New-York tribune., 1902-03-26
ORDER SERVED ON Dixie
GAYNOR STAYS COMMITMENT TO JArr
PENDING APPEAL.
EXTRAORDINARY SESSION OF APPErIAr-
DIVISION ASKED FOR TO DETER
MINE THE QUESTION

MINE THE QUESTION.
Considerable progress made yesterday
toward a final determination by the Court 30
Appeals as TO whether Charles Guden elected
at the polls and removed by the Governor or
Colonel Norman 5. Dixie. appointed by the Gov
ernor 70 succeed Ciuden, is the legal Sheriff OF
Kings County. Justice GaynOr signed the order
directing Mr.. Dixie TO turn the books and papers
of the office over to Guden. and naming as
penalty for failure to obey commitment to tsu
Justice Gaynor himseIf however. at the end or
the order stayed the commitment pending a de-
cision in an appeal TO the Appellate Division OF
the Supreme Court.
The order was served on Mr.. Dixie and fifteen
minutes later Joseph \. Burr acting for Mr.
Dixie. filed the papers in the appeal with the
clerk of the Appellate Division Notice OF in
tention to appeal was filed previously with the
County Clerk. Presiding Justice Goodrich OF
, the Appellate Division, has been asked to call
an extraordinary session OF that tribunal for
next week in order that a solution Of the tangle
may be reached with all possible speed. The
court just at present is taking a recess and
under ordinary conditions would not sit again
until April IL Justice Goodrich will give
reply to the request to-day and there is little
doubt that it will be favorable.
As the case now stands there seem to be two
Sheriffs in Kings County. Colonel Dixie will re-
tain possession Of the jail. the Offices in the
courthouse and the books and papers. and will
transact whatever business is absolutely neces-
sary. Mr.. Guden who, according TO Justice
Gaynor's decision is Sheriff de facto, as well as
de jure may conduct the Sheriffs business any
where He said yesterday that for two days he
had been transaCting business as Sheriff in the
Office Of his lawyer, Jere A Weinberg, in the
ArbuckIe Building On Monday according TO
Mr. Cuden. his business amounted 20 $1,000 and
Yesterday TO 81. 600. He declared that he had
not made up his mind whether he would open
I'D more pretentious and accessible office or
not 1t is scarcely likely that he Will be any too
anxious to transact any more business than will
be necessary TO keep up the pretenslons, for II
the courts should declare his removal legal he
will be subject to suits for damages. as would
Colonel Dixie should the courts decide against
him.
1t is because of the great uncertainty as TO
who at present is the legal Sheriff and the
consequent confusion and inconvenience TO law
vars and citizens that extraordinary measures
will he taken 70 hurry the case through the
courts The appeal from the order Of Justice
Gaynor as filed yesterday afternoon IS signed
bv Norman s Dixie and @. D. B. Hashrouck as
counsel Il will take about a week 70 print the
papers in the case. and. If the Appellate d.
vision consents 70 = special session next "eeA'
the arguments Will probably De Hldqe on
Wednesday and decision rendered Wltnln Two
weeks after that time The case VIII lhen Dc
sent at once 10 the Court Of Appeals
Colonel Dixie was not in the Sherlu once
Yesterday morning He wanted 70 avoid ser
vice OF the order until he knew Just Wnat II con-
tanned Mr.. Wern berg followed Dy Ny GuuSA
and a crowd OF his friends went 10 the SherlH 5
office az noon serve the order on MI blAT-
The latter was not in, however, and MI GuI1h
did not have the pleasure OF seeing 'n- oIlSI AZ
served Under Sheriff Wingate looked over the
tents and then said that he would see tnat Mt
Dixie was on hand NJ 2.3o o'clock for service
Mr. Wingate at once communicates WIN nj
Dixie over the telephone. and the latter reached
his Office and duly served at the time aSreed
upon. -, - -.
day removed by Mr. Dixie from the Once OF
Sberifr-s auctioneer. II. P. Hendrtckson was ap-
! pointed in his place. William T. rae VINO. d-
the command OF the Republican Orga nlZatlon.
went into partnership with Mr- Worth IN the
auctioneer's business, is now in partnership Wltl
HendriCks0n and the name OF the HTIn IS F'de q
HendricksOn. Worth was appointed nuCu
against the wishes OF the ORGANIZATION. out
Ciuden insisted upon II IN order 10 k"ep q pIol-
lee mar he had made 70 Jacob Worth for the
Iatter's assistance at election time. The elder
Worth was formerly leader in the Repuoiic4h
party but has been cut Of tie organization I'r
HendriCkson lives i'm the Third Ward a part
of the Ist Assembly District. and Is a member
~ the Ist Assembly District Republican CIuo.
of which Michael ]. Dady is the head. and Guden
and Dixie are members HerdriCRson IS par
tiCular friend Of Mr. Dady-
AT a meeting Of the club on Monday nlsht, an
| effort was made to pass a resolution approving
! of the decision 81 Justice GayuOr IN the Iudeh
| case II was opposed and finally killed ~ the
/ executive committee