an ending of the release of convicted criminals because of trivial technicalities. This amendment provides that "no judgment shall be set aside, or new trial granted in any criminal case on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless, after an examination of the entire cause including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice."

This amendment was adopted by both Houses, and submitted to The People for ratification.881

Rogers of Alameda, Rutherford, Slater, Stevenot, Sutherland, Tibbits, Williams, Wilson, Wyllie, and Young-44.

Against the amendment-Bishop, Brown, Callaghan, Coghlan, Cronin, Cunningham, Denegri, Feeley, Fitzgerald, Freeman, Hall, Hayes, Jasper, Jones, Kennedy, Lynch, Lyon of San Francisco, Maher, March, McDonald, Mullally, Nolan, Rimlinger, Rodgers of San Francisco, Rosendale, Ryan, Sbragia, Schmitt, Smith, Stuckenbruck, Telfer, and Walker-32.

380 of this amendment the labor representatives who attended the 1911 session of the Legislature in their report, issued by the California State Federation of Labor, said:

"This measure (Senate Constitutional Amendment 13), passed by the Senate, but we were successful in having it defeated in the Assembly. This measure was vigorously supported by antilabor men throughout the State."

381 The vote by which Senate Constitutional Amendment 26 was adopted was as follows:

In the Senate:

For the amendment-Avey, Beban, Bell, Birdsall, Black, Boynton, Bryant, Burnett, Campbell, Cassidy, Curtin, Estudillo, Gates, Hans, Hare, Hewitt, Holohan, Hurd, Juilliard, Larkins, Lewis, Martinelli, Regan, Roseberry, Rush, Sanford, Shanahan, Stetson, Strobridge, Thompson, Tyrrell, Walker, Welch, and Wright-34. Against the amendment-None.

In the Assembly:

For the amendment-Beatty, Beckett, Bennink, Bohnett, Brown, Butler, Callaghan, Cattell, Clark, Coghlan, Cogswell, Cronin, Crosby, Cunningham, Denegri, Farwell, Feeley, Freeman, Gaylord, Gerdes, Griffin of Modesto, Guill, Hamilton, Hayes, Hewitt, Jasper, Jones, Joel, Judson, Kehoe, Kennedy, Lamb, Lynch, Lyon of Los Angeles, Lyon of San Francisco, Malone, McDonald, Mendenhall, Mott, Nolan, Preisker, Randall, Rimlinger, Rodgers of San Francisco, Rosendale, Rutherford, Ryan, Slater, Smith, Stevenot, Sutherland, Tibbits, Wilson, Wyllie, and Young-55.

Against the amendment-None.

Anti-Japanese measures were introduced in each House, as in 1907 and 1909. By and large the measures were the same as those introduced at previous sessions, but, as at previous sessions, JAPANESE not one of the measures became a law. BILLS.

THE

The principal contest was over the socalled Anti-alien land bill. As a matter of fact, the measure was not an anti-alien land bill, strictly speaking, but an anti-Asiatic measure. Instead of providing that no alien shall hold land in California, it provided that "no alien who is not eligible to citizenship" shall hold real property in the State.

The bill passed the Senate by a vote of 29 to 3.882 In the Assembly the measure was referred to the Judiciary Committee. It never got beyond that body.383

The Japanese treaty came before the Federal Senate for ratification while the Legislature was in session. That the treaty did not specifically make provision for the exclusion of Japanese laborers led to the introduc

382 The vote by which the "Anti-Alien Land bill" (Committee Substitute for Senate bills 2, 24, 167 and 1074) passed the Senate was as follows:

For the bill-Avey, Beban, Birdsall, Black, Boynton, Bryant, Burnett, Caminetti, Campbell, Cartwright, Cassidy, Curtin, Finn, Hans, Hare, Holohan, Juilliard, Larkins, Lewis, Regan, Roseberry, Sanford, Shanahan, Stetson, Strobridge, Tyrrell, Walker, Welch, and Wolfe-29.

Against the bill-Bell, Thompson, and Wright-3.

