Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-05


of the resolve, and communicated his
views to me, as he stated, in order tina
| might take such steps as L deemed
proper to procure specifications.
Now l think as n matter of fairness
and Justice. aside from the legal prop
osition, it will appeal to you and ap
peal to this joint convention that Tho
charges should be made as definite as
possible in order that they may be def
initely met: and as a legal matter l dc
not think there can be any question but
that in any court-and this body now
constitutes perhaps the highest court
that can assemble in the State OF Maine
any charges made against a man fol
misconduct mafcasanee or non-feasanct
in Office should be made definite.
If the President of the convention
feels that we should do it, and will
grant us a few moments TO do 50. we
will file in writing our suggestions in
that respect in order that they may go
upon the record. AT any rate, we do de-
sire entering upon the record ut this
time a formal protest ON the part OF
John w. Ballou. by his counsel, against
| proceeding i'll this hearing until def
| mite and specific charges are framed by
| tffS CoINtltioii III cid'I N'Ast' W '4'"S
! know what we have to meet.
| ATTORNEY GENERAL WILSON: ]
do not know, Mr. President. that this
| may require any special reply from the
attorney general 1t is obvious that this
| so-ealled court here is one of peculiar
character In the first place. it orig
mates the proceedings itself; and ii is.
of course, itself the judge of how formal
the causes shall be that it is required
by the Constitution to spread upon its
record.
Now in our mother state of MasSaehg
sets when they proceed against public
official to be removed by address. il is
not required that any causes Whatso=
ever shall be assigned or spread upon
the records of either House; and so far
as our reply to my Brother Pattangalfs
request is concerned. it was perfectly
apparent that the attorney general had
no authority to make any specifications
or changes In the resolve that had been
adopted by both branches of the Legis-
lature. So that, so far as counsel is con-
cerned, we do not feel that it is UP To
us to make suggestions in regard To the
request that counsel for the defence
makes at this time. | think that is en-
tirely matter within the control of the
two branches of the Legislature, as to
how far they feel il is necessary for
them to go in setting forth in particular
the specific breaches of his duty in Il
statute of this kind. II of course COW
ers acts by the sheriff of a general ma
tare, and as he is not charged here with
any specific act there cannot be any
one specific act which would be suffi-
cient.
The presidents: The request of
Mr.. Pattangall will be entered upon the
record The presiding officers feel that
the convention has no authority to
change the allegations in the resolve in
any respect.
Mr.. PATTANGALI.: Or Mr. President,
that the convention would be justified.
If not in amending the resolve, in hav-
ing specifications drawn TO which the
respondent-or perhaps not the respond
ent, but to which Mr.. Ballou would not
plead, but which would give full notice
of the specific charges To be met.
The PRESIDENT: The presiding of
iicers feel that the convention has no
authority To require that. but will state
that e in the course of the proceedings.
anything develops that is surprise To
counsel for the defence reasonable time
will be granted by the presiding officers
for them to prepare for such.
Mr.. PATTANGALL And the presid-
ing officers Will have put ON the record
the protest of counsel against proceed
ing under these conditions?
The PRESIDENT: Certainly
ATTORNEY GENERAL WILSON: If
understand, pleadings are now entered,
| and general denial may be entered
Mr.. PATTANGALL: general denial
may be entered
The PRESIDENT: Is the attorney
general now ready to proceed?
| MR.. PLGMMER: Mr. President and
gentlemen of this honorable court; the
| soiemnity Of this occasion where a man
of many years and many friends hold
| ing one of the most ancient and respon-
sible poseitions known to our jurispru-
dence is brught before this highest tri-
ounal OF our commonwealth to explain
to them, II you please why it has been
| thought necessary for them to bring him
| before them under II call if you please.
| which in effect charges negligence and
| failure to comply with the solemn oath
OF his office IS an occasion that must
| impress upon all, and its far-reaching
consequences musts impress all for
| submit We all understand that in a
measure the State of Maine is on trial.
II you please, before the public. as to
whether her officials shall be compelled
10 perform her mandates specifically and
| CLEARLY set forth in her public laws.
Briefly stated The complaint is that
John w. l3a.ion. who is now holding tht.
eihie Of sheriff for the county of Saga
| Cdhoc; ard who has held such office
| continuously since the first day of Jan
| Htfy. 4. b. 1919. wilfully or corruptIy
refuses or nsglects II perform the du-
ties required nf him as such sheriff By
section @ of chapter - OF the Revised
| Statutes of this State, as amended. etc.
| The proceeding which has resulted in his
appearance here is founded on section
five OF article nine OF the constitution Of
our State, which provides that Every
person holding any civil office under this
State may be removed by Impeachment
for misdemeanor in Office and every
person holding any office may be removed
by the Governor with the advice of the
Council, on the address of both branches
A