The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-09-21

This inhibition fitted the case of the
president of the state senate
But acting. Governor Nebeker made
no claim for the days salary attaching
to the office he filled with such distin-
guished ability and the mind of the
state auditor was in consequence con-,
siderably es sed.
A telephone query came from Evans
ton early last evening to The Herald to
know if the rurnor that Governor Neb-
eker had called the legisla ture in spe-
cial session for the pUrpose of electing
a senator, was true. OF course the
reply was in the negative.
Judge Powers Will Fight
No man in all the city took the mat
ter of Governor Nebeker's actions more
! seriously than did Judge O. w. Powers.
II shall certainly make a contest TO
be seated" he said. '"That is a duty that
| L consider that / owe to my party and
/ my state. When L consider this phase
/ of the matter 1 wish that some other
/ better able financially to make the
/ fight had been chosen. This appoint
ment of Governor Nebeker places me
on the same footing with Quay of
! Pennsylvania and Clark of Montana.
/ But as the senate has reversed itself
1 in these matters before I see no reason
| why it should not again.
! 'Of course" continued the judge, Il
/ shall resign as presidential elector on
J the Democratic ticket. because what
| ever comes of this senatorial matter 1
! do not intend to jeopardize Mr.. Bryan's
! chances by staying on the ticket when
there is a possible question as to my
eligibility. 1 shall hand my resigna-
/ ton as elector to Chairman Burton
/ without delay, and if 1T is possible for
| me to secure my seat in the senate 1
| shall do it,"
To Force Secretary Hammond.
Speaking of his course as to the COM
! pletion to his title to the seat 50 far as
! the governors appointment is con-
| cerned, Judge Powers said:
After an examination of legal ques-
/ lions involved and consultation with
attorneys, unless 1 am advised to the
contrary, so soon as Secretary Ham
mOnd has time to act I shall apply to
I him to impress the seal and attest the
certificate Of appointment for senator
made by Governor Nebeker, and in case
Mr.. Hammond refuses then 1 can apply
for a writ of mandate to compel him to
act. Thus, it can he judicially deter
mined that the, governor and secretary
were out out of the state when the ap-
Dointment was made, and that Mr..
Nebeker was the acting governor"
Angry at Governor Wells.
One of the most enjoyable features of
the whole matter, SO far as the Demo-
Gratis of this city are concerned. was
the rage and Indignation expressed by
Republicans toward Governor Wells
and Secretary Hammond for leaving
the party in the lurch by going out of
the state and placing the executive
power in the hands of a Democrat.
Both OF these gentlemen were thor
Oughly roasted for their negligence
in The matter.
1t was not that they had deserted
| their offices to run after a politician in
another state; the trouble was that the
party was left at the mercy of the
Democrats. And when it was made
plain that there had been danger of
getting the legislature together and
electing a senator, the Indignation ran
all the higher. 1t was bad enough in
the eyes of these men to be made the
butt of all the jokes of the state but
to be subjected to the danger of losing
their jobs was too much.
Sandy Fowler gets a little glory out
of the coup d'etat of Governor Nebeker
Judge Powers said that he had not the
power to name a private secretary, but
when that power came TO him he would
name A. S. Fowler, because he knew
. he was fitted for the position, and be-
cause he admired the way he acted
after his losing the fight for county
clerk: He rendered the position to
Sandy on the conditions named above,
and the tender was accepted.
Nebeker Is Congratulated.
Among the many CONGRATULATIONS
that came to Governor NebekeT during
! the day was the following unique one
from rival of a few days ago:
''Aquila Nebeker, Salt Lake.-Con-
! CALCULATIONS on so successfully reach
ing the goal of your ambitions. thereby
beating all competitors
GEORGE w. THATCHER
There were no congratulations that
Senator Powers received during the dav
that pleased him more than those he
/ received from his old neighbors and
friends in Kalamazoo, Mich.
1t is said that Governor Wells and
Secretary Hammond discussed the mat
ter of both leaving the state at the
same time a day or two before thev
left. The superstition is that thew con-
sidered il perfectly safe to go. as Mr.
Nebeker was at that time in Rich
county.
Mr.. Nebeker says that if they had
consulted him in the matter he wolIId
have been glad to act with them and
help them in any way in his power to
greet Governor Roosevelt: but when
they undertake to. ignore him aJtoreth-