883 The Panama-Pacific Exposition Company took active part in the killing of the bill. The following telegram was received by many members of the Assembly:

"On behalf of the Panama-Pacific International Exposition Company we emphatically protest against the passage of the Alien Land Law Senate bill as it is at present drawn, believing that the passage of this bill would work great injury to the exposition and we respectfully ask your best efforts to defeat it. "JAMES MCNAB,

"Chairman Cal. Legislative Committee." Curiously enough, however, Assemblymen, who were leaders for Panama-Pacific policies on the floor of the Assembly, labored to force the Anti-Alien Land bill to a vote and passage.

tion of resolutions demanding that such restriction be provided. But the resolutions were tossed from committee to Senate, or to Assembly, floor, as the case might be, and got nowhere. In the meantime, President Taft informed Governor Johnson and Senator Wright, Chairman of the Senate Committee on Federal Relations, that the United States had the assurance of the Japanese Government that the then arrangements with reference to labor immigration to the United States will be maintained.884

"I know nothing of the treaty," said Governor Johnson in commenting on the President's assurances. "The matter in which we of this State are interested is exclusion. The question is, therefore, Do we get exclusion? The President of the United States says that we do. And that ends the matter so far as I am concerned."385

An unlooked-for feature of the agitation over the Japanese matters was a statement sent members of the Legislature by the Asiatic Exclusion League that anti

384 President Taft's telegram to Governor Johnson on this point read as follows: "The White House, Washington, D. C., 23-11. "Hon. Hiram W. Johnson, Sacramento, Cal.:

"Telegram received. If treaty is ratified as proposed by me, arrangements and assurances that have heretofore existed in respect to Japanese immigration will more certainly secure existing status than the old treaty and you are at liberty to say so on my authority. WM. TAFT."

The telegram to Senator Wright was as follows:

"The White House, Washington, D. C., Feb. 23, 1911. "Leroy A. Wright, Chairman Federal Relations Committee, Sacramento, Calif.:

"Replying to your message of the twenty-second relative to the new Japanese treaty. This Government has assurance of Japanese Government that present arrangement with reference to labor immigration to the United States will be effectively maintained and this fully meets the condition_suggested in your telegram. WM. H. TAFT."

385 Interview in The Sacramento Bee, Feb. 24, 1911.

Asiatic measures offered were not conducive to the final enactment of effective and permanent Asiatic exclusion legislation.386 The League and its officers were roundly scored for their action. It is not probable, however, that the stand taken by the League affected the final

outcome.

386 The communication was in full as follows:

"Hon. Mr. Hewitt, Speaker of the Assembly, State Capitol, Sacramento, Cal.:

"The following is a copy of lettergram sent under current date:

"Senator Thos. Finn., Sacramento, Cal.:

"The executive board of the Asiatic Exclusion League regrets that regardless of previous communication on the subject we have not been afforded an opportunity to examine the antialien Asiatic bills which you introduced in the Senate Friday. It is the sense of the board that such bills as these at the present time are not conducive to the final enactment of effectIve and permanent Asiatic exclusion legislation and which only can be had through Act of Congress. The school segregation question has for some years been fairly satisfactorily settled and alien land tenure is judiciously and sanely dealt with by this league and the State labor bodies. We respectfully request that you proceed cautiously in this matter, as pressing measures of this kind now would mean irreparable injury to the exclusion cause.

"O. A. TVENTMOE, President.

"A. E. YOELL, Secretary-Treasurer." Assemblyman Polsley, because of this change of front, took occasion, when requested by League officials to vote for other bills, to send the following sharp answer:

"Circular in reference to number of legislative bills received. While they will receive due consideration, I consider your backdown in reference to Japanese legislation does not entitle you to my consideration so far as your interest for the good of laboring men is concerned. Yours truly,

"HARRY POLSLEY."

In view of the League's letter to the members of the Legislature, the following Associated Press dispatch, printed throughout the State on April 17, 1911, is remarkable, to say the least:

"SAN FRANCISCO, April 16.-A report on Japanese labor conditions, read to-day before a meeting of the Asiatic Exclusion League here by Secretary Yoell of the league, criticized the State Legislature for its failure to pass the Alien Land bill. ""The worst thing that the State Legislature did was to defeat the Alien Land bill,' says the report. 'Both parties had proclaimed their love for the American workingman, and a majority of all candidates to the Legislature sent letters to this league, stating that they would support an Alien Land bill, and would not bow down to the big stick.'"

CHAPTER XXVIII.

CONCLUSION

Even if Successful at the Polls, and Again in Control of Senate and Assembly, the Old-Time Machine Could Not Wipe Out All the Good Accomplished at the Session of 1911.

The San Francisco Call, in its issue of March 20, referred to the 1911 Legislature, then in session, as "The Legislature of a Thousand Freaks." The San Francisco Chronicle, while frankly opposed to much of the legislation enacted, admitted that "whether one agrees or disagrees with the new laws enacted by the most industrious Legislature in our history, nobody will deny the conscientiousness and industry of its members, and few will doubt that in the main the new laws are excellent."

But aside from condemnation from such publications as The San Francisco Call, and faint praise from the more tactful Chronicle, this may be said of the California Legislature of 1911:

(1) Platform pledges to The People were observed and carried out.

(2) Generally speaking, every problem presented was met, by a majority of the members, fearlessly, regardless of political consequences to the individual.