A. Perhaps I can help you make progress by stating what followed, if you wish.

Senator Bosshard: Well, do that.

A. I went directly to the Tax Commission office again from the Governor's office, because I wanted to discuss it with Mr. Haugen as to the advisability of my accepting, and both he and Mr. Myrland, who was there at that time also, advised me very strongly to accept, because they were of the opinion that if I did not accept somebody else would, and that a refusal on my part could not restore Mr. Ekern to the office. That interview lasted some time. I don't know just how long. But I went from there to the insurance department to look over some mail that I expected would be there, and, as I was going to a meeting that night, I had to hurry home. I just stepped into the private office of the commissioner for two or three minutes. The discussion there was-well, I asked what was the matter since I had been away, and then Mr. Ekern began to talk about the case rather profusely, to which I said little or nothing.

Q. Did Mr. Ekern at that time ask you whether you intended to accept the appointment if offered you?

A. No, sir.

Q. That was not discussed?

A. No, sir.

Q. And was there any interchange of talk or communication between you and Mr. Ekern on the question of your accepting that appointment outside of that which is contained in the telegram of Mr. Ekern to you and your response to his

telegram, to Mr. Ekern?

A. No, sir.

Q. That has been the only discussion on that point between you and Mr. Ekern?

A. Yes, sir.

Q. Have you at any time since your conference in the Governor's office on that Saturday sent word to the Governor that if the appointment came to you that you would accept!

A. No, sir.

Q. But you did, in pursuance of that appointment, file a

bond?

A. If you will pardon me, I will just tell what happened

and then you can ask questions if you want to. On Monday I stayed in my house. For one reason I had a sore throat. Second, I had some work in hand I wanted to work on in a quiet place, and I did not go to the office that day. I was up town during the noon hour to go to the bank and attend to some business, but I did not go to the insurance department, went directly back to the house. On Tuesday morning I went back to the office and began dictating letters, answering correspondence that had accumulated, and was busy with that all day until I think about four o'clock Mr. Wilbur called me on the phone, and asked me to step to the Governor's office at 5:30, which I agreed to do. At that time I had already planned to leave the city that night to go to Sioux City. Stated Sioux Falls yesterday. Sioux City, Des Moines and Rock Island, and be gone the rest of the week.

Q. Well, continue. You kept that appointment with him at 5:301

Yes, sir, I went to the Governor's office at 5:30. I was ushered into the room adjoining the Governor's private office. There was Senator Wilcox sitting at a table with a number of papers before him. In a few seconds the Governor came in and turning to the Senator said: "Have you found anything different?" The Senator said: "No." He said: "I can't find anything different." Then the Governor turned to me and said: "Then I will send your appointment to the senate to-morrow." I said: "I will leave that to your good judgment," and then I told him that I planned to leave the city that night and expected to be gone the rest of the week. He said that would make no difference. Then I went back to the insurance department and gathered up papers and things that I had to take with me on that trip.

Examined by Senator Randolph :

Q. Mr. Anderson, you testified that on January the 11th you did not come to your office at the Capitol?

A. Yes, sir.

Q. Were you feeling ill on the 10th?

A. I was taken ill during the night.

Q. During the night?

A. Yes, sir.

Q. But after you got this information from the Governor about appointment you were able to sit up then and take nourishment, weren't you?

A. Well, I was up during the night.

Q. And you also were able to go down to the Governor's office that day?

A. Along in the morning it passed off. I was feeling better. Q. Oh, in the morning?

A. Yes, sir, along in the forencon.

Examined by Senator Husting:

Q. Mr. Anderson, when you visited Mr. Haugen the first time did Mr. Haugen assume to speak for the Governor ?

A. No, I think not.

Q. Well, did he not tell you that the Governor had asked him to speak with you on the subject.

A. He said in substance that the Governor had conferred with him.

Q. Well, wasn't it a part of that conference that he was to ask you to come to his office that he might speak to you?

A. I cannot answer for either he or the Governor on that. Q. I am asking you what he said, whether he did not say that the Governor had asked him to confer with you whether you would accept the office or not?

