New-York tribune., 1902-03-23
DECISION NO SURPRISE.
JUDGE HASBROUCK HEARD RUMOR
THAT IT WOULD BE FOR
GUDEN HERE.

Kingston, n. Y, March % CSpeciaD.-Judge
G. D. B. HasbrOuck counsel for Sheriff Dixie
when asked for his opinion on the decision Of
Judge Gaynor by Tribune reporter tonight
said:
Il not at all surprised at the decision be-
cause a rumor was rife in New-York yesterday
that Judge Gaynor would decide in favor of
Charles Guden. Had it not been for such in
formation I would not have been without
prise. for thought it was clear from the argu-
ment made before the judge that the question
TO whether the courts would control the
Governor of a State in his political administra-
ton and executive functions The Tribune
printed in it's editorial columns Sunday last
that the people had placed in the executive the
responsibility for making removals of sheriffs
and district attorneys, and TO them re-
sponsible; that the Governor was no more likely
TO abuse this power placed with him by the
constitution than the the legis-
lature. That theory l presented to the court on
the argument, and II is my judgment that the
act Of the Governor should have been sustained.
L have not seen the reasons given by Justice
Gaynor for the conclusion reached. but was in
formed that he construed the constitution ac-
cor6ing to IT'S letter. and held that since it
speaks of charges against a sheriff. charges
against Charles Guden for things done like his
arrangement to make Bert Reiss his counsel.
flee. We're not such charges as are contemplated
by the constitution. That vas General Tracy's
argument. He contended that a sheriff could
not be removed by the Governor from office for
crimes committed or corrupt acts perpetrated
prior to the induction of the sheriff into office,
contending thus that the people had the right
to elect the most corrupt and unfit man to Of
fee and when it was discovered that such was
his character, there was no remedy. It Will be
har he before
which agitated the founders Of the government
NO power was given TO the President by the
constitution TO remove any officer. and prece-
dent was made by the House Of Congress by
a majority Of one vote resolution involving
that question. President James Madison was the
advocate Of the theory that the president pro-
fessed that power because he had the power OF
apl ointment. and since the early days OF the
last century such power Of the President has
NOT been questioned The States in adopting
constitutions modelled them upon that of the
federal constitution, and made in all or them a
similar division Of power between the several
departments of government.
In New-York the line was drawn as clearly as
in any of them. but not so particularly stated
as in the constitution Of the mass. II was
claimed on the part OF Sheriff Dixie that dlrec-
ton by the court to turn over the BOOKS ana
papers Of the Sheriff s Office would be Nlr-
tusl removal of him, and further an invasion
of the political rights and prerogatiVes or the
Governor OF course the making of this order
bv Justice CIaynor does not put Colonel Dixie
out of the Sheriff's Office. It will take the
Taners ont Of his hands. If he submits to il. II
he should say to whatever officer the court de-
livers the writ for execution, the court has no
power or authority 10 make such an order ana
I cannot comply with Il and must resist It.
Then If there should arise conflict among the
claimants of authority il might Of course, be
necessary to call out the mltla, IN Whch eNeI!s
the Governor would be placed in position. II
he rted the courts order, Of divesting his
own Office of the power.
| professor Dwight used TO teach his boys that
an element in the definition of law was its capa-
blity of enforcement. and the trouble with the
courts order is that it may ultimately be in
canal BILE of enforcement