Waterbury evening Democrat., 1907-12-10
AHEARN IS REMOVED.
Governor Sustains the Charges
 Against Borough President.
NEW YORK CITY CLUB ACCUSER
Hughes Points Out That There Has Been Maladministration In Matters Seriously Affecting Public Welfare and Breach of Official Obligation.

and Breach of Official Obligation.
 Albany, N. Y., Dec. Ex-Governor Hughes issued an order for the re- moval of John F. Ahearn from the of flee of president of the borough of Manhattan. The charge of breach of duty brought against Ahearn by the City club of New York is sustained by the governor. That MT. Ahearn has been personally corrupt or that he has profited personally by official miscon- duct is alphabetically refuted by the governor. But the governor finds that there has been maladministration in matters seriously affecting the public welfare and gross breach of official obligation.
 With reference to the power of the governor to remove the borough presi- dent, right disputed by MT. Ahearn's counsel, Governor Hughes quotes from the New York charter, the constitu- tion and Governor Tilden's messages and concludes: Not SaVSo py Rc.CISSSioUs
 "In my judgment there is no war rant for an attempt to read into the Constitution by construction a prohibit tion of legislative authority to provide for the removal of the mayor or other local officers, such as the borough pres ident, and it is my duty to assume that this legislative power exists which for so long a period has been deemed not only salutary, but essential, and has been exercised without question.
 "A further question:" says the gov ernor, lis presented with reference to the effect of the reelection of MT. Ahearn as borough president in 1905. It is said that after service of two years the electors then recorded their final judgment as to his competency and fitness for the office.
 But while the majority may elect the officer they are not entitled to in- sist nor can it be assumed they desire to insist upon improper administra- tion or upon the retention in office of one who fails to do his duty.
 No Proof of Personal Dishonesty.
 "It may also be noted preliminarily that it has not been alleged or proved that Mr. Ahearn has personally been corrupt-that is, that 1t is not known and it is not claimed that he has con- verted public property to his own use or has personally profted in an unlaw- full manner by his official conduct. Justice to Mir. Ahearn requires that this should be stated emphatically and clearly be understood. But that does not end the matter. A borough presi- dent, as has been said, is removable upon charges. And without attempt ing to state comprehensively what con- duct bearing upon character or fitness might be regarded as a proper subject of charges it is clear that charge will lie for breach of duty.
 If there has been maladministration in matters seriously affecting the pub lie welfare and gross breach of official obligation the duty of removal is clear, albeit there is no proof of peculation or personal dishonesty.
 Inexeusable Neglect.
 "It appears from the evidence be- fore me that the most serious con- plaints of his administration relate to the two divisions known as the bureau of highways and the bureau of public buildings and offices.
 "One of the chief duties of the borough president is the care of the streets within his borough. It is through tine borough president that contracts for the laying and repairing | of pavements are made and enforced, and upon his action the citizens of the |