New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-03-08
GUDEN REMOVED, WILL FIGHT.
RETAINS GENERAL TRACY TO CONTEST ODELLS ACTION
ON CONSTITUTIONAL GROUNDS
THE NEW SHERIFF7OF KINGS
GUDEN OUSTED. AND N s Dixie AP-
POINTED TO THE OFFICE.
LEY rELraRArH 70 TIE rR1prNr. !

[BT TELEGRAPH TO IHE TRIBUNE.I
Albany, March ,7.-Governor Oden walked out
into the Executive Chamber ar the Capitol early
this afternoon, and said to q group of news
paper correspondents;
have removed Sheriff Guden of Kings
County. and appointed Norman :. Dixie
hts successor.
The expected had happened. No one who OBJ
served closely Governor OdeTI while the various
witnesses were testifying in regard to the
charges made against Sheriff Guden of mall
feasance in Office could have much doubt that
the Sheriff would be removed Mr. Guden could
only be removed. however, for legal reasons.
These the Governor believed he had abundantly
found when he carefully read over the type
written copy Of the evidence taken at the time
the investigation made. Moreover, upon in
ouiry concerning the precedents in such cases.
covering a period reaching far back as 1923,
the Governor learned, in his judgment, that he
had ample authority TO make ths removal
In his formal decision upon the charges, the
Governor sums up his conclusion as follows:
ind from the testimony given before
that Charles Guden, while candidate for
the Office ne holds, made a corrupt prom
ise TO and agreement with Bert Heiss TO
appoint him counsel TO the Sheriff In con-
alteration of his activity and influence I'm
securing influence and votes for that office
in the election of 1901.
The Governor adds:
In addition to this by Section / Of Article XIII
IF the Constitution. all executive officers are
required TO take an oath OF ONCE: and among
other things they swear And / do further
solernnly swear Tor afirInl that have not di-
rectly indirectly paid. offered. or promised TO
pay, contributed, offered or promised 70 con
tribute any money or other valuable thlng az
e consideration or reward for the giving or WIFI
holding a vote at the election at which L was
elected to said office, and have not made any
promise to influence the giving or the WIN
of aY7U
This oath was taken by Mr. Guden before he
entered upon the duties of his office
ft ts clearly my duty to take cognizance Of
offences grave committed in securing the
very office which he holds. including the
taking of a false oath. for find. nlso. thnt
In taking this oath of Office. after his agree
with Reiss. Guden was guilty of maxi
ing false oath.
This act Of taking the oath cannot fairly he
said to be act independent Of his present
official life. for this oath constituted the very
initial act of taking Office, the act without Wnlch
he could not have assumed the duties Of the
Office.
surely when I find the door to this office
SO ieaIousIy guarded by the law in order 10
prevent the intrusion of unfitness. opened
by perjury. il is my duty to arrafsn the IN
fruder uDOn the threshold. aud to declare
tbaf NV his unlawful net in taking office. nS
wei as by his crime in securing 1T. he has
disqualified himself from holding it,
The Governor holds that The testimony failed
10 establish the existence of any agreement by
Sheriff Guden with Michael J. Dady that part
Of his perquisites as Sheriff should be given to
Dady and that the testimony also failed to
establish any corrupt bargain with either Wal
ter B Atterbury Jacob Worth.
Governor OdeH said he had delayed making
his decision known upon the charges against
Mr.. Guden because he desired to learn abso-
lutely legal authority to make the removal.
Then he added:
have appointed Mr. Dixie as Sheriff because
believe he will efficiently perform the duties
If the office He was here to-day, and l had a
talk with him after had handed TO MIN MS
commission as Sheriff l told him that he was
10 conduct the Office Of Sheriff as he would
business Office, and that such of his employees
IS would not ala him 10 make 1t business
Office ought TO be dismissed ana that ne vas was
going To take possession OF the once OF c,. III
as the representative solely Of Kings county.
] have received letters commencing Mr. Dlhe
from many citizens of Kings County
contrary to 2 somewhat common impression,
Mr. Dixie was nv own selection for the oflce OF
Sheriff have known him for sever seNelal 80 W. ~
] sppointed him a member OF the Board or Man
ayers Of the State hospital for those tlFsa.e
with consumption. am glad mar ne Is 50 80
highly regarded IN Brooklyn Letters IN ms
favor have come from both organization ana
anti-organization Republicans MT Guoen re- re-
rnoval took place at once ano MI Dlh7 II "O"
Sheriff Of Kings County
4 little later the order Of removal was made
public Il is signed by Governor Odel. ana
reads as follows.
Charges Of nnalfeasance. misfeasance and neg,
lect Of duty in Office having been preferred
against Charles Guden. the Sherin or the county
~ Kings bv Thomas o Piper and another OF
eaid county and a copy OF such charges having
been served upon him and an opportunity given
tiro ia make a defence thereto and he having
thereafter been heard before me at the EXecu-
tive Chamber in the city OF Albany in person
and BY counsel, and the witnesses produced by
him having been duly examined; now therefore
II appearing TO my satisfaction that the usetui-
ness Of the said Charles Guden In the once OF
Sheriff Of the county Of Kings is at an end, "
is hereby
Ordered, That the said Charles Guden be, ana
he hereby IS removed from the office OF Sherin
of the county CT Kings.