New-York tribune., 1902-03-16
GEN. TRACY ILLIN COURT
FORCED TO LEAVE ROOM AZ
TER ARGUING FOR GUDEM
HYPoDERNIC INJECTIONS GIVE HIM
STRENGTH TO COME FROM BROOK
LYN TO THE WALDORF.

General benjamin F. Tracy, while conducting
the legal fight Charles Guden is waging to
retain the position OF Sheriff of Kings County
from which he has been removed by Governor
Odell, became i'll IN the Supreme Court IN Brook
lyn yesterday and was obliged 10 leave the room
before HIS opponent, Judge @. d. b. Hasbrouck
Of the State Court of Claims. had finished his
argument His Illness was caused by an acute
attack Of indigestion, and severe that
hypoderrnic injections of stimulant We're ad-
1ninistered TO give him sufficient strength to
reach the waldorf-Astoria. where he is stay
ing. IN carriage.
General Tracy was apparently suffering great
pain while delivering his argument before Jus
tive Gaynor. Great beads OF perspiration rolled
from his forehead, and at short intervals he
placed his hands over his abdomen, If to allie
Uiate the pain. After unbottoning his waistcoat
he finished his argument and down at the
table while Judge Hasbrouck arose TO address
the court. General Tracy was anxious TO hear
his opponents argument. to which he took
number OF exceptions. Judge Hasbrouck had
not progressed far, however, before It ap-
parent that General Tracy would be compelled
10 retire Several Of his assistants led him into
Justice Gaynor's private room. and DR.. L. Grant
Baldwin. Of No. 2S Schermerhorn-st., was called.
When General Tracy had recovered somewhat
he requested that he be taken to hts hotel where
he could receive the attention of his physi-
clan John B. Byrne, chief clerk of the court,
entered the carriage with General Tracy and
accompanied him TO the Waldorf. Justice Gay
nor interrupted the proceedings when General
Tracy became I'll, and went into his private
bflce 10 offer assistance.
The arguments before Justice Gaynor were on
the order obtained by Mr.. Guden compelling
Sheriff Norman S. Dixie to turn over TO him all
OF the books and papers Of the Sherif's Office
Jerry A Weinberg finished Guden's side Of the
ease after General Tracy had left the building.
Incorporation Counsel Joseph A. Burr was
present 10 represent Sheriff Dixie in the habeas
corpus proceedings Of David E. Goldfarb and
Jacob W. Falk. Mr.. Weinberg was present in
behalf Of Mr.. Goldfarb and Charles II. Hyde on
behalf OF Mr.. Falk. AS all of the points bearing
On the legal rights of Mr.. Dixie or Mr.. Guden TO
act as Sheriff were fully covered in the argu-
hnents Of General Tracy and Judge Hasbrouck
argument the habeas corpus proceedings was
omitted. and the lawyers were instructed to
hand up briefs in the cases on Monday. Briefs
will also be submitted Monday in the argu-
hnent on the order to show cause.
General Tracy's argument was, in part. fol-
lows:
SaeDe The question @ involves nothing less than this
he STATE are TTfs1 s,5 ntea 81 he re
hon or whether We are living under absolute
Every = oeT f @ sat f 6ods 9e oe not By
ne s WI VII e6 tae people o. fhis STATE Dut by the
needs argument from me that II all these great
lTe at the disposal Of a single officer, and that
review Of the judicial department OF this State, then
as PoMer o. Ine governor is as complete as any
dictatorship tHat ever existed in the world.
He declared that the Governor had no power
TO remove an officer for offences alleged 10 have
been committed before he took Office He said
that the people had the power to elect to office
any one they chose. and that the Governor had
no power TO review such an act Of the people,
nor TO say whether the choise was wise or un-
wise. He quoted the case of Lieutenant Colonel
Smith OF the list Regiment in upholding his
contention that Justice Gaynor had a right to
review the acts Of the Governor. in which case
the Court OF Appeals held that. while it could
not touch upon the acts of the Governor, it could
pass upon the validity Of his acts
Judge Hasbrouck. IN opening his argument,
expressed great surprise that General Tracy
showed SO little respect for the executive as TO
attach arbitrary powers 10 the Office Of Gov
ernor.
1T is vain inlaginings for General Tracy"
said Judge Hasbrouck, TO say that the
Governors removal OF the Sheriff in this
case was attempt TO go beyond his
constitutional powers. The Governor was
only exercising his political and executive func-
ton The charge To which the Governor first
paid his attention that Guden had entered
into a corrupt bargain with Bert Reiss. 1t was
is an axiom Of politics that crime against the
ballot is crime against the State. II is idle
TO say that Guden could not be removed for
an offence committed before his election and
for which he had never been found guilty by
any court.
''The Governor has found that Guden was
guilty Of bribery, and that he had taken a
false oath Of Office n regard to his fitness; that
he was unfit to hold the Office to which he was
elected Upon these charges Guden was re-
moved, and by these charges alone we stand"
He asked by Justice Gaynor IL the Gov
ernor had power TO remove an officer on charges
Of offence committed prior to his election,
whether the Governor who was a Prohibitionist
eould not remove q man because he kept q
saloon before his election.
Il do not wish TO intimate that the Governor
hasn't the power 10 remove official for an act
committed prior TO his election said the JUS
tice. but that is the main point. II he has
that power IL must be unlimited power
Yesterday Mr. Falk, who had secured habeas
corpus proceedings for his release from the
custody Of Sheriff Dixie, was arrested by Mr..
Guden. purporting 70 be Sheriff. On Monday
Falk viii get writ Of habeas corpus against
Sheriff Guden. and the argument the case
will then be similar 10 that in the Goldfarb case
When inquiry was made concerning General
fracy's condition at the Waldorf last night a
eard was sent down from his apartment saying
hat he was resting comfortably"