This delay was caused by the failure of the Nebraska Legislature to elect a Senator by the start of the term.

Sources at the time noted that while he was a Republican, the Governor appointing his replacement, William A. Poynter was a Populist.

The Courier wrote: "Ethically as a republican senator was elected and has died a republican should be appointed to take his place, but such transcendental politics is still unheard of in the year of our Lord eighteen hundred and ninety-nine.

"[5] His son, Colonel William Hayward, commanded the 369th Infantry Regiment during the First World War, known as the Harlem Hellfighters.

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