The diamond drill., 1894-02-17
State Officials Before the Gov.
errors Tribunal.
BRILLIANT COUNSEL FOR DEFENSE
Movo to Va,cate but tho Gov
ernOr Denies.
Testimony i'm the Case Will bs Ad-
mitted on Monday Next--De-
fendants' Bold Stand.
OFFICIALS ARRAIoNEp.

The hearing of the charges against the
state Board Of Canvasscrs OF 1898 was
begun by Gov. Rich this afternoon.
There was an imposing array OF
counsel for the defense, consisting
OF j. 4. Ice and George +. Day,
Lansing; John Atkinson and Fred
4. Baker, Detroit; ex-senator Wisselius,
oT Grand Rapids, appeared as special
counsel for Land Commissioner Berry
and Harrison Geer, OF Laper and Judge
Edward Cahil, OF Lansing were there for
the state. Mr.. lee moved tovacate the
action upon the ground TINT the Cover
nor hns no power to remove n board oi
canvassors; that the power OF the gov
crnor is confined to official misconduct
that the sole power of impeachment is
conlidcd in the house OF representatives
and senate; that the charges against the
state officers were wholly insufficient and
defective for the reason il il not shown
that negligence was intended that the
charges did not state what the gross mis-
conduct was; that the notice served on
the state officials was void, because IL
is not ia the name OF the people; That
the Board 81 Cnnvasscrs was created 10y
the constitution and that they are not
subject TO the control olinteliercncei from
the governor and are answcrable only to
the people 81 the state. The arguments
Of counsel for the dsIcnse were upon these
lines Counsel Tor the state urged that
the charge was simply for neglect of duty
and upon this they would be tried. Other
charges could have been incorporated,
but the governor was content 90 leave
this in the care oi the courts and doing
only his mandatory duty under the con
stitutinn. The governor, by his action,
deprived ilic accused Of no rights, as il
can bc reviewed by the Supreme court.
He charged that by their own admissions
not one Of them ever looked at even one
OF the returns from the cighty-iour coun-
tics. II they he found guilty under the
charge preferred, there is but one duty
for the governor under the constitution,
aud that is removal.
AT the close oi the Argument Of counsel
the governor said that hcwould deny the
fmotion TO vucatc and would admit the
/ testimony ia the eases. Senator Wisscl-
us said hc appeared as special counsel
for Commissioners Berry and demanded
for him separate trial as TO time and
place. A long wranglc ensucd over this,
and the governor finally said that hc
would bc permitted to make n separate
showing il he desired
Secretary Of state Joclim was sworn,
but under direction oi counsel he stood
mute on the question whether or not hc
was the secretary Of state. A compro-
mise was made, however, 10y the defense
admitting al that was sought TO be
proved 10y the testimony OF Jochim.
Deputy Auditor General Ringer testified
/ 10 the auditing 10y him oi vouchers for
the payment FOR per diem and travelling
expcncs for each member Of the board
for three sessions oi the board ot three
days each The hearing was then adj
iouncd until Monday next at o'clock
The grard jury continued it's invcstiga-
tion at Mason, but nothing has been
| developed ~ sensational nature. IL IL
umorcd that Frank 4. Ileuly, Of Iron
wood had made confession duplicating
Attorney General Ellis IN the fraud Of
1891 in Gogcbc county The attorney
general would not talk for publication.
lIcaly Il said to have admitted that
hc made the change in the ioolings nt the
supgcolion OF Attorney General Ellis
Negotiations urc said Go be under way Ia
secure immunity from prosecution on
condition that be tells all lac knows
IIcnly claims hc mndc Tho attentions
honestly. believing that he was correcting
a mistake Of the Board of Cnnvasscr.
and That lie had right Co do SO.
Attorney General Ellis tonight, in con
ncction with the alleged confession o.
lIrnly, exhibited lIcnly's Affidavit IL
which hc states he made the correction
upon his own accord az Dcsscmcr and
that IL was M accordance with his under
standing Of lhcnumbcr of votes cast.