New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-29
SHERIFF BECK REMOVED.
HIS CONDUCT AT THE NOVEMBER BUF-
FAIo ELECTION THE CAUSE.

GOVERNOR FLOWER THINKS HIS FAILURE ~
DO HIS FULL DUTY AT THE POLLS Is
CLEARLY PROVEN BY THE EvI-
DENcE ADDUCED.
Albany. May Ex-Governor Flower late this
afternoon issued a proclamation or order remov-
ing August Beck from the office Of Sheriff OF
Erie County. This action is a result or the
charges preferred against the Sheriff last fali'
The Governors official order reads as follows:
Charges OF misconduct in Office having been here
tofore formally presented to me against August
Beck, Sheriff OF Erie County, and copy OF the
said charges having been served upon the said
Beck and an opportunity having been given MN
to be heard In his defence, and ne having fed an
answer denying the charges alleged and an order
having been made by appointing Hon. Henry
W. Bentley. Of the village Of Boonvilie. IN the
county Of Oneida. commissioner to take the testi-
mony and the examination OF witnesses as to the
truth OF said charges and 10 report the same 10 me-
and also the material facts which he deemed 10 De
established by the evidence; and the said commis-
sioner having heard all the testimony in support OF
such charges and In refutation thereof, and having
reported the same to me, together with state
rnent OF the material facts which he deems to have
been established by the evidence; and 1t appearing
to me after a careful examination OF the same that
certain Of said charges are true and that the said
Beck did not perform his full duty in the preserVa-
ton or Orler at the polls anu tNS
the law on the 7th day of November last 1t Is
therefore
ordered That the said August Beck be and he
hereby is removed from the said office Of Sheriff
of the county OF Erie.
The Governor accompanies his order with the
following opinion embodylng his findings In the
case:
The commissioner appointed to take the testi-
mony In this reports in his findings OF the
material facts and established by the evidence ha
while the conduct Of the Sheriff was subject 10
criticism 1t fell short OF criminal neglect ana wtuI
disregard OF duty imputed to him in certain OF the
charges This finding seems TO be warranted by
the testimony, and while decision OF the case
based solely on the proof adduced to show wllui
misconduct would probably justify dismissal OF
the charges the action OF the Executive is gov
erned by no narrow legal rules and 1t Is for him
TO determine whether even IN me absence o. P'cSa
that the misconduct deliberate and wiltuL the
Sheriff does not deserve removal for MS faure 10
do his full duty In preserving orler al the Pos anu
IN securing compete enforcement OF NV NV IL. rs
rnony and for his sins OF omission II not ior MS
sins Of commission, It seems 70 me tnat the puDIc
I am the less inclined to be lenent in this
for the reason that the charges involve the matter
fbe cIect,on laws. on the day before the general
election in November last issued a proclamation
10 the fair name Of our State that the expression
OF popular Judgment at the polls shall be a6so-
port1nt to our state than he OF any party
is that jhls success should be the free and uncor-
called upon all electon officers all district-at-
torneys. all sherins and all peace officers 70 see
that the laws are rgidly Obeyet. TO the end that
good order may prevail at the polls apd the the right OF
warning "tnat all failures the part Of such pub
lie officers TO discharge their full duiy In the com,
pete enforcement Of the laws should be considered
sufficient cause for their removal.
That proclamation was published throughout the
rigorous discharge OF their duty
sponse OF complaining cirlzens OF Erie County TO
the warning of that proclamation. Tney present the
only OF charges hled with me against public
dence shows plainly that Beck did discharge his
''fu duty in tho complete enforcement of the laws
and. having chosen to ignore the official warning OF
the Executive. he must suffer the penalty by re-
T5 his lack of alertness and to his misconduct
whether wilful or not-were due large part or the
and deputy sherlns joined win them IN partisan
work. II his duty To see that the men sworn
tho Office and connived at violations OF law, he was
OF these charges would he to encourage similar
reprehenslbe practices In the future and break down
pete enforcement OF law.
While am glad to admit that the testimony does
the accused. and affords some justification FOR such
mistakes as were made. do not think he showed
his Office or yigor and watcnfulness in the dis
charge Of his duties. His removal will be a lesson
impunity shirk the responsibility for plain and ser
Gus violations Of law by shifting the blame upon
subordlnates by failing TO take such precautions
against lawbreakng as stern sense OF Official pro-
priety and duty would dictate.
The charges against Sheriff Beck were pre-
ferred by Thomas HodgsOn, wealthy coal man +;
George u. Sawyer. lumber dealer. and W. 9.
Jacus. Of the Board OF Trade. IL was alleged
that the Sheriff had allowed the under sheriff
to swear in great many deputies who worked
FOR the Democratic ticket in the First Ward and
interfered with the rights Of voters that he had
not filed a statement OF their names with the
County Clerk. and that the deputies had violated
the law and wrongfuly exercised the privileges
Of their office with his knowledge. 1t was fur
ther charged that the Sheriff himself had been
derclict In his duty In the matter Of arresting
James Kennedy, the Democratic leader In the
ward for whom n warrant had been issued by
Judge Hatch. The warrant was given 10 the
Sheriff at noon election day. and he was IN
structed by the court to take Kennedy into GUS
todv nt once for violation Of the election laws.
Kennedy was not arrested until after the polls
had closed although II is alleged that the Sheriff
knew perfectly well where he could be found.
The evidence was presented 10 Commissioner
Bentley by Sherman :. Rogers and Franklin
u. Locke
Beck was the first Democrat TO be elected
Sheriff Of Erie County in twenty years.