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Show i ! RAWLINS IS OUT OF 1 RAGE FOR JUDGESHIP ! Upon Withdrawal, Frank K. Nebekcr Is at Once ' Given Indorsement. HAS SUPPORT OF KING j Senator-elect Wires to At-! i torney General Gregory and President Wilson. i Upon receipt of Information from Washington that his age mado bin ap-polntmrnt ap-polntmrnt an Impossibility, former United States fcionalor Joseph L. Rawlins yester- ; day formally withdrew from the rare for j Judge of the Uighth circuit court of ap- i peals. Immediately upon the announce- ! inftnt of Hunator Kawllrm's withdrawal, : t'niu-d Stal'-s Senator-elect William II. King telegraphed President Wilson and j Attorney (.ieneral T. W. Gregory an Indorsement In-dorsement of Frank K. Nebeker of Salt Lake for the position. Indirect Information was received In I he city several days ago to tho effect t hat Senator Rawlins'n age would bar 1dm from a ppoinl mcnt to the circuit bench, hut yesterday Senator-elect King receiver authentic information to this effect from tho attorney general and vh rlouH cabinet ofheArs. In view of the fact Hint there was no chance for appointment ap-pointment Senator Rawlins did not wish 10 stand in the way of the appointment of some other man from Utah and im-inodiately im-inodiately withdrew from the race. Statement of Rawlins. With reference to Ids action. Senator Kawllns last night gave out tho following follow-ing Interview: On yesterday I wired to a personal friend' In Washington, authorizing him to ask the president to eliminate i my namn from tho contest in connec tion wiUi the appointment to a judgeship judge-ship In the IOiKhth circuit court of appen Is. This was done In order that the situation might be cleared, for anyone any-one who intent bo eligible. When my I name was first suggested T went to I Judge King and told him that it was I doubtful if I would be considered on I account of my age, and 1 explained to my friends, who solicited my consent con-sent to become a candidate, that this would probably exclude me from the 1 ' appointment. They insisted that I remain In the race and said they would see If my age would preclude my appointment. Judge Klngr wired to the attorney general and made direct inquiry of him, the matter of my deciding being dependent upon his answer. No answer an-swer was received, but from other sources I learned that the rule was fixed that no one. more than 60 years of age is eligible to an appointment to such a judgeship. Decision Reached. Tt "has been Intimated that lead-! lead-! In; Democrats have urged my with drawal. This is not true. All who spoke to me urged me to awnit an answer to Judge King's telegram. However, I decided yesterday not to riolav the matter, and wired my friends to go to the president and have my name eliminated. I have had the kind and enthusiastic enthusi-astic support of my friends in the matter and I desire to express my thanks ajid appreciation to them. Mr. Nebeker is a native of Utah, having hav-ing been born at Laketown, Rich county. May 15, 1S70. He attended Brlgham Young college at Logan and later Cornell university, from which he was graduated with the degree of L. L. B. in 1S95. The same vear Me was admitted to the tar of Utah and was admitted to practice before the United States district court in Utah and New Mexico. Here for Seven Years. Until 1909 he was engaged in the practice prac-tice of law at Logan, where he was senior member of the tirm of Nebeker, Hart & Nebeker. In that year he came to Salt lke and became assistant general attorney at-torney for the Oregon Short Line railroad. rail-road. This position he held until January Janu-ary 1, 1912, when he became a member of the tirm of Howat, MaeMillan & Nebeker, Neb-eker, with which he still is associated. Mr. Nebeker was county attorney of Cache county from 1SL6 to 1900 and district dis-trict attorney of the First Judicial district dis-trict from 19(t0 to 1901. His wide experience ex-perience in general practice of law in the interniountain country, his friends believe, be-lieve, lias especially titled him to fill the vacancy on the appellate bench of the Kighth circuit, where many cases Involving In-volving questions of mining and irrigation must be decided. Mr. Nebeker has been on active worker in the Democratic ranks since attaining his majority. F1 RANK K. NEBEKER, who has been indorsed by Senator-elect King for appointment ap-pointment to the circuit court of appeals, eighth district. 1 ,4s.. 71 |