Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-10

tho rear of Berry Bros stable. has
developed a we'll defined case OF
smallpox. and / am credibly inform
cd that her son was in attendance on
the court nearly every day last week.
I have also quarantined the stevens
house.
] In this connection | wish to state
1 that the quarantine on the jail resi-
denee of Sheriff. Tolman will not be
| raised before Monday, April 18th, 1913,
believing that the good of the pubic
demands such action on my part.
j. w. WILDE,
See. Board of Health.
Subscribed and sworn to before me-
this eighth day of April, A. d., 1918.
FRANK b. MILLER,
Notary Public.
AUS RN IA N. l..
Augusta, Me, April 4. 1915.
Dr. ]. w. Wilde, "a
Health officer Rockland. Maine
March % Austin Titus Deputy Sheriff
Knox County went to the home OF Nin.
Brown N Appleton to serve two shcrlH
papers for attendance at supreme court
in Rockland His attention was called to
the smallpox tag on the house put ne
went into the kitchen and served the
papers then he went to the nome 81
Charles Towle where they have had
smallpox He took one of their children
IN his home in f Union He sent the
child to school in Union but the teacher
sent him home Austin Titus is now at
tending court in Rockland Better see
Judge Savage and probably arrest and
quarantine Mr.. Titus.
MR.. MAHER: Now. Mr.. Chairman and
Gentlemen of the Convention, as part
of this motion We have Incorporated that
affidavit.
Whereas, by virtue and pursuant to fhe
Constitution of the State of Maine there
has by joint resolution of the LeGisia-
ture been formulated certain charges
against Adelbert j. Tolman. sheriff OF
the county of Knox, in the State of
Maine, which charges are before the
aforesaid Legislature for consideration
in order that this honorable body may
determine whether or not to pass an adj
drcss recommending his removal from
office, and
Whereas, the said Adelbert j. Tolman
has been served with notice of the time
and place of the hearing thereon. in or
der that he may be admitted to be heard
in his own defense thereon, now through
counsel said Adelbert j. Tolman says:
First: He is DESTROYS of being heard in
his own behalf. pursuant to his rights
under the Constitution of the State Of
NJ aine.
Which constitutional guaranty in part
Is as follows:
Article IX. Section ) Every person
holding any civil office under this State.
may be removed by Impeachment for
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
Of the Legislature. But before such adj
lress shall pass either house the causes
IF removal shall be stated and entered
IN the journal of the house in which il
and a copy thereof served on
he person in Office, that he may be adj
nitted TO a hearing in his defence.
Article |. Section G. He shall
lot be compelled to furnish or give evil
lenee against himself. nor be deprived
u liio iilt. IiutllS, piVPtiiN Vi pin
put by Judgment of his peers or By the |
aw of the land.
Second: He is DESTROYS of being heard |
n his own benalf pursuant to his rights |
inder the Constitution of the United |
states. Article W. u
NO person shall be held to answer for |
| capital. or otherwise infamous crime.
lnless on presentation or indictment of |
/ grand jury. except in cases arising in |
he land or naval forces, or in the mill |
ia, when in actual service in time of |
war or public danger: nor shall any per-
son be subject for the same offence to
De twice put in jeopardy of life or limb. |
az nor shall be compelled in any crimi- |
nal case to be witness against himself. |
lor be deprived of life, liberty or prop |
,rty without due process of law; (b) |
Tor shall private property be taken for |
public use. without just compensation. " |
Third: That he is DESTROYS of being
heard in his own behalf pursuant to the
Rule Third of the Joint Convention,
which rule is as follows:
''Third-The petitioners may be heard
~ counsel and witnesses. State shall be
represented by the attorney general. and
assistants and the respondent by himself
md by counsel and witnesses"
Fourth: The said Adelbert J. Tolman
solely by reason of quarantine i'm
posed upon him by the duly authorized
md legal officers of the city of Roeklaal
S deprived of his liberty and ii is made
hereby impossible for him to appear be-
'ore the Legislative Convention on this
ninth day of April. \. d. 1913. as more
ully appears from an affidavit of the see
rotary of the Board of Health of the city
Of Rockland filed herewith aadNlnsde~ss.
part OF this petition.
Wherefore:
The said Adelbert j. Tolman through
counsel respectfully petitions and prays
this Honorable Convention that such
further and other time may be fixed for
a hearing upon the aforesaid charges as
VIII permit him to enjoy and exercise his
legal and constitutional rights of per-
sonal defence guaranteed by the Con-
stitution of the United States, State of
Maine, and Rule Third of this conven-
ton itself.
The said Adelbert ]. Tolman, through
counsel, protests against any proceed
ings of this convention affecting his
rights or privileges wnile he is unable