Telegram-herald., 1888-07-25

l-s LO1H-y u N-1- A-f fsotir r4 re-
samasi ID. clay -. hilllzn4 J. stuart
Aa1t lsslasT s.
And nov comes ths sad rsisfor. Samuel
/ T. Clas. aad h4slsE sesfd read ~ pea q
( sasd Nlllizas J. stslzfl rsspos1sas - hlaa
I D saded. ssys ibsg tbs ssia ) ga in n4H ssF
aaa faFm > aisi. aad tie matter tbsfssn
a0a i4seo4. are nol 81 rneisntia ~ - osr
TIE SAD peopis irosa a4siEx of maintaining
F their sad 10 iorEAaiion against the SAL W.
f lsm J. Jtuart from ne asurp4tloa. .ntFu-
slsa snI 4alsstli hslGias All sxsr1ass of
7 ehils casrssd upoa hin. sad william j.
{ ol4alt . sal Information s1ich sal plea
7 a. a. aforesaid pleaded - the ss4d rslztcr =
nsl oounsl - "a a. 0f ths iznt % Al
s6ei, AID tails be- the sid relatof = reae =
~ verify where roai. isr sal oi sinleitnl
plea .n his behalf tie said rslaf0f pfsys
F l44zmslt aad tlat tbs sad william J.
-llarE may DC convicted Of fhs preDl sSs
charged gpon nlnl In SAID Information sn1
MAJ 0s excluded u and from The once o.
I Prosecuting Attorney Cr tle County u
hsnl zld ,tAts % Michigan.
7 Ans tle .asd fe = u. states aud shows tie
( Court hsfe tDs iol4Oslas causes VI dsll4ffeF
90 .aN ~ ne said fssy0nleuts place.
tigst-iAat tie rslAtol samuel -. Gay
+ hsWng been daIy elected - Tie Office OI
T Prosecuting Agt0fasy OF he.t cOansy. snd
I Qlsilel a. such. "a ana > elfltlel oy the
7 ~ % ne .ani - bold sad once until the
I expiration ~ the lsgal term thereof. ~.
I until the 3lst day 0f itecsmDer A. D.. l>Se.
i second fnal ny the as Of tlis stale it
7 i. sxuressv provided. do~elis statutes
6o5. hos Ia what manner and on the hap
( peniug Of shas events offices shall become
/ vacanl before the expiration of the term Of
/ such Clnce. 40 oue u s1eh eyents had hap
i pened a. the time tie aid William j. stuart
I uslFp=t th- olloc Of prosecuting Attorney
I oi hea. ooan.y, aud assumed 10 discharge
/ ths duties thereof, nor any OF said events
hsppeusd up " aAd including the date
/ hereof.
Thrd-That Il appeared from said re.
I spongeuts plea that ne nov sclaIms 10 hold
s4ld olfice Of Prosecuting Attorney OF hsnt
| county under and % virtue Of al appoint
nisat made Dy tie Judge Of the Circuit
| Court VI Kent county, WAC made such sp-
4 pOintmsus because as II IS claimed. there
vas az the time Of The alleged zppointme mt
10 OniceFs duly authorized 10 execute the
duties thereof. AID this it appears from said
| respondents plea was IN consequence OF
| the order made ~ cyrus q. luce, Governor
/ of the state OF Michigan. on The lst day OF
| May A D., is. be substance Of which
sad or,.ef IS SCI firth IA said plea.
Foarth-Ihis relatOr shows taat the said
! Order OF said Governor, and all the steps
I fekrn prior thereto. or set forth In said
| respondents plea. we're and are OF no legal
! fofce or effect. tor tbs reason that the said
/ Governor had no constitutional or legal
| authority or warrant 20 make the order re-
/ lerrrd 10 IN said plea and Tor the further
| reason thar the legislation under which the
! entire proceedings as set iorth IN sail forth,
we're lad, and by and IN consequence OF
watch Il IL claimed that this relator was re-
| moved from hls Office OF Prosecuting At
( tOsney OF hsnt county. IS UNCONSTITUTIONAL,
luegsl iuoperstive and void, for the reason
that the same Is Unauthorized by and re-
/ pugpsnet To The constitution Of this State;
/ when nowhere authorizes the Legislature
10 confer upon the Governor Of this State
| the power 10 remove IN the exercise OF his
| discretion. an tlicer chosen by qualified
electors 70 discharge the duties of the office
! for which ne was 50 elected.
kifth-rhis relatOr further shows that
the said Cyrus q. Luce, Governor as afore-
said. ds slcgatsd 10 Moses Tsggart Attorney
General Of the State of Michigan, the power
| 70 appoint an assistant attorney 10 conduct
| the investigation OF tie charges made
against this relator, and in pursuance of
suen authority toe said Tsggsrt did appoint
i and designate one NIraui ). Fletcher TO con-
| duct said investigation and examination.
! and the said Fletcher did appear before
I cyrus F. Perkins. Judge Of Probate of Kent
/ county. and conduct said examination.
! contrary 10 law sad against the objection
| Oi this reiatOE.
Sixth-rhis reistor further shows that
| tile proceedings TO remove him from the
| Office Of Prosecuting Attorney for the
county of Kent wss illegal and void foI the
| further reason, that the said Cyrus T.. Per-
I. 3 q
/ sumed TO aG and dad act Ia the inquiry and
examination in the plea OF the said Will
ham J. stUart mentioned, judcially. and
| not minlsteriallv, ss IS required by the STA.
tute 10 such cases provided, and did pass
| upon the sdmissiollity of testimony, and
/ did refuse 20 allow the witnesses on the
! part OF the petite ner 20 answer the pesti-
! nsnt and competent questions put 10 them
| bv this reistor's counsel. and did absolutely
| refuse to take the testimony produced be-
| fore Dim By the said Samuel ID. Clay, the
| Officer accused, which said testimony was
| necessary for his defense. aud because the
| said cyrus r. Perkins did refuse 10 sake
| and reduce TO writing the testimony OF Mrs
| Hazel June, witness produced by this re-
/ lator, and whose testimony was necessary
| in his defense, and all Of which appears in
and o. said examination, and was we'll
known By tue said Cyrus q. Luce a. the
I Althr ANI DrtNlr Aue NEltN % ItulONhl OF
/ this reiAtor was made, as mentioned ia said
plea.
Seventh-This rslator further shows that
there vas no inquiry. investigation or er-
| animation into the truth OF the charges
! made by Israel G. smith, as mentioned in
sand plss, previously to the said Cyrus @.
4 Luce. Governor ss aforesaid, making the
I order removing this relator from the Office
I OF Prosecuting Attorney ot Kent county,
and that said act and order OF removal was
/ iuegsl sud void.
Eighth-This rsiatOr further shows that
/ be vas greatly Injured aud prsiudcsd In bis
/ rights by the refusal q said Cyrus = Per-
I kius % take the testimony CT tbIs re iat0r !
/ xitnsssessss produced and offered for tbs
purpose OF explaining and rrbutting the
[ charges and the testimony of the said israe
| e. smith. snd 20 show that - had az all
times conducted the oflics of Prosecuting
Attorney 10 Straightforward. legitimate
and legal manner. and 70 rabut the test
nlony Of said Smith. that be was unfir and
| incompetent for the 0fii ~ snd 70 furt her
SHOW that there bad rot been any miscon-
/ duct IN management - sad cfics.
SAvuFE -. CAY. Rslst0r.
FRKD A. MsTNoR0. A.ty Tor Rslator.