Alma record. (Alma, Mich.) 1878-1928, 1894-03-30
RICH WAS RIGHT.
The Supreme Court Sustains the
Position Of the Governor.
Ills Right tn Gust the Board of Cam
vassers OBSERVATION-DISCLOSURES Officers
Forced to Nacate - Successors
Appointed and Installed.
UPHELD BY THE COURT.


LANSING, March 90. - In unani-
nous opinion handed down the
Michigan supreme court sustained the
power of the governor To remove
Secretary of State Jochim, Treasurer
Hambitzer and Land Commissioners
Berry for gross neglect of duty
In failing to properly compare and
verify the falsited canvass upon the
salary amendment of 1898, and a iudg-
ment of custer rendered against the
derelict officials, who yet remain to be
tried in the circuit court upon charges
of felony and misdemeanor in connec-
ton with the canvass The court con-
sidered two questions: First, the power
of the governor to remove, and second,
the sufliciency of the cause alleged.
The contention that there are prop
erty rights in public office, and that,
therefore, the removal by the governor
of an officer without due process of law
was contrary to the spirit of the four
teenth amendment to the federal con-
stitution, was overruled.
Speaking of the propriety of the gov
ernors action in removing the officials
the court uses this emphatic languages
while there is an inclination on the part OF
the average American 10 accept good inten-
tons excuse for mistakes, IL is
not for the public good that responsible
public Offices shall be contded TO or re-
main in the custody of those whose du.
ties and responsibilities rest lightly upon
them as 10 permit the public interests 10
be injured or endangered through neglect And
when such neglect from the gravity of the case
becomes so serious in its character as 10 en-
danger threaten the public welfare
II is gross within the meaning OF the
law, and lustihes the Interference of
the executive, upon whom IS placed by
this amendment the responsibility Of keep
ing the affairs Of the state in proper condition.
We cannot think the term gross neglect means
only intentional Official wrongdong. Such
acts would hardly be described as neglect II
Is said that this section conldes great power
10 the governor. That is true, but the govern.
orship is al exalted ONCE; one which ought 10
carry with il presumption OF integrity OF
character and breadth OF mind commensurate
10 It's importance"
Col. John Atkinson asked the court
for a stay of proceedings for few
days, but Justice McGrath said the
court was not inclined to accede TO the
request This announcement was at
once followed by an application for u
writ of error to the federal supreme
not feel warranted in making any such
concessions, especially after the entire
bench had agreed upon the Judgment
of custer
Immediately after the court handed
down its decision Gov. Rich formally
appointed Rev. Washington Gardner,
of Albion, secretary of state; William
A. French, of Pressure Isle, state
land commissioner, and james NJ.
Wilkinson, of Marquette, state
treasurer. These gentleman were
in waiting in the executive Office
when the supreme court decision was
handed down. EX-Judge Richard
Cahill, of this city, one of the attorneys
tor the governor, who is also notary
public, administered the oath of office
to the appointees
Col. Atkinson advised the members of
the board to submit TO the decree OF
the supreme court, and accordingly at
$3.50 O'Clock the commissions were de-
livered to the appointed state officers.
Rev. Washington Gardner OF Albion, the
new secretary OF state was born in Ohio in
ls45 When he was IL years OF age he en-
listed IN the Sixty.dfth Ohio infantry, serv
At the battle or Resaca, Ga, he was
severely wounded He subsequently, grad.
uated from the ohio Wesleyan university, al
Delaware, o. and later from the Albany law
school, at Albany, =. y He studied theology
at Boston and entered the ministry Ia 1871. In
1883 he department commander Of tho
Grand Army of the Republic for Michigan, and
is now holding professorship In Albion col
lege.
The new state treasurer, James NJ. Wilkin
son, was born in Novi, Oakland county, in 1873
He was lawyer nine years, but became
banker at Marquette in 1873
Since 1888 William A. French has been en-
gagged in the lumber business in Presque Islt
county.
LANSING, March Treasurer vii
kinsons bond has been approved 10y
the attorney general and .he deputy
auditor general as required by the sta t
ute 1t is in the sum OF $3.50, 600, and il
signed by James Pendell, Frank Pen
dell, Balthaser Neidhardt, T. III. Tow
ar, d. II. Merritt and Ferdinand Bend
ing, all of Marquette.
Stabbed the Deputy sheriff.
GRAND RAPIDS, March % 49, Georg,
~ l.