Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-09-20
Quill Neoeker jumped in the Cover

And Uu. Out QllH ne luih tliiib" oANNi
inns man on his mustang lean
For o tew brief hours he governed the
state
HE ssnators toga he laid aside
As he cut a swath both long ana VIDE
One OF the boldest strokes in the his
tory of Utah politics was made by state
senator Aquila Nebeker Of Rich county
last night. Under the Constitution Of
ut5h the president Of the Senate IL
che acting governor Of the common
wealth during the absence from the
state Of the chief executive and secre-
tary oi'state.
II SO happened that in the enthusiasm
Of the hour and in the desire TO do
honor TO Governor Roosevelt in meet
tre him in the sister State Of Idaho that
Governor Wells and Secretary Of State
Hammond were both absent These
officers crossed the Utah-Idaho line, it
is said at 1855 in the afternoon. Dur
inc the evening Senator Nebeker was
Informed Of that fact simultaneously
10 flashed across his mind that he was
acting governor Of Utah and would be
such until the return OF either Governor
Wells or Secretary Hammond or both.
As the acting executive OF the State,
Senator Nebeker lost no time but imme-
dsteiy proceeded to exercise the pre-
negatives OF the Office. This he did in
a manner most startling With the aid
and advice Of legal council he at once
drew up and issued a proclamation ap-
pointing Judge Orlando W. Powers, one
Of the gentlemen for whom he frequent
~ voted during the session Of the last
legislature, TO I'LL the office Of United
States Senator from Utah.
LabOring under the ughtful impress
sion that there would be q vigorous re-
sistance TO his actions on the part Of
Governor Wells, Secretary Hammond
and other leading Republicans. he took
hasty advantage Of every possible OPP
p3rtunity to pave the way for a test
case IN the local courts by removing
from Office Colonel Theodore Bruback,
a member OF the governors stan, and
appointed thereto Hyrum Hayball. OF
Cache county.
When the public was today advised
Of what had been done Il was generally
believed that nothing further than a
huge practical Joke had been Intended.
But Senator Nebeker Is firm In his
statement that there is no Joke about
Il, and that ne was in dead earnest
IN an that he did. Judge Powers, too,
declares that no Joke has been perpe-
trated: that what was done was done
with all eaTnestness and solemnity and
that he will carry his credentials 10 the
Senate Of the United States and ask TO
be seated Just as Senator Quay, OF
Pennsylvania and Senator Clark, of
Montana, did He says, too that his
title TO a seat In that great body Is
just as good as Senator Clark's and
much better than was ever that Of
Senator Quay
Judge Powers likewise says that he
will without delay formulate and tender
70 the Democratic State committee his
resignation as Bryan presidential
cector-thls IN order that the hold OF a
federal or sem-federal office that
might come TO him shall In no wise
render him incompetent or initiate
against him in nlllng the Office Of Unit
ed States senator In the event that he
shall be declared 70 have been legally
named. Judge Powers this afternoon
named his private secretary, In the per-
son Of Sandy Fowler who was can
ddate for county clerk before the Dem
Ocratic convention a few days ago.
a special 10 the News" from Brig
ham city announces that Governor
Wells has been apprised OF the action
taken during his absence. When seen
by a News man he said that he would
do nothing In the premises. but would
act on his return home. He added. how
ever, that he did not look upon the mat
Ter crlously but rather that he regard
90 i In the light Of a highly accentuat-
90 burlesQue political proceeding.
STATE SEAL Affirmed.
At ll.O today State sena-
tor Nebeker accompanied by Frank
JaTdMe, called nj the office OF secre-
tary Of state In the City and County
building and approaching u, II. Ham
mond, clerk 10 the secretary Of State,
VINO al the time. was busily engaged
copying bank statements, pre-
scented proclamation appointing
orlando W Powers United States sena-
loI from Utah, and at the same time
demanded that the document be at
's1el and the great seal Of the State
tnlAeI thereto Mr. Hammond eX-
p'a'hsd that he had no authority 10
empty with the demand, the secretary
W state having no deputy, or anyone
~ lhe Office empowered with authority
70 use the seal
lou viii have to wait until the sec
ty.aIy returns, governor" said Clerk
Hammond
When DO you expect him back?"
''ll'rel Mr. Nebeker.
clerk
~, can't wait that long" said Mr..
.Nseeker where Is the seal? ] GER
AMY thought you We're the man who
"S,ehded % all the business OF the
Office IN the absence OF the secretary"
NO, sir, ! have no such authority,
neither have ] ever held or exercised
.1sh authority" replied Mr.. Hammond.
lAe seal Is in there pointing In the
direction OF the yault), and II il Is used
d, sll i win be by you, on your own
possibility"
~. assume the responsibility" said
't', Neueker. as he entered the vault
~ attached the seal 70 the prOclama-
Won and | wlll get Secretary Ham,
" o., signature upon his return"
ar Neoeker then folded the docu-
nnisnt and after carefully placing It IN
a.. inside coat pocket. told group Of
Interested onlookers. composed OF Clerk
y,ashe Secretary Hamm0nd's stenog-
,.ph'r Girsch Wells, the governors
E'.3a'e secretary Pete Johnson. chief
t-,,IMss9,r on the city's side Of the Joint
"",St.llhs and representative Of the
Ns' what he had done while gov
~. and What he would do had he
'v ,.l,, gwen a little moro time.
The FIRST thing / would have done
nal time permitted a." ne said. would
naNe been 10 convene the Legislature
% special session for the purpose OF