New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-23
THE AHEARN ACT HELDVOlD
JUSTICE MADAM DECLARES IT UNCoN-
STITUTIONAL.
vATE PROPERTY FOR THE BENEFIT
rErN- 1-E, rN-rIN-Irnr-
OF PRIVATE INDIVIDUALS.

OF PRIVATE INDIVIDUALS.
The Ahearn act, providing for the compensa-
tion OF city officials who have been illegally re-
moved from their positions. Of those VINO
have beea prosecuted and acquitted. was de-
clared by Justice McAdam. OF the Supreme
Court, yesterday 70 be wholly unconstitutional
and void. The decision was brought out by the
application Of former Warden John J. Fallon OF
the Tombs Prison. for the appointment Of ref
cree under the Ahearn law to pass on his claim
for S5.400 the amount OF the expenses incurred
by him in securing his restoration as warden
after he had been removed by Commissioner or
Correction Wright Fallon obtained manda-
directing his reinstatement. but Commits
sioner Wright appealed to the Appellate Divis-
ion OF the Supreme Court. and then to the Court
OF Appeals which affirmed the decision OF the
inferior tribunals.
Justice McALam. in his decision. calls atten-
ton to the fact that Justice Maddox has already
declared the law 20 be unconstitutional he
continues:
OF its kind broad as this one is have ever
appeared upon the statute nook. In former years
applicants for equitable relief NJ This character
appeared before the Legislature. presented tner l
claims. and those that were renorIed ian9-nSS an9}-reSS
were again considered by both branches Of The
Legislature, and If approved by them jointly ana ana
so approved were by special enactment referred
70 10 Hf proper 5 OF I eectd by
the people and intrusted with the taxing pq2wer 2S
established usage il not by direct consttutionaIi
nTer ma ubes te for be eerce OF re
ing power by the State Even this power mas not
The act Of iSs9 is far more Objectionable for o.
by II the Legislature without eXamina ton OF any u
thority upon the su6Ject as L me a,,nts a,UMt was
such claims, though involving large % he per-
formed by others.
Justice McAdam recites the manner In which
the act directs that there be included in the
taxes 10 be levied for the year following the
award an amount sufficient TO pay revenue
bonds issued IN anticipation ~ the collection OF
such taxes for the purpose Of the payment OF
the respective claims allowed by referees lie
then adds:
The persons for whose benefit the act was passed
have no legal claims against the city or c0uIIG,
5d br referees efs TO- the tect that claims are
equitable in character and reasonaD,e IN ,b iX
payers OF the different counties % pay tne sum, sums
wSrdd .S5 9T IN IN 6eau @iet the .hdg deman5i This clearly
the taking Of private property no, ni,dIsIs i
Gd lie use % sP fsT te tpfohed by he State
don
After quoting from the Court Of Appeals on
this point he says:
True the report Of the referee IS - Re airmsS sa
by the Court before Il becomes hnal but a. tue
ouestions 70 be submitted TO tne rslere" aie , SH
clusivelv Of fact is AZ once e'loen- toal ~
few. n any cases would arise where tre rnaihkss
could he disturbed. The FeSpOnsiolhueS an
trusts devolving upon the LcgisletIT caIi,ot -
Ae'egsted 20 n referee even tudlciai uln.s,al'
for In our system OF government the eXecui.s'
legislative and judicial branches were made ana n
tended 20 he kept separate. each acting es
check upon the Other.
The decision that the Ahearn bill is unconsti-
tutlonal will be a blow TO Chief Of Police DeVery'
Acting Deputy Chief Mclaughlin Cap'al"S
Price and Stephenson and many other ponce
officials who had 20 defend themselves against
charges growing out Of the Lexow Investigation
as well as 10 President Clausen of the PARK
BOARD former Doodle" Alderman McQuade ana
many more OF the claimants whose demands
have been placed on file. They cannot nope 70
get back any Of the money they paid to lawyers
and the lawyers who may have defended them
With the understanding Of receiving larger fees
II the city had to foot the bills may also DC
disappointed.