and lobbyists gathered daily for lunch. If everything had gone properly, Keefe would have Lieutenant Governor Edward Duffield, president of the State Senate, and Senator Abe Glass, president pro tempore of the State “Senate, on hand. Collins might yet have time enough to reveal The R Document to the Senate leaders before the Senate convened to vote at precisely two o’clock.
The final vote would take place minutes after two o’clock, he had been informed. The joint resolution would be read in the chamber for the third and last time. Further debate, by legislative agreement, would be suspended. The roll-call vote would begin. Once under way, it could not be stopped. Once tabulated, it could not be reversed or voted again. In the old days, even after voting negatively, a state legislature could consider a bill again, vote it again, and change its stand. This had happened when the 1972 Equal Rights Amendment, the 27th, had gone out to the states for ratification. Two of the states, Vermont and Connecticut, had voted against it, then later had reversed their votes. But this was no longer allowed in most states, and one of them was California. The vote following two o’clock would be final. The 35th Amendment would become the law of the land. Tynan would have won, after all - and the people would have lost.
His wristwatch told him it was nineteen minutes to two.
He dragged steadily on his cigarette, reliving the events of the night, of the morning hours, of the dawn. He relived them as if they were part of the present.
Leaving Ishmael Young’s with the crucial tape, they were less in a state of manic enthusiasm than in a state of high fever. They were aroused. Their mission had become a crusade. Driving from Fredericksburg to the Department of Justice at two in the morning, they had sought to define their assignments. There was much to be done, and only a short time to do it in.
Working out of Chris Coffins’ office, they went about their assignments. Collins took it upon himself to make the phone calls. With the authority of his position as Attorney General, it was agreed, he would get the attention needed. Pierce accepted the task of authenticating the tape through
voiceprints. They all knew the tape was authentic, but others might require absolute proof. Van Allen prepared to make Collins’ reservations to California. There had been a brief discussion about commandeering a military plane. Collins had finally vetoed it out of fear that his mission might become known to the wrong parties. A commercial flight, even if it slowed him down, was safer. Van Allen also set about acquiring a portable tape machine. Once the voiceprint was made, he was to take over Young’s cumbersome large reel of tape and transfer the portion that carried The R Document to a cassette for Collins’ trip.
All the assignments had been carried out smoothly, except the one Collins had taken for his own.
Collins’ first phone call proved no problem. He woke the head of a major network in New York, invoked his authority, spoke of emergency, and persuaded the executive to arrange for the network’s manager in Washington, D.C., to cooperate. This done, Pierce then roused Dr Lenart of Georgetown University from his bed. Since Pierce was an old acquaintance, the criminologist had grouchily agreed to scan the spoken sounds in his laboratory.
Pierce hastened off to the local network offices to pick up the portion of a film and sound track to an interview Vernon T. Tynan had recently given, as well as a videotape unit on which to play it. These, along with Ishmael Young’s tape, Pierce carted off to Dr Lenart’s laboratory at Georgetown University. There, the renowned consultant in voice identification, using his sound spectrograph, applied his equipment to selected words Tynan had spoken in his network interview and those same words when he had uttered them on the Ishmael Young tape. The scanner made 400 passes over the tapes every eighty seconds, visually reproducing a series of wavy lines that caught the pitch and volume of Tynan’s voice. When Dr Lenart had finished, it was clear that the voice heard on the tape of The R Document was unquestionably Tynan’s own. Dr Lenart wrote a certificate of authentication, and packed Pierce off with his proof.
Meanwhile, Van Allen, after locating a portable tape machine for Collins to take with him to California, obtained
plane reservations. The earliest flight to Sacramento left Washington National Airport at eight ten in the morning. It would bring Collins into Chicago at nine eight. There would be an hour between planes, and then Collins ‘would depart from Chicago’s O’Hare Airport at ten minutes after ten, to arrive in Sacramento at twenty-five minutes after twelve California time. The schedule was perfect, and Collins was pleased.
