davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1901-08-02
WANTS TRIAL.
Childs Held on -Four Charges
Of Entering and Larceny.

Harry G. r. Childs. the young colored
janitor who was yesterday arrested for
entering Arthur r. Msgee's cigar store.
pleaded not guilty In the Sixth district
court today. on four complaints viz. July
nth. 26th and 29th and Aug. lst and Vas
held I'm $500 on each for trial next week
Friday Money was claimed TO have
been taken I'm three instances and cigars
I'm the fourth
The Providence news. (Providence [R.I.]) 1891-1906, 1901-08-02
THE WEATHER

Boston. August 2.-For Massachusetts,
and Rhode Island; Fair tonight and sat-
urday. warmer tonight, light southwest
winds
The Providence news. (Providence [R.I.]) 1891-1906, 1901-08-02
NEWSLETS S.

"'Tis better In your haste to state
An men are liars, than
To pick out one and designate
That fellow as the man."
Catholic Standard and Times.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1901-06-17

we're to bump your head against =
brick wall you could not feel worse
than does any one who suffers from
siomsch troubles. we have q pos
itive cure In Or Caldwoil's Syrup
pensn. HAsluT0N s. HART.
The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1901-06-17
smoke Gun cIub Best 81 Cigar.

See Barriir & Miller for screen
work.
If you want to buT real estate
sec John Wells g Son. 5lfl
The Bon March roomng house
and All kinds Of lee cold drinks.
Corner 2nd and Choe0aw avenue.
99-lf S. Dodgers. Prop.
The Artic and White Mountain
lee Cream Freezers DO perfect
work. Call and ee them.
Overstreet d Sons.
DO you eat Mackeral. Go 10
the Corner Cash Grocery for
Boston Beauties Toe.
Fe carry tie Michigan Case
Eaa Stoves, and they are the lat
na hs oat witch the Je
B#ae overtfeet g Sons.
lguaraniee Velvet Starch 90 give I
satIsiaei.on
fathNsaf. WW.uorne. +
you want perfect oaseand rest /
during your leisure hours get one
o. those nice new Hammocks at
Oyerstreet IL Sons.
fisher's Guarantee, now on sale
with an dealers IN Chiekasha. IS
recommended to smokers desiring
a strong cigar. It's elegance is
only equalled by Fischer's Prem
ium, the mild Sc cigar. Both
brands are home. hand and union
made. A. g. Fisher.
The Merchants Cafe serves the
best Ice Cream 10 town.
YoU TAKE 10 CHANCES when
suffering with cold. Lagrippe, or
Neuralgia By taking Bromoline. as
Il will cure any case in one day.
All druggists are authorized TO re.
fund your money in any case it
tails to cure. Price 20 cents per
package. Remember the name,
BrOmoline. Nov9 ly
See Overstreet a Son tor your
Screen Doors and wire screening,
they have a good stock on hands.
The flies are coming, get it now.
Taylor IS the place TO get FIRST
class Tin and sheet iron work done
and material guaranteed. 52-tf
Smoke Gun Club Best SC Cigar,
McCampbell & Harris will de.
liver any kind of cream or sherbei
at your residence.
We don't care for the cost
Lime only Sl.10.
Ar Snow g. Co.
A woman in Idaho got a divorce
from her husband because ne would
not take her to the Paris Exposi
tion. He testified in court that b,
was afraid 81 water aud that he wa
afraid 10 get into a bath tub even
he got 50 sea sick. That man hai
Indigestion just as q good many
Others we know and should taks
DR. Caldwell's Syrup pepsin. &c
itat HAMILTON & HIATT.
Have you seen the elegant new
display Of fancy groceries a
"The Texas Storesv Suppose
you drop is aud get a glance.
If you want paint, varnish o.
wall paper. 90 down in the base.
ment Of the Rank Of Cickashi
and get w 3. Townsend's prices
Your money back II Yelvetslarcl
don't please you.
tu.th.& .&sat. Phoenix Grocery G.
Try our want column, Il bring
them.
When wanting a wind mill o.
pump don't fail to see Abrogas
& Belew.
Ice Cream served at any hon
OF the day or night az the Mel
chants Cafe.
w. L. Yancy, Paducah, KY
writes: 81 had a severe case &
kidney disease and three Of th
best physicians In southern KeI
tucky treated me without success
/ was induced TO try Foley
Kidney Cure. The first bottl
gave immediate relief and thre
hottlas cured me pprmanently.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03

