New-York tribune., 1907-12-10
HISTOR Y OF THE CASE.

When Borough President Ahearn appeared last
spring before the Commissioners of Accounts who
were investigating the conduct of his department
he refused TO answer the questions put TO him by
Commissioner j. P Mitchell on the ground that
the commissioners lacked jurisdiction. Several
questions were asked by Mr.. Mitchell to all of
which he declined TO answer. the advice of his
counsel Martin w Littleton- Finally when Mr.
AheaTn gave the same stereotyped refusal TO all
OF Commissioner Mtchels questions the latter
excused Mr.. AheGrn. after warning him that he
did not consider the reasons for the declination
to answer as of sufficient weight create juris-
oiction-
In declining to answer Mr. Mitchels questions Mr.
Ahearn declared in a written statement which
he read when on the stand that his reason for 50
doing was not because there is anything in my
Office or about my subordinates OF about me that
wish to conceal from you from the public;
not because wish TO be disrespectfu to this COM
mission, but because this commission has had five
months in which 10 make detailed Investigation
OF al the affairs OF the borough, the fullest and
freest access 10 all its books. papers and employees
has had the files and records Of the Borough Pres
idents office taken away for examination has en-
ployed private accountants for the purpose of MAX
ing the examination and has made more than
thirty-;hree reports upon my Office the Mayor
all Of which reports show that the office is in good
condition
Justice Bischoff signed an order on the same day
on the application of Corporation Counsel Ellison
directing Borough President Ahearn TO ar1pear in
Part ], Supreme Court, the following day TO
show cause why he should not be punished for
contempt Of court. The order was ex parte and
gave no particulars. This matter came before JUS
tice o'Gorman i'm the usual order and he reserved
decision On May Il Justice O'Gorman gave a de-
cision granting the request of the Corporation
Counsei for an order for tic imprisonment of Bor-
ough President Ahearn and of his subordi-
mates should they refuse testify in the investisa
non Five days were given to those named in the
order 10 purge themselves of contempt Martin w
Littieton. counsel for Mr.. Ahearn. appealed from
Justice oGcrnans decision Cor the purpose of get
uns a decision from the higher courts which might
be used as precedent for the future
After the investigation made into Mr.. Ahearn's
administration OF his Office by the Commissioners
or Accounts was completed and the report of the
commission was forwarded by Mayor Mcclellan TO
Governor Hughes. on July is. without any common.
other Than the opinion that the disclosed conditions
demanded action by the Governor George Nc
Aneny. president of the City Club went to Albany
and had consultation with the Governor When
he returned to the city il decided that tbe
CITY Club would be a medium for presenting formal
charges against the Borough President Those
charges were formally filed at Albany on the night
0f July .. and in them Mr. Ahearn was accused OF
incompetence neglecting the care of the citv.s
streets, violating the New York charter in the use
Of funds in his department and maintaining in Office
known incompetents With the charges was a de-
mand for the removal OF Mr.. Ahearn from the
Office of Borough President.
The investigation by Governor Hughes of the
Charges against the Borough President was begun
on September 10. and the hearing was concluded
with the testimony Of Mr.. Ahearn on October "a
When Mr. AheaTn took the stand in his own de-
fence ne declared TO Governor HGghes that last
tali anG winter the streets of New York City got
away from HIS department. and after n personaI
investigation which satisfied him that his bureau
heads were responsible for the conditions revealed
by the report OF the Commissioners of Accounts nc
demanded the designations of those concerned He
farThe: admitted that he personally knew nothing
Of The Details Of MS department but depended for
information ard details the men whom he had
appointed, many OF whom were Taararnany officials
Mr. Ahearn also said then that last fall when he
founc streets open and requiring rest.Tfacing
within the Jurisdiction of the Department of Water
Su;.p,y Gas AID Electricity ie called on the Mayor
and aii audience on this matter was denied him
He Was told 10 eonfne himself to his own iur,sdic-
lion. NJ. Ahearn was thirteen hoars on me stand
before the Governor. and when the hearing WAS
declared at an end se told the Governor that no
matter what conciusiccs ise reached he wanted 10
thank him for The consideration s!own 10 him
through the hearing
Governor Hughes gave botn sides uut:l Noveu,-
ber II 10 flse briefs. declaring ,se would receive
ESthing froia either af;er that cate.