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State of New York in the presentation and prosecution of charges of larceny made by Thomas B. Donaldson, Insurance Commissioner of the State of Pennsylvania, against George F. Montgomery.

Very truly yours,

(Signed) ALFRED E. SMITH. NOTE.— The Governor's order designating the Attorney-General to supersede the district attorney of New York county is contained in section VII of Public Papers of 1920.

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IX REMOVAL PROCEEDINGS AND INVESTIGATIONS

Charges against Frank L. Nolton, Sheriff of Steuben County

STATE OF NEW YORK — EXECUTIVE CHAMBER In the Matter of Charges against Frank L. Nolton, Sheriff of

Steuben County, New York

NOTICE AND SUMMONS
To Frank L. Nolton, Sheriff of the County of Steuben:

You are hereby notified that charges have been preferred against you and that your removal from the office of Sheriff of the County of Steuben thereon has been asked by Walter A. Smith.

A copy of said charges is herewith served upon you.

I hereby fix the third day of March, 1920, at noon, as the date on or before which your answer to said charges shall be filed with me at the Executive Chamber, Capitol Building, in the City of Albany; and you are further notified that on said third day of March, 1920, or on such later day or days as may be appointed by me, you will be afforded an opportunity of being heard in your defense.

IN WITNESS WHEREOF, I have hereunto set my hand and

affixed the Privy Seal of the State at the Capitol in the (L. s.] City of Albany, this eighteenth day of February, in the year of our Lord one thousand nine hundred and twenty.

(Signed) ALFRED E. SMITH. By the Governor : GEORGE R. Van Namee,

Secretary to the Govenor.

Appointment of John J. Irving as Commissioner to investigate charges

against Frank L. Nolton, Sheriff of Steuben County

STATE OF New YORK — EXECUTIVE CHAMBER Charges having been filed with me on the sixth day of February, 1920, by Walter A. Smith, against Frank L. Nolton, Sheriff of the County of Steuben, with a petition that he be removed from his office as Sheriff of the County of Steuben, and a copy thereof having been served on said Frank L. Nolton, who has filed an answer to said charges.

Now, THEREFORE, Pursuant to the statute in such case made and provided, I do hereby appoint

John J. IRVING, of Binghamton, N. Y., a commissioner to examine the witnesses and take evidence as to the truth of said charges, and I do hereby direct said Commissioner to report to me the said evidence and his findings of the material facts deemed by him to be established in connection with said charges, together with his conclusions thereon.

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GIVEN under my hand and the Privy Seal of the State at

the Capitol in the City of Albany this fourth day of [L. s.] March, in the year of our Lord one thousand nine hundred and twenty.

(Signed) ALFRED E. SMITH. By the Governor: GEORGE R. VAN NAMEE,

Secretary to the Governor.

Report of John J. Irving as Commissioner to Investigate Charges

against Frank L. Nolton, Sheriff of Steuben County. In the Matter of Charges against Frank L. Nolton, Sheriff of Steuben

County REPORT OF John J. IRVING, Commssioner To his Excellency, Hon. ALFRED E. Smith, Governor of the State of New

York: On the fourth day of March, 1920, pursuant to the statute in such case made and provided, I was duly appointed by you a Commissioner to examine the witnesses, and take evidence, as to the truth of the charges preferred by Walter A. Smith against Frank L. Nolton, Sheriff of the County of Steuben, New York, and was directed to report to your Excellency the evidence and my findings with the material facts deemed by me to be established in connection with said charges, together with my conclusions thereon, my commission reading as follows:

“State of New York — EXECUTIVE CHAMBER Charges having been filed with me on the sixth day of February, 1920, by Walter A. Smith, against Frank L. Nolton, Sheriff of the County of Steuben, with a petition that he be removed from his office as Sheriff of the County of Steuben, and a copy thereof having been served on said Frank L. Nolton, who has filed an answer to said charges.

Now, THEREFORE, pursuant to the statute in such case made and provided, I do hereby appoint John J. Irving, of Binghamton, New York, a Commissioner to examine the witnesses and take evidence as to the truth of said charges; and I do hereby direct said Commissioner to report to me the said evidence and his findings of the material facts deemed by him to be established in connection with said charges, together with his conclusions thereon.

GIVEN under my hand and Privy Seal of the State, at the Capitol (L. s.) in the City of Albany, this Fourth day of March in the year of our Lord One Thousand Nine Hundred and Twenty.

ALFRED E. SMITH. By the Governor: GEORGE R. Van NAMEE,

Secretary to the Governor.Pursuant to the Commission committed to me I gave notice to the sheriff and arranged with him and his attorneys, together with the attorneys for Walter A. Smith, the complaining petitioner, for the taking of testimony in said matter.

A preliminary hearing was had at the City of Corning, N. Y., on the 20th day of April, 1920, and arrangements made at said hearing for taking evidence at the Village of Bath, the county seat of Steuben County, on the 23rd day of April, 1920.

On said 23rd day of April, 1920, the hearing was commenced, and I was attended upon the same by Walter A. Smith, the petitioner, in person, with his attorneys, J. O. Sebring, Esq., Thomas F. Rogers, Esq., and Virgil Tupper, Esq.; and the respondent, Frank L. Nolton, also appeared in person and by his attorneys, John W. Hollis, Esq., and Edwin S. Brown, Esq.

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