New-York tribune., 1907-12-25
TRY TO GUST AHEARN.
JACKSON TAKES ACTION.
Begins Quo Warranto Proceeding
Wtthout Mating for Governor.

Ahearn to establish his right TO the ONCE ol
Borough President TO which he was fe-eie''eu
by the Board Of Aldermen after being Fenlo'eu
by the Governor. The papers were seFNeo 'h
Mr. Ahearn late on Monday night
When seen at the Office Of the Borough Presl-
dent Yesterday Mr. AheaYn refused to discuss
the move of the Attorney General except to say
he had been served with the papers.
Mayor Mcclellan, asked to comment on the
new development, said: The action has oeeh
taken according to law Why Should L nave
anything TO say about it?"
The MAYOR has been criticised by some for
an apparent inconsistency in swearing in Mt
Abearn after his election. and the next day re-
fusing to recognize him Borough President
in the Board of Estimate. In Justification OF
his course he said yesterday:
rIn taking this action I proceeded under the
law as laid down by the courts in this state
II has been held that officer with power to
swear In all appointee is not permitted to ques-
ton the eligibility of the man before him TO
the particular Office" CThen he quoted two de-
cisions) Under these decisions l had no OPP
ton, although believing Mr.. Ahearns election
to have been illegal. but to administer the oath
OF Office to Mr. Ahearn In accordance with the
resolution passed by the members of the Board
NJ Aldermen representing the Borough Of Man
haitian. at the conclusion of their meeting.
IN regard to my action in refusing to recog-
nize Mr. Ahearn he next morning at a regular
meeting of the Board of Estimate and Appor-
tion1nent as member Of that board, acted
under the case OF The People rel. Gibson
agt Sheffield, AZ Hun. 4Sl which permits a
public board to refuse to recognize one seeking
admission to that body on the ground of his
tneligibIlity to hold the position"
Corporation Counsel Pendeton when told OF
the action of Attorney General Jackson said he
believed every one would be in accord with the
move An action in quo warranto proceedings,
he said was probably the best way out Of the
present difficulty
IF Mr. Littleton, Mr.. Ahearn's counsel
wished" said Mr.. Pendleton, 'the matter could
be brought into court for settlement by Mon
day. January 6. That is a week from next Mon
day. The courts open that day. and the court
would probably let that case come up inmedi-
ately."
Attorney General Jackson was at his office
only short time yesterday. It was said last
night he had gone to Buffalo for the holidays.
In q statement prepared for the press the Attor-
ney General recites the facts Of Mr.. Ahearn's
removal by the Governor after a complete hear
ing end that a majority of the aldermen OF
Manhattan voted for John f. Ahearn to be
President Of the Borough Of Manhattan" He
adds:
''The manifest purpose Of the statute confer
ring upon the Governor this power of removal
was to prevent official shown to be lncom-
petent or corrupt from continuing in office dur
ing the full term for which he had been elected
and to close his term Of Office and to relieve the
public from the evils Of his administration at
any time within such term
1T would utterly defeat the spirit and intent
of the act if the Board Of Aldermen, in the
pretended exercise of its power to fill the
vacancy caused by such removal. should rein
state and continue the same official in office
for his full term. The statute cannot be con-
strued as intending to confer upon the Board
of Aldermen the power to nullify and reverse
the determination Of the Governor in this man
ner
1T is of the highest public Importance that
this law providing for the removal of public
officers be made effective, and / deem it my
duty to take legal action to the end that the
order of the Governor shall be respected and
obeyed.'
The Corporation Counsel sent an opinion TO the
Controller yesterday saying that the latter would
be justified in paying the salaries of the
pIoyes of the Borough Presidents office.
The Governor sent a letter yesterday in
ply 10 one from Mayor Mcclellan. in which the
former said:
have the honor TO acknowledge receipt OF
your letter of the 23d inst, setting forth the
proceedings which have been taken since the
removal OF John f. AheaTn from the office OF
President of the Borough of Manhattan.
I infofmed this morning by the Attorney
General tna- yesterday he caused an action IN
the nature of quo warranto in the name of the
people Of the state to be begun against John
+. Ahearn, demanding the appropriate Judgment
of custer.
Martin W Iittleton said last night concern
ing the Ahearn case:
Mayor McClellans attempts to explain his
attitude Of not letting the left hand know
what the rghs hand doeth' in the Ahearn mat
ter fail to explain. He cites the in AZ
Hun. People rel Gibson agt. Sheffield) as
an authority for his refusal to recognize Mr..
Ahearn in the Board of Estimate, but he does
not state what IL fact, that Judge Larned
said: 1T is true that these defendants "a board
similar TO the Board Of Estimate) have no ju-
dical authority to determine that the relator
is or is not a director What the court actual
IL holds is that if member of board is not
recognized and appeals to the courts to enforce
recognition he must show legal right to sit
in the board. 1t does not hold that the board
IS right in forcing him to go to the courts, but
once there his legal right must be manifest. 1t
should be noted, also. that in the case cited by
the Mayor the member TO whom admittance
was denied was not excluded by the solitary
opinion of member, and that member the
chairman who refused to allow any appeal
from his decision, but was excluded by the
unanimous opinion OF the remaining board
Suppose that all Of the members of the Board
of Estimate should say to Mayor Mcclellan. we
know that you hold certificate of election duly
executed Dust as Mr. Ahearn holds certificate
OF election duly executedl, and we know that on
the face Of the returns you got the majority of
the votes cast Gust as on the face of the returns