New-York tribune., 1909-10-15
WINS BACK AT GAYNOR
lTTACKS JUDICIAL ACT.
Says lie Tried to NulHfy Constitu-
ton an GudeR Case.

William NJ. WINS, who on Monday night at Car
negie Hall charged Justice William j. Gaynor
Tammany candidate for Mayor. with conniving
with Senator McCarren and Gene Wood, ;he
lobbyist TO accomplish the nullifcation Of the law
against gambling at the racetraeks renewed his
attack yesterday.
lie accused Gaynor with having attempted to up
set the state constitution by improper decision
in the of Guden, removed Sheriff of Kings
County by Governor Odeli because OF an alleged
corrupt bargain concerning the disposition of pat
ronage made by Guden prior TO his election.
Mr WINS charges that Gaynor used his high
Office for personal purposes ana showed lack of
respect for law. He called attention the record.
which showed that after GaynOr had overruled
Governor OdeH the Appellate Division and Court
of Appeals reversed Gaynor, with severe comments
his judicial action. Mr.. WINS said;
Guden had promised that if he were elected a
certain young man named Bert Reiss should be
Guden had signed a written agreement with
spect to some OF the appointments that he should
Michael J. Dady of Brooklyn. So this ante-elec-
stood by the politicians OF the Republican party,
that if Gudcn elected he was not To appoint
pointed by politicians with whom he had entered
into an agreement to that end. lie was elected,
but did not live up to this agreement
who had bern deceived and disappointed made
trouble He told about the whole thing, In con
sequence of it charges were preferred against
Guden. and Governor Odell was asked to remove
him on the ground that he had entered into a
'orrupt bargain before his election. and il
said that because thereof, under the provisions
~ the constitution which You well know. he
disqualified from holding the office. Governor OdeI
although Republican, held the charges we'll
founded. and he removed Guden from Office.
Judge Gaynor thought he saw there oppor-
tunity get into the limelight. and he sent for
friends and suggested that they institute a
proceeding before him, in which he could review
the action Of Mr.. Odell Governor, and upon his
suggestion such proceeding was brought under
the section of the code which provides for the
recovery of the books and papers of a public of
ice.
The proceeding brought before Gaynor as
advised by him. and he decided against the Gov
ernor. The present Judge Dixie in the mean time
had been appointed Sheriff TO succeed Guden, and
the title of the proceeding, therefore, The
People ex rel. Guden ugt Dixie. it is reported i'm
81 Misc. 800. Judge GayhOr wrote al elaborate
opinion. III which he reversed the Governor
II one OF these pAilippiCs in which the Judge
habitually indulges from the bench, from which
he even now has the indecency as Christian
Jurist, to asperse my motives for opposing him.
had himself moved To be brought before him L
might have been written by the Rev. Mr.. chad
band.
''Gayuor, j. 1t is not a pleasant thing 10 have
decide this case 1t is peculiarly iTksome aud
delicate enter into Investigation of act
of the Governor OF the state ana decide whether
he exceeded lIiS constitutional powers
A few days after the Appellate Division had
Versed Gaynor he was walking through the cor
ridoTs the courthouse and met one of the dis
tfict attorneys. who said BY the way, ] see the
Appellate Division has reversed YOU on thiS CiuGcn
case The Judge replied: II ltdnt thiuk that
they would have ndcccncy to do il. because
saw them before I gave my decision in Tho first
instance and they promised me hat they would
sustain me" The District Attorney laughed, ard