New-York tribune., 1902-03-11
Dixie WILL ACT SUDDENLY.
SAYS HE WANTS TO REACH THE END
BY THE SHORTEST ROUTE.

GUDEN DECLARES HE wILAI CONTINUE TO
HOLD OFFICE AND PECORDs-wooD-
RUFF SAYS TROUBLE IS SETTLED
The Tribune received dispatch from Albany
last night saying that Lieutenant Governor
Woodruff had said yesterday that he had had
talk with Colonel Dixie over the telephone and
Colonel Dixie had said that he would be sworn
in and file his bond Sheriff Of Kings County
to-day. Colonel Dixie had further told Mr..
Woodruff that Guden had consented to surren-
der the Sherff's office in Brooklyn, only making
sufficient protest against his ejectment to estab-
lsh his legal rights. Mr. Woodruff also said
that Michael J. Dady had decided TO resign as
chairman of the Kings County executive COM
mitee and probably would be succeeded by As
semblyman Morgan. Colonel Willis L. Ogden or
Thomas H. Wagstaff.
When Mr.. Guden asked last night about
this dispatch he said that as far as he was
concerned Mr. Woodruff was not authorized to
make any such statement He was holding the
Sheriff's Office with the books and records, by
the advice of his counsel. General Tracy. and
he would continue 10 hold it. He added that he
did not see Colonel Dixie yesterday and knew
nothing of his plans
Colonel Dixie has made UP his mind about
what he is going to do in the Kings County
Sheriff affair but when he was seen last night
at his home he would not indicate what his
course would be From significant sentence,
however. It is evident that he has intention
of waiting TIL Guden gets ready to relinquish
the office. My mind once clear the point OF
authority" he said, "I shall have more dlly-
dallying but shall act suddenly and sharply.
want to get at the end Of this affair by the
shortest route, and there will be time vast
ed"
Mr.. Dixie reached his determination last night
after day spent in consultation with his law
yers and others In the morning he had a long
distance telephone talk with Attorney General
Davies Last night he called up Albany again
and talked for an hour with Lieutenant-Gov-
ernor Woodruff Assemblyman Morgan and some
Of the other Kings County politicians He had
no conference with the other side yesterday. He
would not say when he would answer General
Tracy's letter. but the inference that he
would do at and would state his posi-
ton and issue ultmatum It would seem
that Mr.. Guden will now have the alternative
of retiring gracefully or being put out. When
Mr Dixie was asked If the militia would be
called out to remove Mr. Guden in the lat
ter refused to give in, he laughed heartily. II
hardly think that will be necessary" he said.
According to County Clerk Hartzheim there
was no Sheriff In Kings County yesterday and
Colonel Dixie agreed in this view. Il notice"
he said last night, that the county has been
without a Sheriff to-day. 1t IS true that the
under sheriff is 70 act under the law, but as Mr..
Guden holds that he is the Sheriff l suppose
that whatever virtue would lie in that provision
Of the law is In this instance lost. 1t is hardly
likely that Mr. Sandford would make a demand
for the keys Of the office, that It is true prsc-
tcally that the county is without a Sheriff.
I have been careful from the outset 10 do
nothing which would compcate legal action
with which the Sheriff would have to deal II.
for instance. I had been sworn in on Saturday
there might have been division Of opinion as
10 authority. and would have
recognized one man and some persons another.
To-day is the first time l have had a chance 10
turn around. My appointment came so late on
Friday, and my commission so late on Saturday
that ] had no time TO act have felt that
should be certain Of my ground before I pro-
ceed, and that the conditions must wait until
I certain"
According TO Section 1S1 OF the county laws,
/ Whenever a vacancy occurs in the office OF
sheriff through misfeasance. the under sheriff
| shall in all things perform the duties Of the
| sheriff until a new sheriff shall be elected or
! appointed and shall have qualified Any default
! on the part of the under sheriff shall be deemed
! TO be e breach Of the undertaking given by the
! sheriff, and also a breach OF the undertaking
| given by the under sheriff TO the sheriff who ap-
! pointed him
This means that If any damages are incurred
! through the conduct OF the Office since Sheriff
! Guden was removed the same will lie against
J Mr.. Guden. whether IL is decided that he was
! was not still in office. and whether the acts
| were committed by him his under sheriff
| Mr. Guden's bond is $4,000. There already
| actions pending against him. largely account
| of the magistrates dispute, aggregating
100000
! Mr.. Guden would not say yesterday whether
| he had issued any attachments or ordered the
! sale of any property, which acts might involve
! him in lawsuits, in case his removal was not
! declared Illegal
The Sheriff's office was open for business as
! usual during the regular hours. sharp look
! out kept, however. for the appearance of
| any forces of the enemy. None appeared At
| the stroke of o'clock the doors were shut with
! a bang, the bolts shot, and the chain was
| put on. After that all who did not have direct
! connection with the office had to parley with
| those inside through crack in the door