New-York tribune., 1907-12-14
NO BOROUGH PRESIDENT
MR.. AHEARN IGNORED.
Mayor RuIes That the Office Is Noe
Vacaat.
Vacant.

Mayor Mcclellan says that John r Ahearn is no
lonssr President of the Borough OF Aahhat1aii-
Backed By the opinion Of Corporation Counsei rem
eleton the Mayor yesterday refused to allow tne
clerk of the Board OF Estimate and Apport-onine'
20 oEu Mr. khearn's name al the meeting OF the
board.
The Corpcration Counsel holds that Mr.. Ahearn
has been removed by the Governor
There IS g vacancy IN the office ot boroUfsp
President Of Manhattan" said the Mayor last
night - ara restrained from calling the Manhal-
tan alderreea together. and the County Cierh IN
si,nIiar manner is restrained from DONG CERTAIN
acts vita reference TO filling tne vacancy p"l -
fs- as ] an Informed by the Corporation CouhSei
the office of Borough President IS vacant ihe
Commissioner OF Public Works cannot act IN MS
stead unless the Borough President Is SICK or oat
of town.
Controller Metz yesterday held up all the requi-
e;tions coming from the Borough Presidents office
since the issuance of Governor Hughes's order OF
removal and nas asked the Corporation Coulsei Il
he has authority pass them
There Is no change in the intention of the Tam
many men To re-eiect AIr. Ahearn President OF le
F2orough as socu as the injunction against the
Mavor and the County Clerk IS disposed Of
Borough President -alle2rn surprised his coeagues
tv appearinE Al the meeting CT the Board OF Is
innate and ApportOnment yesterday forenoon On "
the cali of the roll the clerk omitted the name u
Mr. Ahearn who was quick 10 notice it Leaning
forward and locking the Mayor MI Ahearh
said; -
I ask that the board direct Ihe cieih " O0- -
name as a member OF this board
Tn ,,;ezx Of an opinion which have received
from tbe CORPORATION Counsel I am obliged tc re-
fuse said the Mayor.
Il DISPUTE the right of the Governor 10 feliloNe
me from Office" exclaimed Mr. Ahearn, as he arose
TO leave the board. "And L WISH 10 nave 'i''' ie
corded upon the minutes
.Inasnucn as the vacancy is caused through re-
rnoyal the chair rules that the Borough President
cannot he represented here by the CoIliilssLoiie1
10
Mr tbearn then bowed and left the chamber
f4e said later that ne had appeared merely as
matter Of form ..
J,stjce Creenbatn listened to a long argument
by Martin ". Lirtleton. counsel 1or M xea ~ -
and Assistant Corporation Counse' oteiIiie on
the return of the orders issued by Justice 1ruaA
directing Mayor Mcclellan and County Clef@ It' 90
ing to show why the eN parte AL =, - =
in the case OF the removal CT MI Ahe@lh N
not he continued MIR. LIttleton based ms arsn-
-. e. +be continuance of the injunction on the
cons4itutionality of the act under which the bor
ough President removed The 1usuce ieSei
his decision. o.
Nr Idttleton contended that the Governors act
violated section of article 10 OF the consul &
;cb i1as the municipality the right to seiecI IT'S
own rulers The lawyer contenoeo lla' 'nnS -.
Of the case had been clearly set forth py 1NstIo0
cullen who in the case Of Devery agt- Colel ue
c;ded that the Legislature could not ueiee"'o '''
mower of removal. He continued; -
..Tn ,l,e nresent case the Governor has expressly
acquitted Mr. Ahearn Of everything fhaI "ouiu ~ 20
5ustihed his removal. Does TINS mean Ciid' " - -
rnouwealth like the City Of New VOTE can - l,a
- home r,,le safeguards which it has SO lapor-
5ouslv acquired disregarded by an eNecuu'e ~
nav think that the hat OF an official does not HI
his head?" .,,,,,,co IF
N- Sterling contended that the continuance u
,bo Injunction restraining the County clerk Lioiii
,;, Certificates Of Mr.. Ahearn's removal riaoe no
disererce as to the fact. as the acts oi Ailiis 60
recording were only the evidences oi go - ,a
-non called attention to the plan that mas 49, =.
.,-o-,ae6 for by the statutes for the removal u
., officer to the fact that the Governor d 40 =
..of learning analytical power and acuteheSS' |
,,I,sved that be had such power, and 70 the EN-
80 far trial" that the Governor had given 'he
Borough President Mr. sterllhs '.''|- to,sir.
,,.bila tbere was no authoritative oeclsloh Hous
.b.+ there was q constitutional provision -
LEGISLATION providing for the removal " go
s,,ch legislation must be legal
\ .qf this Injunction should be granted saiu MI MI
s,.1;rr- ..the situation would be this: MI Ahearh
,,ro,,ld have been removed from his ONCE py 'i0
~or, act and vet no successor could be
pnnointed because Of the Injunction