouble, immediately would he be open to criticism. If either went during roll call from Legislator to Legislator to tell the members how they were to vote, again would he be justly criticized. Or had Mr. Dunne employed the influence of the great corporation which he represents to defeat or pass a measure in which his company can have no legitimate interest, again would there be good reason for complaint. Mr. Dunne could very properly - while acting as agent of the Southern Pacific Railroad Company - urge in a legitimate way the corporation's objections to the Demurrage bill, to the Full Crew bill, to the Railroad Regulation bill, or any other measure affecting common carriers. But for Mr. Dunne to have employed the influence of his position as political representative of a common carrier to force the passage of the Change of Venue bill for example, or defeat an effective Direct Primary bill, or the Party Circle bill, or the Judicial Column bill, would have been most reprehensible, for the Southern Pacific Company can have no legitimate interest in any of these measures.
So far as the writer knows, Mr. Dunne did not concern himself with any measure, except those in which his company was legitimately interested. But paid servants of the Southern Pacific Company were at Sacramento throughout the entire session, and managed to have their fingers in about all that was going on. The most conspicuous of them was Mr. J. T. Burke, more familiarly known as "Jere" Burke.
A fair sample of Burke's methods - and Burke is merely typical of the objectionable lobbyist - is found in the campaign which was carried on against Senate Bills 1229 and 1230. Had these measures become laws, it would have been possible for county assessors to discover property, owned principally by public service corporations, which at present escapes taxation. It is estimated that the total taxable value of this untaxed property is $100,000,000. It is not taxed because assessors have no means of reaching it. Mr. Burke's company could have no legitimate interest in Senate Bills 1229 and 1230. This statement is made, of course, on the assumption that the officials of the Southern Pacific Company aim to make honest returns to the tax collector. But to return to Senate Bills 1229 and 1230, and Burke's connection with them.
The two measures were intended to amend sections of the Codes relating to the assessment of property. Section 3681 of the Political Code provides that "during the session of the Board (of Supervisors sitting as a Board of Equalization) it may direct the Assessor to assess any taxable property that has escaped assessment, or to add to the amount, number and quality of property, when a false or incompetent list has been rendered."
Under this section, as it at present reads, the Supervisors may direct the Assessor to assess property that may have escaped assessment, but there is no machinery provided by which the property may be discovered. Senate Bill 1229 provided the machinery by which the unassessed property might be discovered, by adding to the section quoted above: "And the Board (the Supervisors sitting as a Board of Equalization) may employ legal or other assistance in discovering any taxable property that has escaped assessment in the performance of their duties under this section."