table, with a number of guests, the meal
door OF q little boy perhaps 5 years OF
age, an orphan. who lived with a neishbor
ramec Hcv ard IL the relation Of a ward
uy apprentice The child was CRYING hit.
tcrly, trembling, and seemingly frlghtened
ard suffering Herbert questioned him. aud
the hoy said between his sohs that How"
ard had beaten him numerically. and with
out cause, Herbert carried him into an ad-
iacent room, examined him. aud found
his body cruelty striped, aud hearing other
evidence 81 severe punishment, The kind
planter soothcd him, aud, seating ham az
the table, assured him ~ protection aud
epdcgNored g. quiet his feSr that Howard
would pursue and carry him back, ,a
This Howard was a Yankee 81 the NAY
flower type. representative Puritan, phar-
manner. solemn ~ NiSage. with 4 drawing,
nasal mode ~ speech. and q countenance
that was \ perpetual Interrogation point.
OF q cruel nature, he Was destitute ~ bow
eis ~ compassion, having apparently hut
one how'll. and this seemingly Illustrated
tho maxim ~ geometry which anirms that
the shortest distance between two points
is a straight line
Tho hoy>S fear 81 pursuit Vas not With
out cause, Harily WAS tho dinner flushed
when Howard RODE M 10 the gate aud
called Tor Colonel Herbert, NhN responded
with promptness Howard Inquired whether
he had secn the hoy, addlag that Il had
heaR necessary % chaStiSe him severely
that morning, and that afterwsri he had
run away, ana he had traced his hare feet
No reply, but walked quietly ont AronEA
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03

the open gate-seized Howard as he sat
on his horse pulled him IN. and gave him
then and there au unmerciful logging, say
ing, as he released him.
That Will teach You not 70 beat another
child, you Internal scoundrel1
Howard remounted his horse and rode
sway without indulging himself In any re-
The district court was then sitting In
Columbus, the seat Of Justice In Colorado
county. Howard proceeded by the most
direct roFi TO that place, and appeared
without delay before the grand jury. who
promptly brought In a bin of Indictment
against Herbert for aggravated assault and
battery,
Jones Rivera. as counsel Tor the defend.
ant, demanded an immediate trial and A
fury was forthwith impaneled. Colonel Ed
win walle- was dlstrlct attorney, for whom
Waller county, Texas was named as a
memorial The only witness FOR the State
was Howard who told his story. was rig
idly crosS-examined. and the prosecution
rested their case.
JONES Rivers stood up. III the court
please" he said. the defendant IN this
Ease has 10 evidence TO offer. excepting the
feeble child that has been beaten by the
prosecuting witness,
Here Ne led the little hoy forward and
seated him az his side, IN front OF the jury.
The hoy was even smaller than his years.
az delicate physique. and showed IN hts
pinched face and scant clothes traces OF
suffering and prlvatlcn-the look OF neg
lected orphanhcod In poverty,
The case waS closed, Counsel Tor the
state said that IN submitting L 60 the jury
hs had ealy - say that - there was no
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03

may be red with weeping and the gentle
voices that fall like sweetest music on
your eager ears, be heard pleading in pa
thetic, beseechiug tones for mercy, as the
voice OF this child fell on the unheeding
ear OF the prosecuting witness; and then
perchance God in his infinite mercy may
raise up for those little ones a friend and
an avenger as He raised up Claib Herbert
TO ayenge the wrongs of this defenseless
orphan, and perhaps that friend may be, as
Claib Herbert is this day. charged as a
criminal. and II so. Mr.. Foreman, would
you have him punishedf"
As the last words were uttered Rivers
was so near the old foreman that he could
spoke to him alone. The climax was
mere. The old foreman rose from his
chair trembling In every nerve, and rails.
ing his cleuched hands above his head, IN a
voice qulyering With emotion cried;
No no! by the eternal, nor ami drop.
ring into his seat, with his face In his
hands, sohbed aloud; and judge, counsel
nDd bystanders mingled their Tears with
his
Rivers at once sat down. and the district
attorney arose TO make a concluding argu-
ment for the State, but before he had con
cuded the opening sentence, the old fore
man. with streaming eyes and with a trem-
ulOus voice said
Edwin wallerl sit down. You are a
good man and o good lawyer, but-slt
oownl We don't want to hear you talk an
other wor1l"
Waller sat dosn. and the judge simply
read the statute defining the omense ara
nxing the penalty. and directed. the jury 70
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03

hand OF the spoiler. Tat battle you have
fought well, ME- Foreman. and are still
spared 10 your grateful country; but your
old comrnde has becn gathered 10 his
fathers. He married late In life and ac-
cuinulated but a scant store OF this worlds
goods. and this child. the only fruit of the
marriage. was, In the providence of God,
left penniless orphan, and what fate be-
fvl him you kaow tull well. For aught
that | know. Mr.. Foreman. YOU may nave
Lew. When old, little ones that are as dear
to YOU was Ibis poor child 10 that aged
father who sleeps hiss last long sleep In
the soil he periled his life To defend.
AS Rivers proceeded, he drew near to the
jury. and spoke in soft but earnest tones,
while an occasional tear stole down the
cheeks Of the old foreman. Rivers saw
this. and continued:
Time Is fast weaving threads OF silver
among your dark locks, your feet are press
ug the brink Of tho river that lows BE-.
tween this and the unknown land. and
scon, leaving perhaps to your little ones
an Inheritance Of poverty, as did the father
Of this child to him, you must so 10 join
your silent comrade on tho other side OF
thc dark. cold river, ard then perchancc
these dear little ones may be consigned
ike your cCut, AIDES boy, to the tender
mercses Of some brutal Howard. Thea the
little arms that so often encircled your
neck In their loving embrace may ne raised
to shield the tender forms which you now
clasp lovingly TO your bosom, against blows
such as fell so cruelty on this poor little
orphan. Then may the dimpled cheeks
that now glow with the rosy hue OF health,
be Funken and pale from neglect and want;
the eyes that now brighten at yeuE coming.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03

defense. the jury could do nothing but re.
turn a verdict OF guilty.
Rivers knew that every technical rule OF
law was against his client. and that there
was no legal defense to the States case;
but at the same time he knew every man
on that jury, and all their domestic rela-
tions. He knew that the oldest juryman,
the foreman had married late In life and
had two children. twin BOYS, just the age
Of the little orphan. to whom he was pas
sionately devoted He knew, too, that he
had been q fellow soldier In the revolu-
tlOnary army OF Texas. with the father OF
the boy that had been the victim OF How
ards brutality. Making no preliminary
reference to these facts. however, Rivers
said;
Gentlemen of the jury. the State OF
Texas has presented her evidence and stat
defendant Claih Herbert, your fellow citi.
mine, and the friend Of all who need a
friend. and upon whose ear the orphans
cry never falls Ia vain The only evidence
have 20 offer on his behalf Is the pale
face, the fearful eve. and the frail, bruised
form % the little orphan that sits at my
side, the child whose heroic father shared
With some OF yon IN days now gone the
hardsaipS az the camp and the dangers Of
the battle. He was az san sacinto when
the star OF the young repghlic rose trlum-
plant above that historic field. and with
him, you Mr.. Foreman, participated IN the
uIdytng giorles Of that eventfu day. And
when peace came yan began side by side.
as neighbors AMI friends. the battle Of
hardships and poverty. In the new land
that you had aided In rsscuing from the
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03
TRIAL OF CLAIB HERBERT.
A Remarkable Scene in a Texas
Court.
ACKNOWLEDGEMENTS

hicago Law Journal.
General George f. Afford OF Dallas,
exas, has told many good stories to the
ress. but the following is among his very
cst. He says It Is not original, but hts
ierds who know his peculiar felicltous
lyle viii not believe It, The general Is
ne 81 the oldest residents and best known
hen In TeNas--a scholar poet, statesman
nd patriot
The namc OF Jones Rivers awakeus In the
,inds of many OF the older residents OF
exas, and especially Of the older members
( the bar. memories of the wit. orator and
lwyer who played so conspicuous a part
pr many years In the courts Of Texas.
nd more particularly In the counties con.
guons to the Bra1os and Colorado rivers,
hirty or forty years ago. Bright, Joy
Us and witty. even the approach OF death
ould not conquer or represS his natural OK
begapce OF spirit Tor wnen, on a cold dis
al evening in November. Ia the thea
reary hamlet Of Georgetown, now a pros.
erons city, he was told that his hour
al come, he met the relentless messenger
lib D smile, TESTED in his very face, and
'itha witticisni upon his lips passed into
be land of shadows.
He was genial In manner. eloquent In
peech, forcihle in argument aud strong In
ftrythlne save the power to resist the Sc.
uctife influences OF the Intoxicating cup.
'E Possessed In an eminent degree the
dsxne aulatus" that belongs as truly to
Re natural orator as 10 the true poet: and
hen enlisted Ia cause that aroused his
mrn thics, or when he felt the stimuiSt.
ag thilnence OF the wine cup, he could,
FRA dramatic skill, touch the hearts OF his
v1refs, and BY the mcSmeric ferVor %
~ n atchless eloQuenca stir their deep
ss emotions. This Irresistible power
as reyer more sgnally displayed than IN
re oetense of his friend, Colonel q, q,
lernfft Familiarity known as "Claih Her
ertt 10 shc district court " Colorado
comfy more han a third ot century
CLAN Herbert was superb type OF a
sofn IN Virginia, reared in the fertile nelds
M senial climate Of Texas, with big
fnrt In br0wny. muscular body. he
as hospitable. liberal generous brave
nc 81 mpathetic. He lived on his heaVti.
VI psantatlon on the banks OF the charm
HS colorado, just below the town ~ Co
tmhus- man Of learning and Influence.
e 4erNed as a representative In the Texan
glsiature and the Confederate congress,
mt held commission as colonel IN the
cqtnern army. The family was a .,stin.
nsFhed one In the annals of Virginia, ~
exn& aud Of CALIFORNIA; his brother Col.
nel Pol Herbert. having been a member
fh National congress from tho last.
AIMED state before the late war between
Pc Mates. and was killed gallanuy leading
- reElmcnt OF Texas cavalry in the deS,
tt&f assault upon Fort Butler,
A. ciaih Heroert sat one day at hls
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03

retire and consider of their verdict Where
upon the old foreman rose and. without any
consultation whatever With his co-jurors.
said.
Not guilty, your honor not guilty.
$50 say you all, gentlemen asked the
court
80 say We aiIl'' responded the entire
jury, and this yerdict having bsAn properly
reduced g writing and signed, the Jury
Thus the TRIAL Of ciaIb Herhcrt was end
ed, and thus the most remarkable scene
ever witnessed In Texas court Of justice
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03

REDFERN. STYLE A,
medium waist, black,
value 3,oo......... All
REDFERN. Style B,
white, value 4,oO...
REDFERN. B, long, ut
white, value AGO.. Gu
PEDFERN. A, long,
white, value 500. = or
REDFERN. A, me- As 70
dunn, in black, value
600.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03
Celebrate
Gold Medal
Black Goods
Justly Celebrated

GRANITE CLOTH OR CHE
VlOT. 40 inches wide, valued
at 7oc '...... 80. ...,.,..o $50
HENRIETTA, ALL WOOL. 40
inches wide, this week ..... SOC
BEIGE CLOTH. 30 inches wide,
silk lustre, this week. LOO
HENRIETTA. Black, 3S-inch, this
week, a yard ..............3 5c
SlClLIAN. Black, 52-inch, gold
medal brand. ,.........9 CSC
As and 5O-inch black whipcords,
chevots venetians, satin berber,
ETC., this week at CSC to lies
Special line black broadclothS, 81
inches wide, at, this week. CSC
Br0adClOthS
52-inch Satin Finish Broadcloths
in all the new colorS and black,
bought to sell for f.i5; opening
sale price. ....,...... soc
s2-inch Broadoloth, nice satin
finish, in all the correct shades and
black, a good i,45 value; opening
sale price -. .......... 1.25
s2-inch Satin Broadcloth, all good
oolors and black, the regular as
quality; opening sale price. IT'S
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03
CORSETS-Verv Special Selling.

WARMERS. ia Reine," the
100 kind, this week ....S SOC
WARMERS. "Thalia," the $50
kind -. ........ 10
w. B. CORSETS.
w. B. S5 lie 3o3, white, 2.95
kind ........ ...........2.1 Is
w. B. Style 1879, dress form
Corset, lis kind $50
Comforters
New shipment very extra qualities
in comforterS, covered with choice
materials, filled with purest white
cotton and swans down.
COMFORTS. Full large size, good
calico covering, good quality of
filling, good weight, buy them
with safety, each 80. $50
COMFORTS. Very large size,
calico covered, large figures, clean
soft filling, extra well quilted,.1.25
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03
Specials i'm
Black Goods

CAMEL HAIR CHEVIOT. Sd
inches, las kind, offered this
week 49,. ......... CSC
CHEVlOT, BLACK, HEAVY. 81
inches, LIS quality. 80. $50
ENGLISH SERGE. 5o-inch.
Shrunk and sponged, los
value .... .......... -. 1.29
AND THESE:
FIFTY-lNCH BLACK SERGE.
Nice Sc quality ......... 69c
FORTY-lNCH ENGLISH CHE
VlOT. 75c kind. 59c
FORTY-INCH DAG ONALS,
BLACK. Regular 100 kind soc
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03
Blankets

BLANKETS. Gray or white, 1914
size, extra we'll bound, very broad
blue borders, guaranteed to be full
size, pair Csc
BLANKETS. White Eastern fleece.
broad red or blue borders, fanoy
crochet bound, full fi-4 size,
pair ''.'''', ....... 1.25
BLANKETS. Gray or white, full
lid, extra heavy Eastern fleece,
very broad pretty colored borders,
crochet bound 2.25
BL ANKETS. 1914, gray wool
with fancy borders, tape bound,
per pair ......... ..2.25
BLANKETS. Full ia, white
Eastern wool, with broad blue,
pink or red borders, extra we'll
bound, pair .............2.9S
BLANKETS. Very fine white
Eastern wool fleece, beautiful wide
pink, blue or red borders, extra
well bound with silk .......4.25
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03
FUR.S

Don't neglect this weeks Of
ferings. We've made the
prices extra little, fearing a
warm winter and little demand.
SCARF. Made of sable fur, two
large bushy tails and claws, very
handsome and stylish garment
for .......... 8. rs
FUR SCARF. Made of black bear
fur, very long, large bushy tails
and claws. ......... 9. so
FUR SCARF. Brown sable with
six tails, a magnificent and very
large scarf for a very Little
price. .....,....... .....2. %
LADIES' COLLARETTE. Made
of sable with yoke of seal bor-
dered with sable, very stylish
garment; lined with mercerized
sateen, this weeks price will be
only ............ ......2. so
LADIES' COLLARETTE of black
Seal, very high stylish collar, mer-
cerized lining, all exceptionally nice
garment for. so
MISSES COLLARETTE of black
Seal, satin lined, trimmed with four
tails, very stylish garment 2.25
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03
EiderdOWn Dressing SaCQues

AT 75c ore a o~0 o" h e With Sc cld6s es u
regular quality, at lJG
At LIS n Gs'GT pes aHd o oo ne s aT w
collar edged with satin ribbon sale price AsAJ
AT LIS ao of o cood erd6wn mmed With white E
applique large satin buttons and ribbon, at ID
~ Ladies' Edrdown Dressing Sacqu in plain coors and
AT L. figures collar bound with satin ribbon and
gathered ribbon trimmed with large satin buttons and silk cord *
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03
Kid Gloves

1L:ao 2-cap nice soft Kid Glove, in gray mode, OQc
AIUlIId browns, tans black and white, at. 1ON
dooI 2asp Glove, excellent quality soft kid in brown 0S
1UGdI modes reds gayS and black sale price A.AJ
~ 2-cap Pique Glove, in all the and staple shades;
M1FVok this glove bought to sell for Us but E0
leader we make the price RsUU
- 3-claSp fine Kid Glove, in all the colors of
tuloof1 sand pearl browns, yellow grayS and black, tx
the best to be had, IL A ~
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-03
Linen List

TOWELS. Linen buck, t8x36,
nice soft quality, worth zoe ..15c
2ox4O, worth CSC. ..20c
22x4o, beautiful soft quality,
worth CSC ........ Csc
DAMASK TOWELS. 1ox32,
fringed, each .............124c
1ox3S, hemmed ....1Sc
2tx44, hemmed ...25c
TURKISH BATH TOWELS.
2ix5o Turkish towels, cream, ex-
ira size, value zoe, special. .12tc
27xso Turkish towels, cream, ex-
ira heavy and large, value CSC, 25c
IS pieces linen crash and glass tow
cling, good i5c value, fancy bor-
ders and plaids, special 10c
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-05-22
THEGOVERNOR' SIMNUN|TY'
HIS RIGHTS AND THOSE OF THE
COURTS.
Interesting Legal Question Being Ar
gued Before Humphreys-Co9per
Right to be Acting Governor.

No legal question has ever come be-
fore the courts of Territory of Hawaii
that has aroused equal interest to those
raised by the refusals of territorial
officials to testify their evidences of
legislative bribery to the grand jury.
Since the prospect of an order from
Judge Humphreys to take high officials
into custody, and Judging the acting
governor to be in contempt, everybody
has been wondering what was to be
the outcome, and the mooted questions
of privilege" have been discussed
right and left.
Rumor has it that Cooper would not
have submitted to arrest and that if
the court had in the first instance made
more severe order than an order to
show cause, he would have resisted SER
vice.
Yesterday Attorney-General Dole
presented at length the argument in
behalf of privilege" and Tom Fitch
and f. Thompson talked for the other
side. Dole quoted from a New Jersey
case CThompson VS.. The German Valley
Railroad Coz to the affect that AN
order to testify is an unusual practice,
and ought not to be made against the
Executive of the State.
In the case of the Executive, the
Court would hardly entertain proceed
ings to compel him to testify by adj
judging him in contempt. 1t will be
presumed that the Chief Magistrate in
tends no contempt"
In another famous case, that of
Governor Hartranft of Pennsylvania,
arising during the great railroad riots,
the syllabus quoted by Dole contains
the following:
THE Governor is the absolute judge
of what official communications to
himself or to his department, may or
may not be revealed.
1.-THE Governor is exempt from the
process of the courts whenever engag-
ed in any duty pertaining to his office,
and his immunity extends to his sub
ordinates and agents when acting in
their official capacity.
I'm order to simplify matters, we
may treat this case just as though the
process. first and last, were against
the Governor alone; for if he is exempt
from attachment because of his privil-
eye his immunity protects his subor-
dinates and agents"
Colonel Fitch enlivened the case with
wit and eloquence. He attacked the
plea that secrecy was advisable by
saying that the governor had publicly
announced that investigation was go
ing on. He claimed that different con-
ditions, such as a state of insurrec-
ton. ETC., made the quoted cases in
applicable to the present case, and
ended by attacking the position of
Cooper as acting governor.
Fitch's contention was that Cooper
was not legally acting governor at all,
on the ground that no emergency such
as death, removal or disability of the
governor, existed to warrant the APP
pointment of an acting governor.