It was Collins, however, who was having trouble with his own assigmnent. He had decided that he must notify the officers of the California State Senate of his impending arrival, and make an appointment to meet with them before the joint resolution came to a vote. He wanted to tell them he had evidence of a most devastating kind that would affect the Senate’s vote on the 35th Amendment. He wanted to tell them that, and no more. It was useless, he knew, to explain on the phone the evidence in his possession. It had to be heard to be believed. But even if it were believed, there was danger in phone transmission. Knowledge of it might be passed on to Tynan, who was already in Sacramento, and Tynan would go to any lengths to recover the material from Collins and destroy it.
No, he would tell the Senate officers only enough to get him an immediate hearing upon his arrival.
He began by telephoning Lieutenant Governor Edward Duffield at his home number. He called and let the phone ring and ring, without an answer. He called several times more, and still no answer. Finally, he decided that Duffield probably had a cutoff on his telephone, so that he could not be disturbed at night. He gave up on Duffield.
Next, he tried Senator Abe Glass, president pro tempore of the Senate. His first two calls again brought no response. His third call summoned up the sleepy voice of a woman, who turned out to be Mrs Glass, who said her husband was out of the city and could not be reached until late morning, when he would be back in his office preparing for the vote.
Frustrated, Collins tried to think of where to turn. Briefly, he considered calling the White House, speaking to President Wadsworth, dumping the whole matter in his lap. Surely, the President of the United States would have no trouble
getting the message to Sacramento. One thing bothered Collins about this. The President might not want to get the message to Sacramento. He might want the 35th Amendment to pass, despite The R Document, thinking he would handle the rest of it later in his own way.
No, President Wadsworth was a risk. So was the Governor of California, who was the President’s political friend.
Better someone else in Sacramento, Collins decided.
And then he thought of the someone else, and he put through a call to Assemblyman Olin Keefe, and he got him immediately.
‘I’m going to be in Sacramento at one o’clock this afternoon,’ he told Keefe. I have momentous evidence against the 35th that must be heard before the vote. Can you round up Lieutenant Governor Duffield and Senator Glass for me? I’ve been trying to get them all night. No luck. I must see them.’
‘They’ll be lunching in the Derby Club - it’s in the rear of Posey’s Cottage - at that time. They’re sure to be there until a quarter to two. I’ll tell them to wait for you. In fact, I’ll stay with them.’
‘Tell them it’s positively urgent,’ said Collins.
‘I’ll do my part. Just be on time. Once they go back to the chamber floor and the vote begins, you won’t be able to reach them.’
‘I’ll be there,’ Collins promised.
It was settled, and he felt easier.
After that, he stretched out on his office sofa and slept fitfully for two hours, before Pierce and Van Allen awakened him to inform him it was time to head for National Airport.
Everything went on schedule, up to a point. He left Washington on time. He arrived in Chicago on time. He departed from Chicago on time. He was expected to land in Sacramento on time.
But an hour out of Sacramento, the captain of the 727 jetliner
announced that an unexpected heavy fog had engulfed the Sacramento airport and their flight was being diverted to San Francisco. Sorry about the inconvenience, but they would deplane in San Francisco at twelve thirty.
There would be a special bus to take them the eighty miles to Sacramento.
For the first time on the journey, Collins was worried. He had traveled from San Francisco to Sacramento often enough, in the past, to know this would add an extra hour and a half to his trip. Even by hiring a private car, and having the driver go the limit, he would not reach Posey’s Cottage much before Duffield and Glass would be leaving it.
At the San Francisco airport, while his skycap rushed off to put a hold on a private limousine for him, Collins got on the telephone to try to locate Olin Keefe. But Keefe was neither in his legislative office nor at lunch yet. Not wanting to waste another minute trying to chase him down - or trying to find Duffield or Glass - Collins left the phone booth and hurried toward his skycap, who was beckoning him.
All of that he now relived as his limousine entered the center of Sacramento, with the elegant golden dome of the State Capitol within sight.
‘Where was it again, sir?’ the driver asked.
‘It’s a restaurant a block south of the Capitol Mall. It’s called Posey’s Cottage or Posey’s Restaurant. It’s on the corner of 11th and O Streets.’
