Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-05-20

seasonably objected as is shown here
tofore and as more specifically APP
pears on the record.
12) Because the House of Repre-
sentatives allowed members of the
said House to vote, in substance, up
on the guilt or innocence of the re-
lator when in fact, said members had
not been present during the taking of
all of the evidence either on behalf OF
the prosecution or on behalf of the re-
lator
Q3) Because the proceedings of the
joint convention of the members of
the 18th Maine Legislature We're not
conducted in accordance with the pro-
visions of Section ), Article TX of the
Constitution of Maine which provides
as follows:
Every person, holding any civil
office under this State, may be re-
moved by impeachment, for INSIDE
meanor 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 address shall pass
either house the causes of removal
shall be stated and entered on the
Journal of the house in which it
originated. and a copy thereof
served on the person in office, that
he may be admitted to hearing
in his defense"
| in that the notice or charges did no
| describe or set forth the effense upon
which this action was based and that
1 he han which lot oil 10
| for removal did not cause to be sta TED
the causes of removal and enter
| them on the journal. and in which pro.
eeeding the relator objected to the
jurisdiction of the joint convention as
/ viii more specifically appear on thI
records of said convention.
uD Because the presiding officers
overruled the objections of the relate,
! Directing to the jurisdiction of the
joint convention as stated in the 1871
assignment of error and from which
ruling the relator was denied the right
to appeal to the joint convention
05) Because all the proceedings
of the said joint convention of ths
members of the 18th Maine Legislature
i were illegal. unfair and arbitrary and
the relator has been greatly preiudiced
and damnified; has been deprived a
valuable rights and privileges without
due process of law and in violation OF
the rights guaranteed to him under
the Constitution of the State of Maine
and the Constitution of the United
States.
Q6) Because certain legal and add
missable evidence was offered bV the
leiator in his behalf and which evil
os nee was excluded by the presiding
officers of the joint convention and
to which ruling the relator objected
as will more specifically appear. in all
Of the stenographic records of said
hearing before said joint convention
I'D Because certain Illegal and
inadmissihle evidence was offered by
the prosecution against his interests
and which evidence was admitted by
the presiding officers of The joint con-
Vention, and To which admissions the
relater objected, as will more spe-
officially appear in all of the steno-
graphic records of said hearing be-
fore said joint convention.
lS) because the members con-
shutting the Seventy Maine
Legislature sitting IN joint convention
were without right or jurisdiction to
consider, hear and pass upon the
charges against the relator as set
forth in House Document No. 665 or
To address the Governor of Maine to
remove the relator from his office as
sheriff of the county of Cumberland
at the time and in the manner said
address was found or to attempt to
U9). Because the provisions of the
Constitution of Maine relating to the
removal of officials by address never
contemplated the removal of an Off
Ger for official misconduct.
COZ Because the penalty of re-
moval from office was entirely out of
proportion to any offense committed
CID Because the members of this
honorable Senate and the members
of the House of Representatives, act
ing in joint convention or sitting in
separate session, never voted as to
whether or not the charges against
the relator, the said Lewis w. Moul-
ton, had been sustained prior to or
before the adoption of the address 20
the Governor of the State of Maine,
IN hhN iNlipNoi III lHt ltItttoi ftilu Ill
fact never did so vote at any time.
t22) BY reason of all the forego-
ing causes of error more specifically
set forth and by reason of the infor-
nation herein contained, justice has
not been done in the premises.
Whereupon the said attorney gem
eral prays the consideration of this
honorable court in the premises ard
that due process of law may be
awaI ded against the said Everett c..
Scully in his behalf, tn make him an
SWer to the United States and show
by what warrant he claims to have.
use and enjoy his said office as afore-
said, and that his title right and pow
ers To his office as aforesaid be con-
sidered by the court and thSt they
either be confirmed if VALID, or a
Judgment of this court may be rem
dered against the said Everett c.
scully directing him not in any man.
ner to intermeddle or concern himself
in and about the holding of or exer-
eising his said Office or to intermeddle
or concern himself in and with the
rights, powers and duties in any way
belonging to, in whole or in part, the
said Office of the sheriff for the county
of Cumberland as aforesaid. and for