It will be seen that the Leeds amendment and the McCartney amendment were not remotely, but very closely related; were, in effect, the same.
[46] A similar example of Pulcifer's trickiness attended the defeat in the Assembly of Boynton's Senate bill providing for a nonpartisan column on the election ballot for candidates for the Judiciary. The measure had the backing of the reform element, and passed the Senate with but little opposition. At that time it would have had even easier sailing in the Assembly. But the machine succeeded in preventing action on the measure In the Assembly until a few hours before adjournment. In the rush of the close of the session, the measure, it is alleged, was made subject of pretty vicious trading. But when it came to a showdown thirty-five votes were cast for the measure and twenty-nine against. Six more votes would have passed it. Had there been full attendance the bill would have been passed. A call of the House was ordered to compel such attendance, but was finally discontinued, by Pulcifer, who had voted for the bill, voting for discontinuance, thus tying the vote. This gave Speaker Stanton an opportunity to end proceedings under the call of the House, by casting the deciding vote against continuance. Stanton, with Pulcifer's assistance, thus cast what was practically the deciding vote that killed the bill. Had the call of the House been continued until all the Assemblymen were brought in, the measure would probably have been passed.
[47] The vote in full was as follows:
For the amendment and against the bill as it had passed the Senate:
Barndollar, Beatty, Beban, Black, Butler, Coghlan, Collier, Collum,
Cronin, Cullen, Feeley, Greer, Hammon, Hanlon, Hans, Hawk, Grove L.
Johnson, Johnson of San Diego, Johnston of Contra Costa, Leeds,
Lightner, Macauley, McClellan, McManus, Melrose, Mott, Nelson, O'Neil,
Perine, Pugh, Pulcifer, Rech, Rutherford, Schmitt, Stanton, Transue,
Wagner, Wheelan - 38.
Against the amendment and for the bill as it passed the Senate:
Beardslee, Bohnett, Callan, Cattell, Cogswell, Costar, Dean, Drew,
Flint, Gerdes, Gibbons, Gillis, Griffiths, Hayes, Hewitt, Hinkle,
Holmquist, Irwin, Johnson of Placer, Juilliard, Kehoe, Maher,
Mendenhall, Moore, Odom, Otis, Polsley, Preston, Sackett, Silver,
Stuckenbruck, Telfer, Whitney, Wilson, Wyllie, Young - 36.
[48] When a bill passed by the Senate is amended in the Assembly the measure goes back to the Senate. If the Senate concur in the amendments, that settles the matter. But if the Senate refuse to concur, then the bill goes back to the Assembly, where that body may recede from its amendments or refuse to recede.
If the Assembly recede, the measure goes to the Governor just as it passed the Senate. If the Assembly refuse to recede, the measure is referred to a conference committee of six, three appointed by the Speaker of the Assembly and three by the President of the Senate.
The Conference Committee may consider only the amendments adopted by the Assembly. If the Conference Committee fail to agree, or if either Senate or Assembly reject its report, then the bill goes to a Committee on Free Conference. The Committee on Free Conference is permitted to make any amendment it sees fit. If its report be rejected by either Senate or Assembly, the bill gets no further; is dead, without possibility of resurrection.
Such was the maze of technicality into which Lincoln-Roosevelt Leaguer Pulcifer threw the Direct Primary bill when he changed his vote from no to aye on the Leeds amendment.
[49a] The postponements were made from hour to hour. The reform Senators would be informed that the matter would be taken up at eleven o'clock in the forenoon. At that hour, the machine would postpone consideration until three o'clock in the afternoon. At three o'clock, further postponement would be ordered until eight o'clock. At eight o'clock there would be postponement until the next morning. Twenty-one votes were necessary for concurrence in the Assembly Amendments, but a majority of those voting was sufficient to secure postponement. The machine on this issue controlled twenty votes, one short of enough for concurrence, but one more than the nineteen controlled by the anti-machine element, and hence enough to postpone from hour to hour consideration of Wolfe's motion.