Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1826-01-21
always, therefore, labyrinth without a
clew.

The affidavit Of Adolphus F Hubbard,
on which this application is based, sets
forth, thai EDWARD Coles, on the :8'h
] July, 1925, being then Governor oil The
state OF Illinois, absened hln self from
The SAID state, having first slgnifed his
intention SO to do, by letter bearing
date the 22d June, 1925, and which let
ter is in the words following:
! Sn-You viii recollect that | made
known TO you last winter, and again re-
peated the subject, when | saw you in
May, that should have occasion 10 go
to the eastward about The middle oil July.
The oblec, of this letter is to notify you
! that, after the 28th July, | shall be alb
sent, sud that lhe duties OF the executive
will devolve, in pursuance of the consti
tuition, on you, as tire lieutenant governor
Of the state, during my absence, which |
expect will not be longer than about
three months am very respectfully
Edward Coles. A, f. Hubbard, esq
| lieutenant governor OF the state OF Hi
nois, Shawneetown." The affidavit fur
ther recites, that in consequence OF the
absence from the stale, oil the said Coles,
| and by virtue Of the 18th section of the
third article OF the constitution of the
| state of Illinois, the dutles of the said
office OF Governor oil said STATE, did de.
volve upon the deponeDt, he then being
| the lieutenant governor OF SAID state, and
that therefore, he did enter upon, aid
assume, the administration oil the go
| yernment OF said state, and did do and
| perform all the duties and requisitions
of the said Office OF governor; and that
| on the Cd day OF November next after
The 18th oil July, 1925, the deponent,
still being and continuing the acting 20
vernon OF the said state, and IN the per-
torrance and discharge OF the duties
| ihereO And, further, that the office OF
paymssler general OF the militia OF said
state. being then vacant, did appoint w,
! L. d. Ewing, to the said office OF pay.
master general, and did fill up and sub
scribe with his own proper hand, COM
mission oil that dale, as an evidence OF
| SAID appointment, to the said Office, and
to complete the said Appointment on the
said ID November, 1925, the deponent,
still being the aching governor OF said
state, end in the discharge of the duties
thereof, did in the office Of the secretary
OF said state, present TO George Forquer,
esquire, then and there being such score
tary, and the keeper OF the seal OF ssid
state, the said commission, an request
: ed him to atfix the seal thereto, and coun-
| terslgn the same, as such secretary; ana
that the said secretary, did then, and still
refuses 10 do the SAID acts, Upon this
deposition, with the letter, and paper
/ purporilhg to be the commission, and an
affidavit OF the service of a notice OF The
intended application, for rule to shew
| cause, being filed, rule was granted,
| requiring the sad Forqoer to shev cause,
| why mandsmus should not issue a.
gaiBst him: And for cause he returns
the following facts. Isl. That the COM
mission YVES signed by A. +. Hubbard,
as acting governor, on or about the 5th
| OF November, 1928, and on the same
| day, resented TO him, as secretary OF
state, by said Hubbard, who required
him, as such secretary, to countersign
and sffis the seal of said stare thereto,
which ne refused to do. ID, Bee ause on
the 5h of November, 1928, Ldward
Coles was then, aud had been from the
5 LIST OF October, 1925, and has ever
since remained in the administration of
the Office OF Governor of said state OF H.
| lineis. Sd. That it does not appear
from the records OF the Office OF said acc
rotary OF state, that the said Office oil pay
master general, has ever been filled by
! any previous appointment thereto, since
the creation OF the office. 4th. Because
although the said Cole. did inform the
! said Hubbard, that after the 18th of July,
! 1925, he would be absent from The state,
| and that the duties Of the office OF CO.
| vernon would devo,ve upon him, said
! Hubbard, as the lieut.. governor until
the return Of him said Coles 70 the state,
and that, although the said Hubbard did
enter upon the duties of said office, and
! remained III tho discharge thereof until
the 3lst Gay Of October, 1925, YET the
said Coles did on the said 3lst October,
| 1925, rc-en,er upon and discharge the
duties appertainng to the office of 60
yefnor, and has ever since remained
| therein.
In describing the state Of the cause,
have adhered, almost literally, to the
language used in the affidavit, and the
answer to the rule, to prevent me leas.
possible miscencep,ion. On the state Of
the facts here presented, it is urged tina,