New-York tribune., 1902-03-09
DIXIE MAY OPEN OFFICE.
SAYS HE WILL NOT USE
FORCE AGAINST GUDEN.
rpacY ADVISES EX-SHERIFF TO HOLD
ON TO BOOKS. PAPERS AND REC
oRDS-THE DOORS UNMARRIED.


countv Colonel Norman S. Dixie who has been
ennointed Sheriff 10 succeed Charles Guden. re-
moved said last night that he would make no
nhvsical attempt 10 Gust Mr.. Guden, who, upon
advice from his counsel, General Benjamin F.
Tracy will retain the books. records and pa
pers Of the office, Mr.. Dixie received his COM
mission as Sheriff from the Governor last night
hut will not be in before tomorrow or
Tuesday. Tomorrow Colonel Dixie will meet
MI Guden, when, with their respective coun-
sells. they viii discuss the situation and try to
come 10 some amicabIe understanding.
General Tracy has advised Mr.. Guden that
there are two courses of action open to him.
He can apply for writ of certiorari to review
the Governors action, he can wait and let
Colonel Dixie apply for a writ of mandamus
compelling the delivery Of the office to him
Colonel Dixie has received a letter from General
Tracy in which the latter says that he has ad-
vised Mr.. Guden that the Governor has no
power under the constitution to remove him.
It is evident that General Tracy wants TO
throw the settlement Of the case into the courts
This Colonel Dixie does not want TO occur, for
obvious reasons. Should he get a writ of man.
damus TO compel Mr.. Guden to give up the Office
the question could be carried to the higher
courts, and ii would be several months before il
could be settled. This would, of course, be
detrimeHt and hindrance to public business.
From what Colonel Dixie said last night it is
not improbable that should Mr. Guden refuse to
give up the Office without legal action Mt. Dixie
will establish himself in some other part of the
Courthouse and assume the duties and functions
as the Sheriff of Kings County under the war
rant issued TO him by Governor Odell. At all
events Colonel Dixie is not worrying over the
situation, and he says that he does not intend to
map out any course of action until after he has
had a conference with Mr.. Guden tomorrow.
Il don't believe that General Tracy. as repre-
senting Mr.. Guden, will make any move that
may bring discredit upon Governor Odell or the
Republican party he said, 'or that will inter
fere with dignifed and satisfactory solution
OF the controversy. I expect to meet Mr..
Gudens representatives on Monday. I will be
represented by counsel, will Mr.. Guden. and
the whole situation will be gone over thor
oughly."
Colonel Dixie added that he had a long con-
ference with Lieutenant Governor Woodruff
yesterday afternoon regarding the Sheriff's Of
fee, and that il was decided not TO proceed with
undue haste.
MAY OPEN ANOTHER OFFICE.
LAS a lawyer" he said "I think that the de-
cision of Governor Odell is a strong one-clear,
forcible and convincing. 1 do not believe that
any court has the jurisdiction TO review the
decision act on it in any way whatsoever.
I suppose L might begin certiorari proceedings,
ut do not expect to. If it becomes necessary
1 shall simply go into the courthouse and es-
tablish myself in Office which will be the
Sheriff's office"
Colonel Dixie said that Governor Odeu had
left him absolutely free as TO the conduct of
the office, and that it would be his policy to
surround himself with men Of high character
and ability. There would be some removals
he said. but he expected to retain all Of the
staff who seemed fitted for the positions they
held. 1t is hardly likely that Under SheriH
William H. Sandford will be retained.
Colonel Dixie received his commission as Sher-
If at o'clock yesterday afternoon. The letter
that ne received from General Tracy is fol-
lows:
I have observed in the public press that the Gov
Charles CIuden from the once Of Sheriff Of fhe
County OF Kings, and has named you as his sue
As counsel for Mr. Guden, have advised him
tAst the Governor has no power under the Consti-
ONCE upon the charges recently preferred against
His Excelency the Governor. stili Sheriff of the
County OF Kings, bound to discharge its duties and
TO retain possession Of its books. papers and rec
.,dsI am aware that TINS raises grave constitu-
the courts Of the State 1 sure that you equally
contest oTer thl oee To 20 t syod sn5 any a gRseey
gested 10 Mr.. Guden that ne facilitate any appca-
records.
Colonel Dixie said that he had no comment to
make on the letter. In an interview General
Tracy elaborated somewhat on his conviction
that the Governor had right to remove the
Sheriff. The Governor" said General Tracy
bases his action upon the alleged misfeasance
or neglect Of duty in office os Mr.. Guden, but
there were no such charges filed against the
Sheriff. The Governor does not find these al
legged charges sustained. but recites that for the
good Of thes people he removes the man elected
by them from the office Of Sheriff.
He was not justified in what he did. It is not
constitutional TO force a man out Of his office
tered that office Under the circumstances I
believe that the exercise of force on Mr.. Ciuden's
part is justihable.
Mr. Guden arrived al his office in the court
house earlier than usual yesterday morning,
where he found his trusty guard still on duty
When the doors had been opened to let him in,
they were locked and barred again, and no one
except attaches of the office were permitted in
side until 10 o'clock It was evident that Mr.
Guden was stin somewhat confused TO what
was his proper course to pursue
THE DOORS OPENED,
II was not until after he had been told in vigor-
ous language by Jere Weinberg, whom he has re-
tained as junior counsel TO General Tracy. that
ne acting in a foolish and unnecessary man.
ned that the doors were opened and persons al
lowed 10 go inside to transact their business.
The Sheriffs office has usually been opened at
3 o'clock, and after that hour yesterday half
dozen or more lawyers clerks and others de-
manded admission for the transaction Of their
business In each case the door, which was
kept from being forced entirely open by a large
chain, opened just enough TO allow some
Of the Sherff's clerks TO inquire TO the busi-
ness Of the visitor. Some Of them wanted exc
cutlons, and others had business or another
nature 10 transact They were left TO cool their
"a - ~ n A