‘We’ll be there in a minute, sir.’
Off to his left, Collins could see the expanse of Capitol Park: forty acres bearing at least a thousand varieties of trees, shrubs, flowers, and then on a gently sloping terrace there rose the Capitol building, with its shining dome and four stories surrounded by Corinthian columns and pilasters.
They crawled along in the heavy one-way traffic on N Street, turned left on 11th, and at last reached 11th and O.
‘Here we are,’ the driver said, pointing to Posey’s Cottage.
‘Find a place to park,’ said Collins hastily. I shouldn’t be long. I’ll meet you in front of the restaurant.’
He had the car door open, and picking up his attache case with the portable tape recorder inside, he hopped out.
He paused only to make out the time. It was nine minutes to two. He was fifty-one minutes late. He wondered if Keefe had managed to hold Duffield and Glass for him.
Collins hurried into the restaurant, asked for the Derby
Qub, and was directed to a back room with a bar. When he reached the Derby Qub, he was dismayed. The room was empty except for a lone melancholy figure at the bar.
From the bar, Olin Keefe saw him and slipped off his stool. His chubby, normally affable features were knotted with concern.
‘I’d just about given up on you,’ he said. ‘What happened?’
‘Fog. We had to land in San Francisco instead of here. I’ve been driving the last hour and a half.’ He looked around again. ‘Duffield and Glass… ?’
‘I had them here. I couldn’t hold them any longer. They went back to the Senate to get ready for the vote. There’s still seven minutes before the final reading and vote. I don’t know - but we can try to pull them out of the chamber.’
‘We have to,’ insisted Collins in desperation.
They went swiftly out of the restaurant, then, half walking, half running, dodging pedestrians, they headed south on 1lth toward the Capitol building.
Keefe said, ‘The Senate chamber is at the south end of the second floor. We may barely make it before they close the doors.’
Reaching the Capitol, hastening up a short flight of stone steps, they crossed the Great Seal of California, an inlaid colored mosaic, at the entrance.
‘The staircase over there,’ Keefe directed Collins. Going up the stairs, Keefe added, ‘You knew Director Tynan was here this morning?’
‘I knew. How did he do?’
‘Too well, I’m afraid. He knocked them over in the Judiciary Committee. The committee voted overwhelmingly for ratification of the 35th. It’ll go that way in the Senate, unless you can do better than Tynan.’
‘I can do better - if I get the chance.’ He held up his attache case. ‘In here I’ve got the only witness who can destroy Tynan.’
‘Who?’
‘Tynan himself,’ Collins said cryptically.
They had arrived at the Senate entrance.
While most of the forty State Senators were in their massive blue swivel chairs, a few still stood in the aisles. Lieutenant Governor Duffield, in a smart pinstriped blue suit, was on his feet behind the raised desk and microphone at the head of the chamber, squinting through his rimless spectacles at the various members.
‘Hell,’ said Keefe, ‘the sergeant at arms is starting to close the doors.’
‘Can’t you get to Duffield?’
‘I’ll try,‘said Keefe.
He hurried into the chamber, explained something to an obstructing guard, continued on his way to the front, circled to the carpeted steps, and from beneath the podium called up to the president of the Senate.
Anxiously, Collins watched the dumb play across the chamber. Duffield had leaned sideways to catch what Keefe was saying. Then he threw up his hands and made a gesture toward the filled chamber. Keefe was talking again. At last, Duffield, shaking his head, stepped down to join him. Keefe kept on talking, pointing to where Collins stood. For a hanging moment in time, Duffield seemed undecided. Finally, obviously with reluctance, he followed Keefe to where Collins waited.
They met just inside the chamber entrance, and Keefe introduced the Senate president to Collins.
Duffield’s flinty face was unhappy. ‘Out of deference to you, Mr Attorney General, I consented to leave the podium. Congressman Keefe says you have new evidence related to our vote on the 35th Amendment -‘
‘Evidence that it is vital for you and the members to hear.’
