"As explained in The Star's news columns, had Senator Stetson not been ill, a tie vote on the proposition to concur with the Assembly in amending the primary bill, presumably in the interest of Senator Frank Flint and generally to machine advantage, would have occurred. And then - it's unkind to say such things - any person with a grain of sense would know that Mr. 'Performing' Porter, our honored and distinguished Lieutenant-Governor, would break the tie by casting his vote for the machine.
"The evident intention of Senators who stand for the Wright bill in its original form, which is a start toward a real direct primary (and that doesn't include Senator Wright, more's the pity) to dodge the possibility of the tie vote by absenting themselves without leave is regrettable - regrettable only because it is necessary. Their action, with the aim of serving the best interests of the people, is highly honorable compared with the tactics of the powers that be, even unto the Governor himself, who have been trying every means to club legislators into line to stand by the 'organization' and defeat the will of the people.
"It's hard to be very sorry just now over Senator Stetson's illness, but he deserves a vote of thanks for contracting that cold. And another for being on the right side."
[53] The Weed resolution reads as follows: "Resolved, By the Senate of the State of California, That the President of the Senate be and he is hereby authorized to instruct the Sergeant-at-Arms to Proceed at once to Palo Alto with a competent physician, to be named by the President of the Senate, for the purpose of ascertaining whether it is safe for Senator Black to proceed at once to Sacramento, to attend as a member of the Senate the thirty-eighth session of the California Legislature, and
"Be it further resolved, That in the event that such examination results in disclosing a state of health wherein it will be safe for Senator Black to be present, then the Sergeant-at-Arms shall bring him at once to Sacramento and, if necessary, to secure an engine and coach for that purpose."
[54] Black's answering telegram was in full as follows: "I beg to inform you (Lieutenant-Governor Porter) and through you the Senate of California that I regard the resolutions adopted last Saturday in reference to my absence, as discourteous, as a reflection on my honor and integrity and as proposing an infringement on my privileges and rights as a Senator and citizen. I have, therefore declined to see the persons sent here under that resolution, and shall continue to decline to see them until my physicians inform me that I can with safety return to Sacramento.
"Ample evidence of my physical condition has been presented to your representatives by four reputable physicians, and these physicians have furnished and will furnish evidence of my condition from time to time as requested by you or by the Senate.
"MARSHALL BLACK."
[55] Dr. Montgomery's $400 report will be found in the appendix.
[56] The schemes resorted to to get Black back to Sacramento are almost beyond belief. It was even intimated to him that his bills would be held up if he did not return. The following telegram scarcely requires comment: