Evening star., 1940-04-08
BY the Associated Press

By the Associated Press.
SPRINGFIELD. H., April g.
1t. Gov. John Stelle climaxed a
bitter Democratic primary battle
today by proclaiming himself act
ing Governor of Illinois and chal-
lenged Gov. Henry Horner's right
to serve by issuing call for a spe-
cial session of the Legislature.
Mr.. STEELE. 'insurgent" candidate
for the Democratic gubernatorial
nomination, strode into the Gov
ernor's State House Office and
signed the proclamation less than
an hour after Gov. Horner issued
a prior call for a special session of
the Legislature April 80.
Gov. Horners Office did not COM
ment Immediately on the develop
ment. Previously Mr.. Horners aides
had said that any such action was
illegal.
Both Calls Filed.
Mr.. Stelle carried the proclama-
ton to the Office of Secretary of
State Edward j. Hughes. who a few
minutes before had affixed the
States official seal to a special ses-
sion call issued by the Governor.
Told by a clerk that Secretary
Hughes was out. Mr.. Stelle said:
I'm filing this CALI don't care
about the seal. That doesn't mean
anything anyway. The members of
the Legislature are to be notified of
this call"
Earlier Mr.. Hughes had stated
emphatically that this is the CALI
when he signed Gov. Horners proc
lamation.
Gov. Horner's call, signed at mid
night Saturday, listed a dozen sub
jects, including proposals to increase
old-age pension funds, but omitted
such controversial measures as oil
regulation and relief.
Asked if he also would sign Mr..
Stelle's call and stamp it with the
States seal, Secretary Hughes said,
Il never heard OF two calls before" !"
Basis for Action.
Mr.. Stelle's action was based on
his contention that the Governor
has been disabled" by long illness.
The States 1870 constitution pro-
vldes the Lieutenant Governor shall,
become Acting Governor upon the
disability of the chief executive, but
it sets up no procedure for settling
such a dispute.
Mr.. SJelle is opposed in tomorrow
primary by Harry B. Hershey, who
has the backing of Gov. Horner and
the Chicago Democratic organiza-
ton
The first paragraph of Mr.. Stelle's
proclamation recited the disability"
clause Of The constitution. 1t in
cluded all the subjects in Gov. Hor-
ner's call and added provisions for
investigation of the Democratic
party's campaign fund and study
of the State relief situation.
The first administration express
sion came from Finance Director
Samuel L. Nudelman, close ad-
wiser of Gov. Horner, who told re-
porters:
OF course we're ignoring this.
He's just trying to intimidate State
employees but he's not intimidating
any one. I wouldn't pay any more
attention to his call than I would
to one issued by the janitor."
H0rner to Fight.
Gov. Horner, denying Mr.. Stelles
claim that he had surrendered State
control to a bedside cabinet" has
declared he would resist any at
tempt by Mr.. Stelle to take over the
governorship. Mr.. Stelle, in a let
ter to State employees, said it was
his intention to assume the duties
of the Governor imme-
diately after the primary"
The exact nature of the Governor S
illness has never been made public
He was stricken in November, 1888,
and Mr.. Stelle has charged that he
has been able to make only three
visits to his capitol Office since then.
The Governors associates have re-
ported him to be suffering variously
from colds, fatigue which affected
his heart, and high blood pressure.