“That’s quite impossible to arrange, Mr Attorney General, It’s simply too late. All witnesses were heard, all evidence presented to the Judiciary Committee, the last four days. The hearings wound up this morning with Director Tynan. There’s no debate, so your evidence can’t be offered in debate. We’re about to come to order, hear a reading of the 35th Amendment, and put it to a vote. I see no way to interrupt the process.’
‘There is one way,’ said Collins. ‘Hear my evidence outside the chamber. Delay the session until you listen to my evidence.’
‘That would be without precedent. Highly unusual.’
‘What I have to present to you and the members is also without precedent and more than unusual. I assure you, if I’d had this evidence earlier, I would have been before you with it. I was able to obtain it just last night. I immediately flew to California with it. The evidence is of the greatest import to you, to the Senate, to the people of California, to the entire United States. You cannot vote without hearing what I have in this attache case.’
The intensity of Collins’ speech had made Duffield weaken slightly. ‘Even if what you have is of such importance - well, I don’t know how I can prevent an immediate vote.’
‘You can’t vote if you don’t have a quorum, can you?’
‘You want to ask a majority of the members to absent themselves from the chamber? It wouldn’t work. There’d be a motion for a call to the house. The sergeant at arms would be instructed to bring in the absentees -‘
‘But I’d be finished with my evidence before the sergeant at arms could do that.’
Duffield remained doubtful. ‘I don’t know. How much time would you need?’
‘Ten minutes, no more. The length of time it takes you to hear what I have to offer.’
‘And how are the members of the Senate supposed to hear the evidence?’
‘You’ll summon them informally - twenty at a time, two groups of twenty - and you’ll advise them to hear what you’ve already heard. By then, you’ll want them to hear it. After they’ve heard it, they can vote.’
Duffield still hesitated. ‘Mr Attorney General, this is an extraordinary thing you are requesting.’
&nbs
p; ‘This is extraordinary evidence I have with me,’ Collins insisted. He was aware that in his position of Cabinet officer, he could be even more insistent than he had been. But he was also aware of how determinedly state officials defended their states’ rights. So still under restraint, but conveying a sense of urgency in his voice, Collins went on. ‘You must find a way to hear it. Surely, there must be some means. Isn’t there anything on earth that could make you defer the vote?’
‘Well, certainly there would be some factors - factors like - Well, if you had evidence to prove the joint resolution about to be voted upon was fraudulent or harbored elements of conspiracy - if you could prove that -‘
‘I can! I have evidence of a national conspiracy. The life or death of our republic depends on your hearing this evidence, and keeping what you’ve heard in mind when you vote. If you fail to hear the evidence, you’ll carry the burden of your mistake to the grave. Do believe me.’
Impressed, the Lieutenant Governor gave Collins a long, hard look. ‘Very well,’ he said suddenly. ‘Let me arrange for Senator Glass to see that we have no quorum for ten minutes. You go up to the fourth floor, to the first committee room off the elevator. It’s vacant. Assemblyman Keefe will show you the way. Senator Glass and I will join you shortly.’ He paused. ‘Mr Attorney General, this better be something.’
‘It’s something, all right,’ Collins said grimly.
*
They were in the modern committee room on the fourth floor, the four of them, seated about the light-colored wooden table that stood in the center of the room.
Chris Collins had just finished explaining to Duffield and Glass the circumstances under which he had learned about The R Document, a supplement to the 35th Amendment, which Colonel Noah Baxter had warned on his deathbed must be exposed.
‘I won’t bother you with the details of my long quest for The R Document,’ said Collins. ‘Suffice it to say, I located it this morning. It proved to be not a document but a verbalized plan, which was caught on tape accidentally by Colonel Baxter’s twelve-year-old grandson. There were three persons present when the tape was made last January. One was FBI Director Vernon T. Tynan. Another was Deputy Director Harry Adcock. The third was Attorney General Noah Baxter. Only the voices of Tynan and Baxter will be heard on this tape, which the boy made as a lark, unaware of its importance. To be certain beyond question that Director
(1976) The R Document Page 33
