New-York tribune., 1902-03-24
WILL NOT STORM Dixie.
GUDEN TO A WAIT PEA CEABLY
ACTION OF HIGHER COURT
UNDER SHERIFF WINGATE STAYS AT
THE OFFICE-AN APPEAL TO
BE TAKEN.
BE TAKEN.

Inere was much speculation in Brooklyn yes
terday as to just what would be the end OF the
snarl over the office of Sheriff of Kings County.
to which Justice Gaynor gave a puzzling twist
by the decision Saturday. in which he de-
clared that Charles Guden still Sheriff and
that the Governors act in removing him was
unconstitutional and void. Mr. Guden said last
night. after a talk with Jere A Weinberg, his
Junior counsel, that attempt would be made
TO reseize the jail and the Sherin's office by
force Their action will depend much on the
attitude taken by Colonel Norman s Dixie and
his counsel the decision of Justice Gaynor.
II is probable that stay will be obtained on
behalf of Colonel Dixie, and that the will
be sent to the Appellate Division OF the Su-
preme Court for further adjudication.
The first thing that we will do tomorrow
morning" said Mr.. Guden, will be to ask for
an order compelling Mr.. Dixie to turn over to
me all the books and papers of the Sheriff s
office. If he chooses to resist an order Of the
court we will not attempt TO carry 1t cut by
force. There will be no storming Of the jail nor
| laying siege to the office in the courthouse
1T Is natural to suppose and we expect that
Mr.. Dixie will get stay and that the case will
again be submitted to the courts We hope that
the courts will act speedily the present status
OF the case is annoying both TO me and to Mr.
Dixie. 1t is also a great inconvenience to the
people.
Il have just had long talk with Mr.. wern-
berg and his action on my behalf tomorrow
will depend entirely upon the action OF the other
side. Everything has been left TO his Judgment
and to that Of General Tracy"
Colonel Norman s. Dixie said yesterday after
noon that he had nothing to say on his side of
the case, as the entire question was in the hands
Of his counsel. Judge G. D. B. Hasbrouck He
did not seem 10 be al all worried by the opinion
OF Justice Gaynor. and appeared to be Of the
opinion that the trouble would end all right He
went 10 Manhattan afterward and refused to be
seen when he returned. late in the evening.
Although Mr. Dixie spoke as though he were
not afraid that any attempt would be made 10
wrest from him the jail and the Sherin's office.
which he obtained only after considerabl trouble
Under Sheriff Wingate stayed in the office In the
courthouse all day yesterday. 1t was rumored
that Colonel Dixie had been advised by his coun-
sci 10 resist any attempt on the part Of Guden
70 retake the office even il Justice Gavnor
should issue an order.
Levi w. Naylor. the counsel to the Sheriff 3
office under Mr.. Guden. said last night that he
had made an exhaustive investigation Of the
law and authorities both in this State and in
other States, and that Justice Gaynor's opinion
was in accord with the results of his investiga-
tion He believes that the higher courts will
sustain the opinion OF the justice
The people are the sole judges Of the charac-
ter and qualihCa tions of men for office" said
Mr.. Naylor. IF Mr.. Guden should, be reelected
Sheriff. for instance. do not believe that it
would be seriously contended that he could be
removed on these same charges by the Cover
nor otherwise there would he a perpetual in
ability TO hold office. Neither do 1 think that
it was contemplated by the trainers OF the con-
stttution that the Governor should proclaim a
man guilty OF a criminal offence without trial
by jury of his peers. II the Governor thought
Guden guilty OF any crime. he could have direct
ed the District Attorney OF Kings County to
present the accusation to the grand Jury and II
Guden had been convicted in the criminal court
such conviction would under the law. work a
forfeiture Of his office Then there could be no
question as to the right Of the Governor to ap-
point his successor"
From all indications last night II appeared
that both sides were dSinClined to indulge In
any more personal contention for the office and
We're willing and anxious to have the affair
settled by the proper legal methods. Colonel
Dixie will probably continue to exercise the func-
tons or the Sheriff he has done for a week
and Mr.. Guden will be content TO stay at home
in the belief that he will ultimately get possess
sion Of the Office and receive his back pay.
Mr.. Naylor suggested yesterday that in view
OF the decision of Justice GaylOr and the possi-
bilty that II might be upheld by the higher
courts, Colonel Dixie would not care to under
take longer the responsibilities OF acting as
Sheriff. There seems to be a question as 10
whether in case Mr.. Dke's appointment Is
finally declared Illegal he will be liable for dam
ages on account OF his acts Sheriff. This
view of the did not seem to be worrying
Mr.. Dixie yesterday, and there Is little doubt
that he will continue 10 fulfil the duties OF
Sheriff.
Kingston N. Y. March % (speciaD.-Judge
c. d. b. Hasbrouck. counsel for Sheriff Dixie In
the Guden mandamus proceedings. said to-day
that Colonel Dixie would Immediately appeal
from the decision Of Judge Gaynor TO the Ap-
pelate Court. This would act as a stay. Mean
while Guden could take no action toward re-
gaining possession OF the office under the de-
cision.