Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-10
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branches constituting this convention
The SPEAKER: Does counsel wish
| recess for the purpose of entertaining
an appeal? The only way that an APP
peal could be entertained would be tt
modify the rules of procedure that have
been adopted.
The convention has heard the motion
of counsel representing the sheriff OF
Knox county, and the request made by
him that the convention take a recess
for the purpose of modifying the rules
' ado5tsd fofstfrs@ prce~edmgs or tns coif-
yention. in order that an appeal from
the ruling of the Chair may be enter
tanned under the rules. Does any mem
Der of the convention desire to make
motion.
In the absence of any motion the
Chair has no option but to proceed with
the hearing.
Mr.. MAIER: We Gle further mo-
ton. if it is in order.
In re proceedings against Adelbeu j.
Toman, sheriff of Knox county.
And now comes the said Adelbert. j..
Tolman, defendant in the above5e tiled
called upon to proceed with any defence
on his own behalf for tile following rea-
sons:
First: That the charges as are set
out in House Resolve Number 500 are
generally vague. indefinite. uncertain,
ambiguous and contradictory and to
which charges the defendant has sea-
sonably objected and asked for speci
fieations of said charges, which objec
tions were oyerruled, and from which
ruling The defendant was denied the
right of appeal.
Second; That the rules as adopted by
the Joint, converltieg of the 18th Maine
Legislature for the trial OF this action
trial and to which rules the defendant
has reasonable sbjeeffd5 Which objec-
tons were ovcrruled and from which
rulings the defendant was denied the
right of appeal
Third That there has been q COM
plete surrender, on the part of the men,
bers of the joint convention. To the pre-
siding officers of the said convention, of
powers which the said convention was
right TO, so surrender or dele
gate and to which the defendant has
ieasonably objected, which objections
we're overruled and from which ruling
he defendaHt was denied the right of
appeal.
Fourth: That the proceedings in this
lcti.ins hayNet been. ,arbitrary. summary,
md 'sefferhny uhfaif and partial in
hat the defendant has on many in |
stances been denied the right of ap
zeal, as is more specifically shown OH
he records of the convention
Fifth: That Section ). Article IN of
ne Constitution CT Maine which pro-
'ides as follows:
Every person holding any civil Of
ice anslcf CHS state may be removed
" Impeachment, for misdemeanor in
flee: and every person holding any
flee, may be removed by tie. Cover
or, Ettls tile advice Of the Council, on
ne address of both branches OF the
But before such address
hail pass either house. the causes of
amovstf shah be stated md entered
Il the Journal of the House in which
originated, and a copy thereof serv-
/ on aife person in office. that he may
e admitted to a hearing in his de-
enee"
oes not describe or set forth the of
snse upon which this action is based
hi that for the wont thereof this con-
ention is without jurisdiction to pro-
aed with trial of said action: and
lrther that the said convention has
OF caused 'ths causes of removal 70
sf& ffH nd nflf xaea 4
the House."
Sixth That for all of the above rea-
ons, specifically set FORTH. defendant
as been deprived Of a fair and impair
lal trial either by jury of his peers
r by the law of the land in accord
nee with the established principles
[ common law or in accordance with
he rights guaranteed to him, under
he Constitution of the State of Maine
nd TIE Constitution of the United
tates, and that therefore his rights as
forefiid Mlye bqh violated and that
e is liable TO be deprived of his rights
r privileges contrary to the provisions
{ the. said several CONSTITUTIONS
Wherefore the- defendant moves that
he proceedings under House Resolve
80. 565 be forthwith dismissed and
hat ny be not called upon to say oran-
wei further in his own behalf
ALBERT j. .TOLMAN,
by AZ. r. PAFTANGALL,
Il ! BlENfsDF,T +, MAHER, 1
FRANK b. MILLER.
The SPEAKER: The Secretary will
aake an entry that the motion is. de-
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