The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-06-21
CUDEs'S REMOVAL UPHELD.
,1iRT % tPrrtIS Nsru>S
G0p ODEfI'S tSrI0>.
II I-~lsrr. mat n Gss-snsr trtesi
nuhia ils rewess in s~v'.,, tag the
.a@rtf 81 I,ins. . saaiy an tho hsfsr-
~ubmutsdt To Iim and Ute Q tisarins.

~uhn1t'tFd' bHw ana tftrr usaftng
N.h,Nr June ~. The Co,r. - Ar
ga day afifm~i ~i'h cu-tz, the ordsr
ftHr Nru~llaie DIVISION in favor % Nor
..u s.. li,'. IA the -ui, brought by Charl-
I.t.a g., c mr'l ptk, 20 deliver 10 him tho
..., lrI pli-'r, b.lurg ~ u the ohic- q
-,T { kIugs county
T.. .,c-.ou q the Higir-, court uphoLl-
.,. ,si,u'- action - Co his authority
r,mu,ius Gu. cp frpm ,niN, r."
p.a. uy Guden was FROM an order -
.H- ApI.llat" Division. Scoui n-patt-
r.ut. reversing an or,er dirrcting DtAe to
ne If. the applican, d-~ir u. II brought up
. qlHr,Ipu Il whether IN. general
r,Nrr 10 remove officers "on charges
nrlus charge. Of -ome misconduct or
ursIr,t IN Office only The appellant
y.rterdrd that IL meant charges OF mis-
%.,utuc, IN oricc only. and was supported
n'hi- lew II the cass by Justicc Gaynor
M N. fr-t court Ia which he applied.
Charles Guden. elected Shruf On Nov.
8. 1901. entered upon his duties on Jan. /.
lyo,. Oh Jan. ~ charges against him
v,rr made to CIV. Oden and after "a
cam the Governor removed him from
N = on March I, appointing Norman =.
Iuk' - sucCrssor. OF the seven charg~
,rof.rr~i tn" Governor found Guden
guilty Il tut one. which Vas tha, In
o 'uhsr, 1901, h. agreed With Bert
is.ss - BROOKLYN that In r',urn
~ Ress's support In gaining his eloc-
i..n - ufice he woull appoint him
counsel to The sheriff The only cvi-
i.ror upon which this charg" wa hazel
va tie testimony 81 Rei-- himself.
,hom Guden r-fu-Ni a. appoint as COUNSEL.
danVlng hat he a made the prnmI-r
charged His attorneys alleged that Rels~s
large were based on mAievolence n
therefore, should not weigh against their
.i.u,'S denial
Inc decision Of tho Court Of Appeals
sustaining IN. Governor AMI Col. Dike
~a- unanimous The opinions accompany
iUg The decision were written 10y Chief
Judge Parker and Judge o'Brien In his
opinion Judge Parker said;
IN this country the power 81 removal l.
a. eIccu,ive power. and In this State II has
I~en vested IN the Governor by the peopl"
n does no, require argument TO persuade"
sIccutivs. not judicial. and tina, It was in
ended 10 be vested exclusively In the. Gov
r-., ,l In ri;d9 'Ss s sss fr interest IL N The
'or.sround. and provided . simple and
prnmpt method Of removal ~ county eNecu-
Tho constitution authorizes the. Governor
20 remove, as We have -e-n, After giving
:, such onicer . cory o. the ch,rfes a%sains,
IN his defence. and an examination of IA"
record disclose. that such r"quirements
%. tho Constitution were fully complied with
rhcrcfors We do not examine. into the
merits. for they do not concern the court.
asrtbSt Guden should be removed from
ne orice ~ sheriff and the spot ~ibllity
crror % the state. The order should BE-
affirmed. with costs.
Judge O'Brien in his concurrtng opinion
saws
In NV opinion the charges in ,hi, case
the Governor 20 remove the sheriff IT,
one - the chsrses presented 20 him aud
S,.,nGlee sss.i IA" The sh~rih ssbdlcs,ed IL.
powers and duties With RESPECT To the. az
poiu'msnt - hi-. . h"rdin st.s 10 ar IRE
sponsihle body ". men called a patroussr
committee TIA, Il 10 say. h" entered INTO
al agreement with thi. committee - mas"
5s;a sne d nrnnI and that .Hs a ii wa" Il for,r p~r.
sous We furnished To him nv this committee"
70 be. appointed ss his -uherdinsics and
snh.,.nc, - the, the sheriff f.rmri out.
10 al OUTSIDE. irresponsible political body
~" p~"r'orw.no"- "f duties which deVolv"d
II, Wa not necessary that tho order ~
r'woysI sho,1ld srn.In IN" parii.4i-r A.,
o'drr nrGr...riIy inclgdSs q; at; "nsTa'Sd
.r-' ~ the general verdict - . Jury includes
,I the facts comprrhrudri In the is-u" sub
r''-d. and N. validity OF the Judgment
.rtIrsfsd hv the order ~ removal = not
.T".'sd NV the circumstance that N" ENc,I-
rI,.. instead 81 spsyifytng the particular
o.. ~ misconduct II which tho Sheriff Wa
U4rced aud found guilty. expressed his
..4.oul In a milder form. namely. that u
trunsr.i 20 hts -stisfs,'ion th.t u" us"-
. f,r.. ~ Guisn IN thr oN'rr ~ ShoriF ~ ~"
ur'y l. - sn end and that he be- removed
rr'u the ufcr.
II Guden does not now vacaie tho littlo
rrrm I'm tho Court HOUSE, which j. part ~
'ir ~Narif'- ohioa. ShcriH Dixie will mai.
supIi'ation 10 the sinking Fund Commits
..ners 90 have him ou-t"i This, how
oyer Of, - thought. will not 10 necessary,
a. Gut.r must 10 convinced thar his ON
al CAREER. ~ FAR al least a. The Nhrievaltv
- kugS county In concerned, has been
wound up
D4drn j. still a delegate 20 the R"puh-
rtu ,,in'V Committee from Tho flr~t
\.-.wtIy district. ia which his sp"n-.r.
Cf NI.larI ! Dadv, Vs. 80 leader In
-'r'e II tho eNhihition he made OF HIM
..'' a. ~" hearing before tho Governor,
...I.r ~.rrn- - have s'trvrrlcf in !c'ain-
~ 'Nr confidence and Friendship ~ nnd',
a., Wa SOLELY rosI on~ihlr in the first place
lis nominal on. A. the Last meeting
'In County Committee they occupied
tI. .,rfug soa's on the 'FRONT.' henCh ant
t.t.i Iaru %onipu-ly on I'll ~" questions
Which came up ~ pady = ont Of town.
.- H..v- ON the action 80 tire court ~
iI-.tl- could up' hs learned