The sun., 1907-12-10

s;reunds ON which the Governor Based
AIs Action These Were Noterleus Mat
tiers rhAt Cannot Ire shouldered Onto
subsrdInates Power OT Remo var Af-
nrmed. with Quotations Frem q me-
view Of IhaC subject by GSV. T1acn.
Gov. Hughes last night removed from
ONCE John +. Ahearn. President of the
Borough of Manhattan, for neglect OF the
duties Of his office, the principal instances
Of neglect being failure to keep the streets
in repair and permitting FAvorites TO fur
nish supplies without competitive bidding.
Personal corruption, the Governor says
smphatically, was not alleged.
The Borough President wields most Of
the patronage Of the borough. This pat
rOnage will not be likely to escape from
Tammany Hah by reason Of Mr.. Ahearn's
removal. for Little Tim Sullivan 10 In a
position to say who shall be Mr.. Ahearn's
successor, and there is even talk Of electing
Mr.. Ahearn himself, with the idea that he
cannot be removed again unless he Oifends
again as a newly elected Official.
The provision Of the Charter as TO the
election is:
ANY vacancy in the Oftice of President
caused by removal from the borough or
otherwise shall be filed for the unexp pired
term by an election TO such vacancy made
by a majority vote of all the members OF
the Board Of Aldermen then in Office repre-
senting said bOrOu gh, ,sand in case Of any
such vacancy It shall be the duty Of the
Mayor forthwith 20 call such members
in session FOR sach an election and to pre-
eide theraat bat he shall not vote unless
Mis- vote be necessary TO decide the election.
A soon as Martin W. LittletOn, counsel
for Mr.. Ahearn, heard OF the action taken
by the Governor he sent for his client and
they and Barney Downing, Mr.. Ahearn's
private secretary, had u long conference.
Afterward Mr.. LittletOn said that he had
prepared papers applying for an injunction
restraining the removal ordered by the
Governor and that il was his purpose TO
make an application 10 a Justice Of tho
Supreme Court at once and take the case
to the Court of Appeals IL necessary.
Mr.. Littleton said that the grounds upon
which the application would be made was
that the Governor had no jurisdiction over
the Borough President for the reason that
the Constitution does not give the Gov
ernOr the power to remove a municipal
elective officer Tne Governor deals with
this sub;e 81 in his memorandum.
MIR Ahearn himself refused to say any
thing about the Governors action.
Mayor Mcclellan said that he supposed
the order would reach him to-day and that
in obedience tO the Charter he would a.
once cali a special meeting of the Manhattan
members of the Board Of Aldermen 10 name
a successor TO Mr.. Ahearn.
There are thirty y-seven Aldermen in this
borough Their makeup is seventeen
TammaNy members and twenty Republi-
can AMI Hearst men. Four OF the Hearst
men-Cronin, Leverett. Noonan aud Torpey
have for nearly a year past voted with
the Tammany side and il is supposed that
their votes would 20 20 the Tammany can
didate who would be put up to succeed
Ahearn. IL is provided in the public orr
GERS act that the successor TO Mr.. Ahearn
shall be- Of the same political faith. and N
az the time the investigation began Alder
man Meyers. the Republican leader Of the
hoard. stated that the Republicans would
take no part in the election Of president
but would leave the Democrats 10 Eight il
out among themselves the likelihood II
that the candidate put forward by the
Tammany leaders will be elected easily.
One Of the highest officials OF the admin
istration said last night that he had heard
that there was a movement afOot among
the Tammany members Of the board 20
elect Mr.. Ahesrn his own successor. Il
understand said The SUNS informant
that Little Tim Sullivan and Ahearns
friends in Tammany Hall had some days
ago made up their mind that the best way
to beat the Governors action, nIpposine
that IL would be adverse TO Ahearn, was to
reelect Ahearn. II that should be carried
out particularly nice point win be raised
and one which I understand the law ad-
visers Of the administration are not alto
gether clear upon.
The point is tbis; Mr.. Ahsarn, having
been removed for cause, goes out OF once
without kicking and then he 10 elected 10
his old oEaoe and goes in as a new Oficial.
with no charges against him az such new
Official. Whsthsr that contention would
hold good in the courts is something that
am not competent to give an opinion upon
but some Of the city's legal advisers are not
prepared TO say to the contrary
Little Tim Sullivan has told his friends
that whatever happened he would not step
into Johnny Ahearn's shoes. Another man
who has been mentioned for the job is
William B. Ellison. II Il not likely, how
ever. that Mr.. Ellison would take Il. Hs is
being nursed by the Sullivans 40 thsfr
candidate for Mayor two years from nov
and it is understood further that No has
been retained or will be retained by the
members OF the Board Of Water Supply 70
defend them in case the Mayor shouid re-