Telegram-herald., 1888-05-04

counfy Clerk Harvey, upon looking ever
bls msil yesterday morning. - matter Of
coan~ plezsd cut hgs. . ionz snyslcgs
bearing the great seal 81 The State of
Nickigsa. Breaking the seal and epsnins
the sasslops. hs fFss came acres. . note
IN slsg4ns enirogrspby. reading tkas'
EsxcuFFE aASsnss
LsssisG. AieA-. My :. ls6s. !
c L HaEgEF Clerk Ksss cea1tg. Aiehlgan.-
DEAk ~fA,--bf direction VI kne Governor, ] here
siih .snd yoa order q Ienossl d SAMUEL "a
Mo H. cAxFsELl.
frivaSe secretary.
Unfolding the lengthy document which
accompanied .his note. be loaad 1t TO read
a. follows
Ia The n.ziisF Of the pstition Of Israel C.
S<h. Of Grand Rspid-. Mich. for the re-
uByal 3f samuel ID. Clay from the Office of
Prosecuting Attorney CT Kent county.
The pstitlon Of Israel {. smith. S1perin-
lsndsnt Of Police OF the City OF Grand Rap
Ids. Michigan. having been presented TO ine.
aOly verified. praying tie removal OF sam
asl ID. Clay. OF said city. from the Office OF
| Prosecuting Attorney Ia and for Kent
eounty. ana said petition being sceompan-
panied by divers specific charges made and
/ preferred against the said Seguel ID. Clay
/ by sad israei &. smith. setting forth that
| the said Samuel ID. Clay during the time OF
his occupancy OF said Office of Prosecuting
Attorney bad been guilty OF Official miscon-
duet in tns following. to-wit:
FIRST, That be had endeavored 10 arrange
a conspiracy as Prosecuting Attorney with
| the Chief Of Police OF Grand Rapids whereby
4 certain saloon in said city and county. in
which spirituous and intoxicating liquors
were being sold. might be allowed TO remain
| open after II O'Clock al night without mo-
l iesration on the part of The police or Prose-
cutting Attorney. we'll knowing such acts
/ would be contrary TO the statutes in such
case nsde aud provided and in VIC alton of
the criminal laws Of this State.
Second, That during the month of Sep
1 tember. 1887. the, saId Samuel ID. Clay.
while . suit was pending in the Supreme
/ Court appealed from the Kent Circuit Court
| by Nathan j. Aiken. who had been iound
| guilty Of msnslaugnter therein. did solicit
| oribe of $500 from the representatives of the
said Nathan j. Aiken for bis own benefit.
and with q promise upon the part OF said
| Clay that Il would require the said amount
To obtain the consent OF certain members OF
the Board Of Supervisors 10 the case being
nolle prosd, ana which consent the said
| Clay agreed TO obtain in consideration of
sucn sum being paid him.
Third. That Samuel ID. Clay did. on or
about December Is, 1887, d, and of Mar
shall c. Byers and James G. Forbes a bribe
Of $500 as = consideration for his Gays
| consent that n certain prize hight might
| take place in Kent cOsnty. and st the time
insisting that tue said sparring match or
prizs fight would be contrary TO law, and
| that the same would not be allowed To take
place unless the said sum OF $500 Was
| paid.
And the said petition and charges so
made having been certified by Hon. Moses
raggart. the Attorney General of Michigan,
that in bis opinion the said charges were of
such a character as 10 demand the exami-
nation and investigation required by law.
And whereas the said petitIon and charges
SO made were by me. on the llth day of
| February, 1885, referred TO the Attorney
| General of the State and such other attorney
as he might select as his assistant, with di-
rsction 10 conduct an inquiry as required
oy law upon the charges 30 made. And
| WHEREAS. Il appears 90 me by q return of
the attorney general under date of April 10,
lssS. accompanied with the evidence taken
ia said case and other tiles therein, togeth er
with the opinion of Cyrus 4. Perkins. Judge
Of Probate of said county, that full hear
ing and investigation has been had upon
said petition aud charges in accordance
with law; aud having heard the respondent,
Samuel ID. Clay. by his attorney. Ar. Fred
A. Maynard. and having carefully read. ex-
amined and considered the evidences offered
upon suca examination. | do find the said
samuel ID. Clay guilty Of official miscon-
duet ss alleged against him by the said
Israel e. smith. and do therefore order:
That the said Samuel ID. Clay, of the city
of Grand Rapids, DO vscate the ofics of
Prosecuting Attorney OF Kent county,
| Michigan, and that from this date be - re-
1 IL II a
| disqualified to perform the duties and func-
tions OF that ofEce and that said Office be
declared vacant.
In witness whereof | have hereunto set
my hand and caused to be affixed the
great seal of the Sis.s of Michigan this
hrst day of May. A. d., 1888.
CYRUS G. LUCE.
| Seal. By the Governor
t--' f. B. EsAs.
Deputy Secretary OF State.
Il was supposed that Mr. Clay would be
surprised when be heard OF this, but be was
not. The action had been anticipated, and
| Fred A. Maynard. as his attorney, as early
as nins O'Clock a. IN. bad applied 10 Circuit
Commissioner Everett ID. COmstock with a
petition by writ of csrtioTari to remove the
entire proceedings Of investigation. evil
dence snd al. te the Supreme Court. A
consent to the issue Of the writ was at once
granted By Mr.. Comgsock, aud Mr. Moy-
nsrd Immediately proceeded to Lansing 10
fle IL with the C.erk OF the Supreme Court.
who viii s1bmit il TO the Governor.
Mr.. Clay was interviewed By several pro-
tsssionRl meB and reporters during the day,
and cisimed that is was = political move.
and tha; be should contest II TO the full ex-
tent Of The power that the law would give
bin. and sssers bis rights. although he
freely Acknowledged that be did not know
nov far the Isw would allow bin TO 60 in
The case Of Al appointment OF . successor.
As % hlii1g the vacancy which now ex-
! ists u inra n not ~ facto. Indgs Montcom.