But in ways other than generous increase in the salaries of its deputies has the Fish Commission shown its kingly independence. The law provides that each State official and Commission shall, biennially, in the September before the Legislature convenes, file with the Governor a report of its activities and expenditures. This enables the Governor to make such recommendations as he may deem necessary in his message to the Legislature. The Controller, Attorney General, in fact all the State officials and departments, observed the law last September with but one exception. The Fish Commission, costing the State from six to eleven times more money that the State departments, did not file a report with the Governor.
The fact that the Commission had filed no report in September, the generous increase in salaries of its deputies, alleged instances of arbitrary conduct of its representatives, resulted in a resolution being introduced by Assemblyman Harry Polsley, demanding that the Commission be made the subject of legislative inquiry.
The resolution was referred to the Assembly Committee on Fish and Game, a committee notoriously in sympathy with the Commission. The Committee held a sort of preliminary hearing which resulted in a general whitewashing[100]. Polsley made out what was generally regarded as a prima facie case against the Commission, but the Committee did not choose to consider it such, and so the investigation got no further[100a].
But it was noticeable after the "preliminary hearing" that the advocates of the Fish Commission measures did not show up so sprightly confident of their passage as before. Polsley's efforts were by no means lost. Many measures intended to strengthen the already gigantically strong Commission failed of passage, or had their viciousness amended out of them, which, had it not been for Polsley's efforts, might have become laws.
The most important of these was Senate Bill 741. The measure as originally introduced by Senator Willis provided that "every person in the State of California, who hunts, pursues or kills any of the wild birds or animals, excepting predatory birds or animals, or fishes for or catches with hook and line any of the protected fish of this State, without first procuring a license therefor, as provided in this Act, is guilty of a misdemeanor."
Had the act become a law as introduced, not only those who hunt, but those who fish, would have been obliged to pay one dollar for a license. Thus, if a family of father, mother and three children wanted to go fishing, they would first have had to pay five dollars for the privilege.
The writer has it from a gentleman who has made careful study of the Fish Commission and its ways that the licensing of amateur fishers would have increased the income of the Fish and Game Commission $150,000 a year. This, with the income already enjoyed by the Commission of $184,000 a year, would have swelled its annual income to more than $330,000. This sum is $90,000 more than it cost to maintain the Stockton Hospital for the Insane for the fiscal year ending June 30, 1908; $125,000 more than the maintenance of the Agnews Asylum for that year; $122,000 more than the cost of the maintenance of the Folsom State Prison. The Fish and Game Commission was scarcely modest in its demands[101].
Naturally, the backers of the Fish and Game Commission made a hard fight for the measure's passage. But in spite of their efforts they could not edge it through the Senate until March 3d. In the Assembly, the measure met genuine opposition.
The Assembly Committee on Fish and Game of course recommended it for passage, and on March 15th, after a hot fight, it actually passed the Assembly. But Cattell gave notice of reconsideration. Incidentally, Governor Gillett let it be known that he would veto any measure that required amateur fishermen to pay license. This was a damper upon the Fish Commission crowd. When Cattell called the bill up for reconsideration it was reconsidered and defeated. However, Leeds accepted an amendment which struck out the clause which provided that amateur fishermen must pay a license tax. On Leeds' motion the next day, the amended bill was reconsidered and passed.
The three Fish and Game Commissioners serve without salary. Their compensation comes from the pleasure of disbursing upwards of $200,000 a year, what political prestige there may be in it, and rather generous expense money[102]. But a bill was introduced to give each Commissioner a salary of $3,000 a year. The measure did not become law, for which the writer believes much credit is due Assemblymen Polsley of Red Bluff. The State was thus saved $9,000 a year. General Stone and his associates are just that amount out of pocket. They have, however, given no indication of resigning their offices because the salary has been denied them.