New-York tribune., 1899-07-13
TO TEST THE AHEARN LA w.
THE CORPORATION COUNsELS OFFICE
GETS AN ORDER FROM THE COURT.
APPLICATION PRESENTED IN ANSWER TO POLICE
CAPTAIN srEPHEysoN's cLAGM-THE
STATUTE SAID TO BE UN-

CONSTITUTIONAL
Tho cornoration Counsel has begun action to test
the constitutionality Of the Ahearn law, under
which the Supreme Court is authorized TO pass upon
the claims of public officials who nave successiu"S
defended themselves against charges. Upon the ap-
pcation of Assistant Corporation Counse Cohhoy
Yesterday Justice Stover in the Supreme Court
granted an order to show cause why the Aheath
act should not be declared unconstitutional Inc
order was made returnabe on Monday next
The applicato which the order was maze was
presented to Justice Stover in answer to the claim
Of Police Captain John 7. Stephenson Tor Sf'SSl 10
defyay the expenses he had incurred IN deiehuihs
himself on a charge OF bribery. Stephenson was IN
dicted on the charge OF bribery from developments
brought out by the Lexow Investigate ting Committee.
He was charged with having received four baskets
OF peaches from Martin y. Edwards. a produce
merchant in his precinct. as bribe to protect the
merchant in his lesa OF the sidewalk in en-
cumberng 1t with boxes and barrels. lie was tlIed
and convicted in the Court of oyer and Terminer OF
the charge. and sentenced by Judge lnsraham 10
three years and nine months imprisonment ana
81 600 fine. An appeal taken TO ihe General
Term OF the Supreme Court and a new trlal was
granted to Stephenson. The case was carried TO
the Court OF Appeals. which set aside the verdlct
OF the Court of oyer and Terminer. Then Captain
Stephenson was restored to duty. and is now in
command Of the Macdougal-st. station.
MAY SAVE THE CITY HALF A MILLION
II Is on account of expenditures incurred In the
various stages Of litigation that Stephenson de-
mands the Sa33l. John Vincent. Of No. 30 Nassau
St appears ~ counsel for Captain Stephenson. In
the application Mr.. Connoly raises several points
any one Of which, II sustained, he says, will show
the Ahearn law to be unconstitutional and VIII
thereby save the city nearly $4,000. Under the
Ahearn law any public official put on trial or IN
dicted or otherwise put TO expense in deien'nS MS
official acts or the conduct Of his ohice may re-
cover from the city the amount so expended IN case
the offender is shown he innocent or suitless OF
the charges made against him. The law gives nnul
August % for the filing OF claims Mr.. Connoly de-
clares that the Ahearn law, Chapter 100 OF the
Laws OF 1899 Is unconstitutional for the following
reasons:
FrsThat the statute in question is 81 in Arnir rGnira
of he Constitution Of The State of NewYork, that
no person shall he deprived Of property without due
City OF NewYork respectfully shows MAJ G,oo me ne
statute aforesaid does not IGr any pSr does it
furnish to said city any opportunity to be heard
THE TwO-THIRDs VOTE
second-That the said statute Is in contravention
Of the provisions of Section 20 Of Article III oI me
Constitution in that It was passed without the h as
sent of wothirds Of the members elected 10 eacn
bill appropriating the public moneys TO private pur-
poses. =, :, -.....,.o,.;or -
State which provides that county or city shall
gydna gye ANY NOR Shall any such county or city be
allowed incur any Indebtedness except Tor county
'FourthIThat the said statute is in contrayenton
Of the provisions Of Section OF Article VII. that
tam the which as Between the citizens of the state
his objection reference is made the provisions OF
the statute which draw no distinction between de-
mands which are barred ian, ana those whch are not
Fifth-That the said statute Is in contravention IL
Of the Constitution Of the State nasmdch as II is a
method of taking the property of the city OF New
9rK ama q bt ~ for he beneft Of private individuals
Sixth-That the appointment of an auditor. under
section ncton ei sdI Of Article of the CONSTITUTION
Of the state which provides that a.. city Officers
Nv tbIs Constifuton shall be elected by the
~ said city or appointed by such authorities thereof
as the Legislature shall designate for that purpose
WOULD DECLARE PROCEEDINGS VOID
That for the foregoing reasons all proceedings
taken under the petition herein and the order or the
trely void and OF no effect far as imposing
liability on the city and county OF New-York Is
And deponent respectfully shows to this. court
that II such is the case The city ard county s of & Nw
under an act clearly unconstitutional
The claim OF Chief OF Police Devery filed
yesterday and was found TO he for $1,000. He was
tried twice on criminal charges when he was cap
tain. and dismissed from the force. and was
reinstated. Colonel James was his counsel Other
claims filed yesterday were the following: Nathan
straus. 5000; Louis Wendell 5000 James Allen.
$50; Chester L. scietord. sGO Edward Hahn, $1,000:
Eugene Masterson. 1900 James Carlin 800: George
F. Quinby. 500; J. J. Walker $500; Joseph NJ. Gar
vey 81 900: John Cavanagh. $780, John V Sampson,
81 200: Emil Kashan. 5000; John F. Farrow. 1880;
Thomas j. Hoggsell. 800. and Jacob J. Kilbrick.
Mr. straus was indicted when he Park
Commissioner but never tried on the indict-
ment With the exception OF Louis Wendell. the
other claimants are policemen. II was renorted that