Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1900-09-29
A UTAH SENSATION.
President OF the State senate Un.
expectedIy Becomes Goveruov.

sho tompofhrJ hUsencb o.
Governor H. NJ. Wells and Secre.
tary Of State J. T. Hammond from
Utah last week on o trip to meet Gov
Roosevelt, Aquilla Nebeker, Pres.
ident Of the Senate, Unexpectedly
assumed the reins OF government
and treated the people of that State
to few startling surprises. Under
the laws of Utah, whenever it shall
happen that the Governor and Sec,
retary Of State are both absent, ths
President Of the Senate becomes the
duly constituted Acting Governor
and in such cases his official acts are
eqaully as binding as those of the
Executive himself. Neither the Gov.
ernor nor the Secretary of State in
this instance had taken the trouble
to inform Mr.. Nebeker that he would
be called upon to occupy the Guber-
material chair for short period, but
as soon as that gentleman learned
that the above named officials had
passed over the State line he imme-
diately entered upon his duties as
Governor according to law.
One Of his first official acts was to
appoint o. W. Powers of Salt Lake
City to fill the vacancy caused by
the failure of the last Legislature to
elect United States Senator, and
he then went on to make O number
of changes in the Governors staff
officers, ousting the appointees OF
Governor Wells and appointing in
their stead men from different por.
tions of the State whom be thought
would more acceptably ill the posi-
tions.
Another, and in fact, the only ac-
tion taken by the new Governor
which will embarrass the States Ex.
ecutive. is his instruction to the At.
torney General to at once begin pro-
ceedings againstthe American Smelt-
ing and Refining Company, which.
it is alleged, is doing business in
Utah in violation of the Anti Trust
Law of the State. III this order is
countermanded by Governor Wells
it will place that official in an
awkward position before the people
of Utah, and if be allows the Attor-
ney- General to proceed in accord
ance with his instructions from the
Acting Governor the credit will go
to Mr.. Nebeker, and will reflect upon
Governor Wells's administration, for
the reason that he had failed to take
action himself.
OF course the changes in the Gov
ernor's staff will not be allowed to go
into effect. and Mr.. Powers has made
the following public statement with
regard to his position as the ap-
pointee to the United States Senate
"While there can be no question
but that Senator Nebeker was Gov
ernor in the absence of Gov. Wells
and Secretary Hammond from the
State, and that he had power to appoint
United States Senator, the prece-
dent in the Quay case makes it clear
that his appointee would not be
seated. Our Democratic State Chair
man, Mr.. Burton, is of the opinion
that can be of more service to the
party on the electoral ticket than in
making O contest. In addition, ]
have no desire to draw the salary
pending a contest, when I am con-
vinced in advance that the seat would
be refused. Hence, unless the Ma.
tional Committee shall desire me tl
take action, shall not accept the
appointment. At first it appeared tc
mo that / should make the fight and
thus draw attention once more, al
urged by the Democratic party, TO,
a constitutional amendment provid-
ing for the election of Senators by
the people; but my sober judgmen
is to the contrary. I appreciate
Gov. Nebeker's confidence and shal
always cherish the compliment"