A. No, I don't think he said that.

as to

Q. Well, did he say to you that the Governor had suggested to him that he might call you to his office and talk to you about

it?

A. I don't think he said that.

Q. Well, what did he say as to why he took any part in this

matter?

A. Well, as I understood it, if there was a vacancy he would like to see me appointed to fill it, as a friend.

Q. The Governor had already told him he was considering you, had he not?

A. I so understood.

Q. And that he had called on the Governor and had invited you down to his office?

A. Mr. Haugen you mean, or the Governor?

Q. Yes, Mr. Haugen?

A. I went there, yes, in response to a telephone call.

Q. Did you make up your mind in Mr. Haugen's office you would accept if offered to you?

A. Not finally.

Q. How long were you in Mr. Haugen's office?

A. Well, it may have been an hour, possibly more, or possibly less.

Q. Well, you had pretty well made up your mind that if the office would come to you you would take it, had you not? A. I was beginning to think that way, yes, sir.

Q. When you went to the Governor's office and spoke with him about the matter did he substantiate what Mr. Haugen had told you?

A. Yes, in effect he did.

Q. Had Mr. Haugen been re-appointed at that time?

A. I think so. That is a matter of record, though. I don't know. I don't remember.

Q. You don't know whether he had been or not?

A. I don't remember.

Q. Had you seen rumors in the paper or notices in the papers that Mr. Haugen was not to be re-appointed?

A. I don't think I had seen anything of that kind.

Q. Was anything said at that first time in regard to what manner you would take possession of the office?

A. Beg pardon?

Q. In your first interview with the Governor was anything said with regard to the manner in which you would take possession of your office?

A. No, sir, I don't think so, not that I remember.

Q. Was anything said at that time or at any other time that it would be easy for you to take possession of the office because you had free access to the office?

A. No, sir, don't recall anything of that kind.

Q. Didn't the Governor and Mr. Haugen, or Mr. Wilcox, tell you that you would have no trouble in taking possession of the office because you, being an employee of the office, had free access, free ingress and egress to the office?

A. I don't think that was mentioned.

Q. Don't think it was ever mentioned?

A. Not in those conversations.

Q. Wasn't it told you by Mr. Haugen that was probably the

reason you would be appointed, because you would be in a position to more easily take possession of the office than anyone else?

A. No, sir, Mr. Haugen made no such statement to me that I can recall.

Q. Now, the day after you had decided to accept the appointment you say you called at the office, or, was it the same day?

A. Beg pardon?

Q. I understood you to say that either the day that you had the first conversation with the Governor, or the next day, you called at the office and saw Mr. Ekern?

A. On Saturday, between five and six I saw Mr. Ekern for, I think, two or three minutes.

Q. You had come directly from the Governor's office to the

insurance commissioner's office?

A. No, I came directly from the Tax Commission office to the insurance office,

Q. After you talked to the Governor you went back to Mr. Haugen?

A. Yes, sir.

Q. What conversation did you have with Mr. Haugen the second time?

A. We discussed the situation in a general way.

Q. What situation?

A. That there was a vacancy and he thought I was

to fill it, and would like to see me appointed.

qualified

Q. Well, you went back and told Mr. Haugen that the Governor had practically offered you this position?

A. Yes, sir.

Q. And that you had decided to accept?

A. I didn't say that I had decided to accept.

Q. Well, you had told the Governor that you had decided

to accept?

A. No, sir. cept upon the condition he named.

I told the Governor I would never accept ex.

Q. Well, that was an acceptance, then, an acceptance of the office and the conditions under which it was tendered to you! A. He didn't say finally he was going fo appoint me, or

finally that he would not. I nevertheless considered it an fer.

of