Accordingly, when both the day of the elections approached, and as it was highly inexpedient for the public interest that Publilius should be called away when on the point of assailing the enemy's walls, and in daily expectation of gaining possession of their city, application was made to the tribunes, to recommend to the people the passing of an order, that Publilius Philo, when his year of office should expire, might continue in command, as pro-consul, until the war with the Greeks should be finished.

A letter was despatched to Lucius Cornelius, with orders to name a dictator; for it was not thought proper that the consul should be recalled from the vigorous prosecution of the war now that he had entered into Samnium.

He nominated Marcus Claudius Marcellus, who appointed Spurius Postumius master of the horse.

The elections, however, were not held by the dictator, because it became a question whether he had been appointed under an irregularity; and the augurs being consulted, pronounced that it appeared that the dictator's appointment was defective.

The tribunes inveighed against this proceeding as dangerous and dishonourable; "for it was not probable," they said, "that such defect could have been discovered, as the consul, rising in the night, had nominated the dictator while every thing was still;[172] nor had the said consul in any of his letters, either public or private, made any mention of such a thing to any one; nor did any person whatever come forward who said that he saw or heard any thing which could vitiate the auspices.