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5 W. St. U. L. Rev. 269 (1977-1978)
The Political Reform Act of 1974: A Critical Look at Conflict of Interest and Disclosure Requirements

handle is hein.journals/wsulr5 and id is 275 raw text is: The Political Reform Act of 1974: A
Critical Look at Conflict of
Interest and Disclosure
Requirements
Who runs the state?
You're going to get the answer
Who runs the state?
It's plain as can be
Who runs the state?
Is it really Arthur Samish?'
No. It's the Southern Pacific and the P. G. & E.2
I. iNTRODUCTION
This ballad, sung in 1949, epitomizes the reason Californians insist on
having conflict of interest laws regulating the conduct of both elected
officials and state employees, thereby ensuring that the people, not special
interest groups, run the state. Long before the Watergate scandals and
the current widespread political cynicism, California had no fewer than 85
separate statutes in effect prescribing permissible and impermissible conduct
in this area.
Due to increased public awareness and demand for stricter control in
recent years, three separate conflict of interest codes, requiring, for the first
time, broad public disclosure of the personal financial affairs of government
officials, were enacted: the 1969 conflicts of interest and public disclosure
statute;4 the 1973 Moscone Governmental Conflict of Interests and Disclo-
1. Arthur Samish, a lobbyist with a very colorful reputation, represented the major
interests before the state legislature in the 1930's and 40's. Samish openly bragged that he could
deliver anything and went so far as to pose for a photograph with a puppet on his knee labelled
Mr. Legislator. His method of operation included the generous distribution of money to
legislators, both in the form of campaign contributions and personal gifts. J. CAUGHEY,
CALIFORMA 570-72 (2d ed. 1953); J. HARms, CALIFORNIA PoLrrcs 87 (4th ed. 1967). See also
Samish v. Superior Court, 28 Cal. App. 2d 685, 83 P.2d 305 (1938).
2. Who Runs the State? was the subject of an address by then Governor of California
Earl Warren before the San Francisco Press Club shortly after an expose of Samish, entitled
The Secret Boss of California, appeared in Collier's Magazine in the Aug. 13 and Aug 20,
1944 issues. Will Aubrey sang the answer quoted above on this occasion. J. HARms, supra note
1, at 83.
3. City of Carmel-by-the-Sea v. Young, 2 Cal. 3d 259, 262, 466 P.2d 225, 227, 85 Cal.
Rptr. 1, 3 (1970). Many of these statutes are still in effect today.
4. Added by ch. 1512, 1969 Cal. Stats. 3093, repealed by ch. 1166, 1973 Cal. Stats. 2429,
and by Initiative Measure (Proposition 9 - The Political Reform Act of 1974) approved by the
electors June 4, 1974.

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