New-York tribune., 1907-12-17
AHEARN LOSES CASE.
MAYOR ACTS PROMPTLY.
fIdermen to Meet Thursday to Elect
Nero Borough President.


straining County Clerk Dooling from inform
;nr Mayor Mcclellan that the Governor had
,,sT,o1ed Borough President John r. Ahearn
end the Injunction restraining the Mayor from
calling special session of the. Manhattan al
6erraen to elect his successor.
Martin ". Littleten, Mr.. Ahearn's counsel
said last night that he probably would ask the
Appellate Division for stay
Mayor Mcclellan last night summoned the
Manhattan aldermen to meet Thursday of
This week at 1:3o o'clock p. m to chose
successor to MI Ahearn- The Mayor himself
viii preside and will have vote in case of d
tie.
If no stay is granted the aldermen will do
business Thursday. The chances are that
they will re-elect Mr.. Ahearn
The political alignment Of the Manhattan al
derrlen is as follows: Tanmany. Il; Repub-
Iicans, 1e: Municipal Ownership League, f.
The Hearst men. who if they wished TO do 1t.
could control the situation. are John J. Cronn,
Harry L. Leverett. Cornelius n. Noonan and
Joseph ". Torpey- These men have not been
much in the Iimeligilt since the election of
Recorder, nearly year ago. They stood out
for Cowing. and Henry Clay Peters got into
trouble on account Of IL Lately these men have
been voting with Tamnany. and probably they
viii DO SO on Thursday if they have chance.
r. they do the vote would be. Tammany. 81;
Republicans. 16. The Republicans probably will
cast their votes for Max 8. Grifenhag gen, who
some time ago announced that he candi-
date There is a possibility that Reginald :.
Doul will vote against Ahearn if Tammany
orders the reelection of the former Borough
President DouII comes from the district of
which William Dalton is the leader, and Ahearn
dismissed Dalton. who Commissioner of
Public Works for alleged neglect Of official
duty Dalton charged that Ahearn himself
was responsible for the bad work in his office.
fouI and Dalton are bitter toward Ahearn.
When Martin W Littleten was seen last night
he said:
IF the Mayor had called the aldermen 20 act
on the alleged vacancy at the meeting to-mor-
row / would have applied this afternoon for
stay Putting il over until Thursday gives me
time for deliberation- The aldermen may re
elect Mr.. Ahearn.- They are not compelled to
elect q Democrat"
If the aldermen elect any one except Mr.
Abearn on Thursday il is understood that Mr
I1iftieton viii begin quo warranto proceedings
10 test the validity Of the title OF the new IN
,.l,rohent There is possibility that Mr.. Ahearn
viii not surrender physical possession OF the
Office in the City Hall. and that if he is forced
- retire from physical possession he VIII re
tain the books and papers II is expected that
Jr. I.it;teton will find an Appellate Division
5usrice who will grant a stay pending an ap-
neal 10 the Appellate Division from Justice
Greenbaurn's decision
The decision by Justice Greenbaum is long
and technical. and says that the charter in
tended that the borough presidents should be
removed bv the same methods by which sherifs
are rernoved-that if. filed charges. with the
Governor and a notice for the accused ottciai
20 appear and defend the charges against him.
He decides that the court has no power to re
view the findings of the Governor, and that
there is no other course than to dismiss the pro-
ceedines.
Reviewing the decisions cited by counsel for
Ahearr. Justice Greenbaunn says:
The deductions to be drawn from the adjudi-
cations upon the question before US are that
zlthough no binding decision can be found willcfi
denies the absolute power Of the Governor 10
remove q local officer. Yet cogent reasons may
be given for reaching such conclusion IL
NAV well be claimed that the Judgement OF an
absolute power Of removal IS abhorrent 10 the
spirit OF cur laws On the other hand, the Gov
ernors power OF removal has never been doubt
I'd when based upon charges affecting ofhclai
misconduct preferred against local oftcer-
We are thus required to interpret the chaTter
,,rovfeions hearing upon the subject of the re-
rnoval Of the Borough President in order 70 de-
teT1line its force and scope
The constitutional provision affecting the re-
1Doval Of sheriffs merely requires that the ac-
cllsed officer be given copy OF the chaIses
MIN and an opport unity of DelfS heefa
IN his defence. whereas the charter provision
contains the following words: Except that the
Governor NAV direct the inquiry provided Dy
Law to be conducted by the Attorney General
but when the statute refers TO an IN
oury" being held il seenIs manifest that the
Legislature had in mind trial partaklng oi a
iudiciaI proceeding and involving an inquiry re-
specting mere charges of official misconduct
E,rt If II is to be assumed that the guberna-
forfal r,ovyer of removal was intended TO f,e
limited 10 a case where official misconduct IS
charged. have a statute harmonious aiio
consistent with the constitution and with the
evident intention Of the Legislative body TO pro-
vide for the removal Of the local ofncers VINO
guilty of naalvsTsation or neglect OF offclai
duties The Legislature could nave conferred
this pover removal upon local authorities-
F7ut il evidently saw fit to intrust this grave
responsibility 10 the chief executive of the state
state
Bearing in mind says the decision that
the legislature intended TO make provision FOR
the removal for cause Of borough presidents, as
We 7eelI NAV that IL did not intend to make
rurato,v the home rule vouchsafed by the con-
stitgtion the charter provision under considera-
ton NAV fairly be interpreted as comforting
upon the Governor at least the power Of re-
moval fer cause
The conceded facts before me snow thaI
charges of misconduct IN office and neglect OF
Official duties on the part of the Borough fresl-
dent were laid before the Governor and that the
Governors order OF removal is based upon ind
ings that these charges were true. The court
having no power 10 review these, there is no
alternative but 20 deny the motions and dissolve
the Fu1tfneriors