New-York tribune., 1879-03-19
ABIGAIL VIEW OF THE REMOVAL.

a LLIIAl VIEW UT lIlIS hi@llOf an
WILLIAM A. BFACH DENIES THE GovERNoRS RIGHT
TO APPOINT NEW CLERK AS A SUCCESSOR OF
MR. GUMBLEToN-THE SEIZURE OF TIE OFFICE
AN INDICTABLE OFFEHCE.
William A. Beach, the senior counsel Of ex-
County Clerk GumbetOn expressed yesterday great in
dignation at the manner which possession OF the
office bad been gained by the newly appointed clerk.
The forcbe entry Of the Office was declared TO be an
outrage of and public morals and deserving popular
censue Mr. Beach denied the right of the Governor to
appoint clerk successor Of the one removed but
the right OF removal not disputed lie said that the
question would be- contested III the courts but only iu-
dicated the probable Of proceeding. This Orci
bic seizure OF the County Clerks Office said Mr. Beach,.
"was bold and Outra violation Of law aud public
proprety 1t unustihable grounds, and is an
indctabe offence Ii should excite the deepest popular
indgnatOn is contrary TO the spirit OF Republican
government and subversve OF its institutions why,
the next step may be the fOrcbe entrance OF private
bouse bv a person who may lay claim TO the title TO it
by apy form or manner Of deed he may eject the legal
owner and compel him aferward to prove in the courts
his right his property THIS act is no more than
the right of might. There are several courses OF pro-
c,dure open u.s. and the question OF title TO the office
will have to be settled by the courts OF law II may be
that we shall bring action for forclbe entry and de-
tanner Mr. Thompson and his friends actually burst
opep door in the comfy building to gain access TO the
rooms Of he County Clerk
f he had legal right to take possession OF the oico
there was legal 10 enforce that night without
resort 20 brute force. 1t was moreover slight to the
authority of the Governor Of the State thus TO assume
that Uls mandate would not be ObeyCd. But We deny,
in pont of fact the right Of the to appoint
sncccssor 20 the County Clerk who may be removed.
There appears be superficial contradiction between
tie statutes relating to this matter but the COnstitu-
ton Of the provides that IN case OF vacancy In
the Office duties shall be performed by the deputy
clerk until the eleruOn appointment OF sue
ces.or The statute declares that the Governor
nav appoint a fitting person TO take charge OF
the affairs of the Office until the election OF
a successor. In case OF vacancy special elec-
on sLould be ordered and the fitting person appointed
by the Governor should hold possession Of the Office
only until the election OF the new clerk. We maintain
therefore that the Governor right to appoint
new clerk as the successor OF the one removed The
right of removal by the Governor is not disputed
"There was some preparation made by us III antcipa-
ton OF hostile movement. OneOfthe means at our COM
maud was TO compel legal solution Of the title to the
oil by writ OF quo warrantO There were also other
means Of defence against hostile action when was an
tciuatcd but not wholly expected In any case now
ever the action OF Mr.. Thompson ana hs friends IN
taking IOrclUle possession Of the Oitce TO when he
claimed 10 nave a legal title by hS commission from the
Gnyprnor is utterly indcenslbe. The language OF the
statute regard 10 such entry B clear aud eApnclt III
j. .s fn,Inws: No entry snail he made into any lands
law and in case, only in peaceable mauncf not
Iyti sIr1,r hand nor with muffin OF people, The
nifty OF the Ofiece committed by the man VINO claims 10
be the Comfy Clerk The greater ms Mg TO the once
the more henOus his offence against the law
Ia regard to the TetegOn Of other Umrcrs against
whom similar charges made thrTc can nc III my
0tnlon only one cGpldItlpn. That ap0nucal bargain
Gas Deen made the cOndlt Ons OF winch they are To
retain their offices, seems beyond doubt What that
bargain NAV be do not know, but can guess from the
whispero Of compromise which have reached me re
ceuty"