To save himself from a ridiculous position, Davis had to evade the question whether he would rather see an able and effective Democrat elected to the United States Senate than a vicious and corrupt Republican. He failed as miserably in attempting to justify the extreme partisan features of the bill. And the questions which Judge Davis could not answer came from men who wanted to see an effective Direct Primary measure enacted, not from the opponents of the Direct Primary theory.
Of course this dissatisfaction of the advocates of an effective law encouraged the machine to action. The measure was deliberately left with the Committee on Election Laws. The Anti-Gambling bill had passed both Houses by February 4th, one month after the session had opened. But on that date, the Committee had just begun consideration of the measure. To be sure, the Election Laws Committee had been stacked against the Direct Primary bill, but the Public Morals Committee had been stacked against the Anti-Gambling bill as well. But the opponents of racetrack gambling were satisfied with the Walker-Otis bill, while the proponents of the Direct Primary for California were by no means satisfied with the Wright-Stanton bill.
So the machine dared do with the Direct Primary bill what it did not dare do with the Anti-Gambling bill. The Walker-Otis bill had a standing which the Wright-Stanton bill did not have.
That the Committee on Election Laws did not act early in the session on the Direct Primary bill was not because of the purpose of Senator Estudillo, Chairman of the Committee. Time after time did Estudillo call meetings for consideration of the bill, and repeatedly, he found only himself, and Senators Stetson and Wright in attendance. Finally, in February, Senator Estudillo succeeded in getting his committee together for consideration of the all-important measure.
That the machine proposed to make the bill inoperative was recognized from the moment the committee was called to order. The manner in which this was to be done developed as rapidly. The machine's plan was as follows:
(1) As to candidates:
The machine proposed to amend the bill so that either a majority or a high plurality vote should be required to nominate candidates at the primary election. In the event of no candidate for a given office receiving a majority or the required plurality, the nomination was to be made by a nominating convention as under the old convention system. With such a provision it would have been easy for the machine to introduce a large number of candidates at the primaries, thus making it impracticable for any one of them to receive a majority or even a high plurality vote. This would have thrown nominations into a convention. Thus, while the State would have had a Direct Primary law, it would have been practically impossible to nominate a candidate under its provisions.
(2) As to United States Senators:
To deny The People a voice in the election of United States Senators, the machine had two plans:
(A) To cut all provisions for the election of United States Senators out of the bill.