New-York tribune., 1902-03-08
THE REMOVAL OF GUDEN.

The removal of Sheriff Guden by Governor
Odell will cause some surprise, but general
satisfaction. AS to the mans despicable char
acter and his base conduct during the campaign
which resulted in his election there has been no
possibility of doubt since his own testimony
was delivered at the recent hearing It was
universally felt that he disgraced his Office that
his continuance in it would be menace to pub
lie safety, well as an affront, and that he
ought to be turned out forthwith if he could be
made to suffer that well merited fate without
doing violence to the constitution. AT the same
time there were some who had not been con-
vinced that the definite charges on which his
removal was sought had been proved, and who
questioned the right of the Governor. while not
6isputing his power TO dismiss the offender.
Such persons may still contend that safe in
depreciation of the constitutional warrant does
not give him quite so much liberty Of action
as Governor Odell believes the Executive to
possess and that a man should not be re-
moved from Office account Of things done or
qualities exhibited before he was installed.
Though the Governors reasoning on that point
and the authorities he cites will command re
spect everywhere. they will probably not be
accepted as conclusive by all who have consid-
cred the general question and this particular
proceeding with some degree of care.
But Lle governor does not rest DIS case alone
on that understanding of the intent of the con-
stituton. On the contrary, he is fortunately,
able to produce a reason for removing Guden
which we think must appear sufficient even
to the most cautious minds. The testimony,
direct and circumstantial fully convinces him
that Guden promised before the election to
make Reiss his counsel in return for Reisss
activity and influence in his campaign. Others
may not feel entirely satisfied that such an
agreement was actually entered into, but their
doubts do not morally or legally concern the
Governor. He is the sole judge Of the facts,
and he had ample means Of ascertaining the
truth. His own mind having been deliberately
made up in regard to that question, he was
under no constraint to let a different opinion
affect his action. Taking then, the next step, he
finds that, having made his promise to Reiss,
Guden became guilty of taking false oath Of
Office when he swore that he had made no
pledge of any sort or description as a consid-
GRAFTON for the giving or Withholding vote at
the election, and this weighty conclusion fol-
lows:
This act of taking the oath cannot fairly be
said to be act Independent Of his present off,
cial ife for this oath constituted the very ini-
tiaI act of taking office; the act without which
he could not have assumed the duties of the
office. Surely, when I find the door to this
Office, jealousy guarded by the law in order
TO prevent the In truSlOn OF unnLneSS, opened Dy
perjury, 1t is my duty to arraign the intruder
upon the threshold, and 20 declare that by his
unlawful act in taking Office, well by his
crime in securing it, he has disqualified himself
from holding it.
1t appears to us that the position thus taken
by Governor Odell is impregnable, and we be-
lieve that it will be so regarded by the public
In any case it is final. Guden is out, and, all
things considered, may account himself fortu-
nate if he is permitted to sink into the OBJ
security from which it was wretched political
blunder to raise him. The County of Kings,
and indeed the whole State is TO be congratu-
lated on the termination of his official career
before he had had an opportunity Sheriff to
exemplify the depravity to which he has con-
fessed, and we hope that the Republican or
ganization in Brooklyn has been sufficiently i'm
pressed with a sense of its responsibility in this
melancholy affair to set its house in order at
the earliest possible moment.
further and special cause for satisfaction
is found in the appointment of Mr.. Norman s.
Dixie as Guden's successor. He takes an office
which presumably he has never coveted, but
which he is thoroughly competent to administer
with credit to himself and advantage to the
| community.