The Detroit times., 1912-07-11
GOV. OSBORN HOLDS
SHIELDS is GUILTY
AND REMOVES HIM
Convicts Tax Commissioner of
Gross Neglect of Duty and
Corrupt Conduct
OFFICE is DECLARED
VACANT AT ONCE
Twenty-Eight Charges Against
0usted Official Are Declared
to Have Been Proven
From a Staft Corespondeno.

Commissioner Robert II. Shields has
been adjudged guilty Of the charges
preferred against him by Governor
Osborn, and the governor has declar-
. cd vacant the ONCE which Shields has
held for several years Governor Os-
born was the Judge and jury in the
proceedings against the accused state
oficial and practically every charge
included In the accusations were prov.
en-, according to the opinion rendered
by the chief executive today.
There were % charges preferred
against Shields by Governor Osborn.
He was accused OF failure TO properly
discharge the duties OF his Office by
not holding reviews according TO the
provisions OF the statute, non-attend-
anoe at meetings, failure TO assess
corporations at their actual cash
value and a number OF serious accuse.
tions were made. 1t Is the contention
OF the governor that all OF the charges
with the exception OF two were
proven.
One charge against Shields was that
ne had intimidated certain newspapers
by threats to increase the valuation OF
their property II they did not suppress
news or print It according TO his die
tates. Relative to this portion OF the
charges, Gov Osborn says In his opin-
Ion today: THAT In this connection
( you have been guilty OF improper con-
duct. though by reason OF the fact
that the witness called TO sustain the
charges was evidently an unwilling
witness and did not, in his sworn evil
dence, substaetiate fully the COM
4 plants which he had previously made,
the evidence Is not sufficiently clear
and convincing to base removal on
this charge; and for this reason 1t Is
not In itself made the basis for your
removal" Almost without exception
the governor holds that all OF the
other charges have been proven.
In reviewing the evidence the gov
ernor holds:
.'The evidence before me Indicates
that additional charges OF The same
4 nature as portion OF those set forth
and outlined might be made, which
could be substantiated by the proof.
The removal Is, however, for reasons
which have been specified in the pre-
ceding charges and for no other
reasons.
I'm consideration OF all the charges
have carefully considered and
weighed the evidence introduced and
have examined in detail such exhibits
as were produced and properly intro
cuced as evidence, taking care TO con-
slider only such evidence as In my
judgment would be considered com.
petent and material in judicial pro-
ceedings, and the findings heretofore
80 80 IL, NV,I1
and complete examination OF such evil
dence and exhibits and Of the respon.
dents answers upon full understand
ing OF the same.
Evidence of misconduct or gross
neglect OF misfeasance or malfeasance
during the previous term of office OF
Commissioner Shields and not during
the present term OF office has been
disregarded except so far as 1t tended
to establish defense to the charges
and except as bearing upon the knowl.
edge possessed by the respondent;
and the evidence relied upon or con
4 sidered as supporting the findings, has
been with reference TO the conduct or
failure TO act OF the respondent dur
ing the present term OF Office.
objection to the charges and pro-
ceedings has been made, based upon
the claimed defense that the charges
presented should have been made |
against the board rather than against
an Individual member thereof The
responsibility for the neglect and ON.
missions and violations Of statute |
flnd to be individual. II does not APP
pear that you ever protested against
any action or non actiOn Of the board
or Initiated any action on the part Of
such board which would prevent the
omissions or violations OF the statute
complained OF. II does appear. on the
contrary, that you are directly respon.
sible for those omissions aud viola
lions Of law.
The members of the board who
participated with you for q consider
able period in such statutory viola
tons have retired therefrom, and at
least one OF the present members has
not been a member of such board for
sufficient time TO become thoroughly
familiar with the work Since my
qualification as governor, 1t has beer
my attempt to secure more active
work and more faithful compliances
with the law. on the part Of the board
OF state tax commissioners and its sew
eral members ] have certainly urged
thU iNspOhuChI w Aift lllOlN NtHlc. w
the duties OF his office and TO see TO
II that the duties thereof were more
faithfully performed. With the end In
view OF securing betterment in tax
Ing conditions. caused one men,
Der to retire from such board and
repeatedly attempted through Mr..
Shields. TO require such board and it's
several members 10 perform the duties
which the law imposed upon It.
Il therefore. determined that you
have been guilty OF gross neglect of
duty and corrupt conduct, misfeasance
and malfeasance in office, such as TO
require and make imperative your re
moval therefrom. Therefore by virtue
OF the authority vested in me by the
constitution, I, Chase S. Osborn, gov.
ernor OF the state Of Michigan, do
hereby remove you, Robert II. Shields,
from your said office, as a member Of
the board OF state tax commissioners,
and hereby declare the said Office to
Re vacant"