Alma record. (Alma, Mich.) 1878-1928, 1894-02-23
NEGLECT OF DUTY.
A Charge Which Michigan Officials
Must Answer.
Grounds for Their Contention That Gov.
Rich Cannot Remove Them from Of
hce-Latest Developments I'm the
Salaries Frauds.
ARRAIGNED.

LANSING, Feb. l6.-The most intense
public interest was manifest in Thurs
days hearing before the governor of
the charges of gross neglect of duty
preferred by the executive against the
three state officials who constitute the
state board of canvassers. All the ac-
cused were present accompanied by
their counsel j. Il. Lee, counsel for the
accused, moved TO vacate the citations
and dismiss the proceedings for the fol-
lowing reasons:
l. That the governor has no power to remove
q board of canyassers.
2. That the power OF the governor is confined
10 official misconduct
g. That the sole power OF impeachment is
given 10 the house OF representatives and SEN
ate
L. That the charges against the state officers
were wholly insufficient and defective, for the
reason that il was not shown that negligence
was intended
8 That the charges did not state what the
gross misconduct was
9 That the notice served on the state officials
by the governor was void because IL was not
in the name of the people
z. That the board OF canyassers was created
by the constitution and is not subject 10 control
or interference from the governor and Is an-
swerable only TO the people OF the state.
Arguments on the above speciica-
tions were presented by Mr.. Lee and
L. A. Barker for the canvassers and
Harrison Geer for the governor The
canvassers refused To take the stand,
out their counsel admitted that noue
of them examined any of the returns
and that no meeting of the canvassing
board was ever held. Notwithstanding
hn Lot Il oCiA Mt off
in evidence vouchers showing that the
board collected pay for two meetings of
three days each.
The governor was disposed to pro-
coed with the argument at once, but
yielded to The request of the defense
for time for preparation and adjourned
the hearing until Monday afternoon.
There is no doubt that he will remove
the officials.
The sensation of the day in connec-
ton with the amendment scandals is
the confession of Postmaster Healy, of
Ironwood, relative to his connection
with the alterations in the Goge bic
county returns of 1892. Mr.. Healys
story is said To be that he
came to Lansing April 20, 1891, to
look after the lronwood charter in
the legislature, and while here was
approached by Attorney General Ellis,
who called him into his office,
where he produced the three returns
on the salary amendment. In each
return the figure l had been placed
before TIE figures 357 and 80, which
were the total vote of the county on
the amendment and the total affirma-
tive vote, respectively, thus making
1857 and 1919 Ellis called Healy's
attention 20 those figures and sugges-
ted that as chairman of the Gogebic
county canvassers Healey make the
writing correspond with the figures.
Healy says he complied with Ellis
suggestion. When seen Attorney Gen
eral Ellis refused to talk further than
to say that llealy's affidavit speaks for
itself. and that the latter's latest story
is absolutely false.
Fred A. Baker, the principal attor-
ney for the members of the board of
state canvassers in their efforts To avoid
removal by the governor on the latter's
charge Of gross neglect of duty. says
that the proceedings before the execu-
tive were mere formality, and
that there was no doubt he would
order their removal and appoint
their successors. The next step.
Baker said, will be the institution
of either quo warranto or mandamus
proceedings by the appointees to test
their right to several offices, and il is
simply as preparation for the contest
in the supreme court that the record be-
fore the governor is being made Baker
as we'll as his clients are confident the
court will sustain their position and
rule against the governors right TO re-
move.
~-------------------
Father Kolasinski Apologies.