The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-02

he had asked an opinion from the at
torney of the bank, he said, and when
1t was received would act accordingly.
He declared that he would take no
chances of paying out money until be
was satisfied that he was acting under
proper authority.
The second instance promised for a
time to have serious consequences and
trouble may yet arise from it. Cow
ernOr Taylor issued a pardon to Doug
las Hayes, a convict in the Frankfort
penItentiary, who is serving a five
years term for manslaughter, having
been sentenced in March, 1899 When
the pardon was sent to Warden LilIaTd
he decided that he could not turn the
man loose until he was satisfied regard
ing the legal status of the governor
ship. He made no reply to Governor
Taylor, but declined to honor the par
don, and informed the penitentiary
commissioners of his action. They
agreed with the position taken by thu
warden and the man was held.
Penitentiary Is Threatened.
The action of Mr.. Lillard, who is an
ardent supporter Of GoebeI, aroused in
tense Indignation among the RepubIi-
cans, and it was declared that a de-
tachment of soldiers would be sent to
the penitentiary to take the man away
by force, if Warden Lillard persisted in
his refusal to release Hayes. No such
talk, however, came from the Office of
Governor Taylor or that Of Adjutant
General Collier.
This talk was naturally resented by
the Democrats, and Mr. LiIlard re-
ceiVed open offers of aid in case he
should decide to engage in a battle
with the soldiers over their right to
enter the hall and take Hayes ont
When, this afternoon, his office was Wis
TIED the warden was engaged in CONVEX
sauOn over the telephone He was
giving the man at the other end of the
WIRE information regarding the number
or men he could provide to resist a
possible attack. He rung of as sew
eral visitors entered his Office and dis
continued the conversation, declining
to disclose the identity of the man at
the other end of the wire. who was
evidently asking him if he desired as
sistance.
i can do nothing more or less than
mold the man." said the warden "The
situation IS known to everybody and I
cannot assume the responsibility Of re-
leasing men on the order Of Mr.. Tay-
Tor when the legislature has declared
specifically that Mr.. GOebel is the gov
eTnor Of the state. Had the pardon
been received yesterday I would have
let the man go and been glad to do so.
l wish to keep no man in this place.
but 1 cannot release cOnvicts on the or
Ger Of a man who. it has been declared
by the law making power Of the state,
mas no right to issue such orders"
Could Not Resist.
When asked If he intended to offer
resistance to a detachment Of troops.
If one should be sent to release Hayes,
the warden replied: "Oh, no. It would
not do for me to attempt any such
thing as that. 1 have fourteen guards
only and they could not do much
against soldiers"
When asked if he did not know where
he could obtain plenty of help if he
needed it, the warden said:
when the soldiers come I'D here and
demand the keys for the purpose Of
taking out Hayes I think they are like
ly to get them. If cOnvicts are taken
out Of here in that manner the respon-
sibiiity will rest on the men who take
him away and not upon me-
No answer was returned to Governor
Taylor either by Warden Lillard or by
the board Of penit entiary commission
ers- His letter was quietly ignored. 1t
is possible that reply viii be made to
1t tomorrow, but it is not likely.
It Is now definitely decided that Cen
eral John B. CaStleman of Louisville.
is not to be adjutant general for Gov
ernOr Goebel, and while il was assert
ed last night with great positiveness
that he had been appointed, it is said
tonight that he was never rendered the
place. No man has been appointed as
yet, but the name Of Colonel r J.
Smith Of the Third Kentucky infantry.
IS prominently mentioned.
Disregard Goebel's Orders.
No attention whatever has been paid
by the militia to Governor GoebeIs or
der to return to their homes. It is Just
as though the order had never been
issued AdjUtant General Collier saws
that no consideration will be given to
any orders that may emanate from the
GCebel headquarters.
The legislature is making progress.
Yesterday it was hustled around the
town and raced through the streets by
the military. This morning q small
portion OF it was turned back at the
gate Of the state house grounds when
an attempt was made to reach the CAP
itOl building. This afternoon it reach
ed the door Of the building and as a
body it has strong hopes that the next
attempt will take them into the legis-
lative chambers.
At O'Clock this afternoon printed no
tees were handed around the lobby OF
the Capitol hotel, signed by Speaker
Trimbie. asking all members of the leg
is3ature to meet at the west door Of the
hotel at . O'Clock, preparatory to hold
ing a session in the capitol building. II
was generally understood that adTniH-
sion would be refused, but the Demo
Gratis determined to demand access to
the building as a matter Of form and
to put the Republicans upon record.
March On the Capitol.
At the appointed time the members
fell into line and in columns OF two.
headed by the tall form Of Sneaker
Trimble, the march was taken IN to
ward the state house grounds. On both
sides and in the rear came a large
crowd AS Speaker Trimble approached
the gate, which was guarded by two
sentries, the soldiers stepped back.
lowered their bayonets, and allowed the
speaker to pass through.
Are you a member Of the legisla-
ture," asked one of the sentrfes."
81 am" replied the speaker as he
started up the brick walk toward the
capitol.
The same question was put 70 the
other members as they approached, and
when it came the turn Of the crowd the
sentries fired the same query at every
bunch and every bunch answered in
chorus II am" The legislature num-