New-York tribune., 1907-12-11
THE REMOVAL or Mr., AHEARN.

: Il
The removal of Borough President Ahearn is
an act of simple justice. 1t was ordered ohi!
after most painstaking investigation in which
the scrupuIous fairness of the Governors att-
| tude toward the accused WAS patent throughout
| Every fact bearing on the received the most
| natient consideration. The conclusion reached
| hv the Governor is inc only possible one as
every one knows who remembers the shocking
| state Of disrepair into which Mr. Abearn al
| lowed the city streets TO get and the speed WIN
which he showed he could improve them as soon
/ as he became frightened by aroused public senti-
nlenr Mr. Ahearn's only defence was prac-
teal confession of his Incompetence Although
the conditions came directly under his own eyes.
as they did under the eyes of every man who
had 10 use the streets ne declared he knew
| nothing about them until they We're brought t"
his attention by the complaints of civic orgah-
ization TheE he made personal inyestiga
tion" and found dreadful state of neglect He
at once addressed himself 10 repairing II ana
dismissed his subordinates who were response
BILE for il. All of this amounts TO confession 'na'
the streets were in bad shape as his accuserS
said: that he did not know It, although ii is
difficult TO sec how it could have escaped his
attention and that he had been incapable of or
capZing an efficient working force in his branch
of the government IT is ptiful showing Tor
a
And Mr. Ahearn does wish 10 cling TO his
Office after this confession of a dlSgracetul fal'-
ure. His counsel is making legal fight 10 pre-
vent orIsting him and his organization is re-
pnrtad 70 be ready to ''vindicse" him with
reelection If tpchnicaIies prove insufficient to
keep him in power. They are reported to feel
sorry for Honest John the first victim Of
what We hope is new order Of things which
demands competence anG efficiency as we'll IS
honesty in Office.
The constitutional grounds on which Mr.
Ahearps counsel proposes 10 fight his removal
are that the Borough President is not properly
removable by the Governor 1t is true that the
legislature has provided that Borough Pres-
dent shall be removed in tho same way as a
Mayor NAV be and that the law also provides
that the Mavor is removable by the Governor
| I.,,t the constitution only provides for the re
movaI of such officers as ShPriffs. county clerks
and district attorneys. and then says fnrther
| that provision shall be made by law for me
| removal for misconduct or malversatlon IN c'-
..fce of all officers except judicial, whose pow
prs and duties are not local or legislative, etc
The contention is made that the Borough Presi-
dent is local officer of this sort and that the
/ legislature cannot make hiIa removable by the
! Governor Governor Hughes takes the position
/ that the law gives him the power To remove the
! Borough President aud that there is no war
rant for an attempt TO read into the constitu-
'tion nv construction prohibition of legislative
/ authority to provide for the removal OF the
"AIavor or other local officers. such as the bor-
"ough President. and II is my duty 10 assume
that this legislative power exists. which for so
long q period has been deemed not only sal
.utarv hut essential and has been exercised
! without question.
The question has. we believe, not heel directly
passed upon by the courts. though local otflcers
have been repeatedly removed by state author
! ities notably municipal Civil Service commits
sioners Mr.. Littleton. Mr.. Ahearn's counsel says
! that Chief Judge Cullen in the Devery case held
| that "a law could not give the power of cleo
''tion to the people and the power of removal 10
! t.fhe Governor But that hardly states the
position of Chief Judge Cullen in this, case.
After declaring that police commissioner could
not be arbitrarily removed by the Governor the
| Judge laid down this rule:
! The question before us is very different from
that which would be presented by Il provision
that the Governor might remove for msconduci
! in office after a notice and a hearing. The con-
sttution. by Section s. Article 10 provides tha'
q The Legislature may declare the cases IN
, (which an office shall be deemed vacant when
J no provision is made for that purpose In TINS
/ constitution" am not prepared u
| assert that a statute authorizing the Governor
| 10 remove a local officer for misconduct on
! charges and after hearing. could not he JuSti-
fed Under the section of the constitution quoted
| The removal of Mr.. Abearn WAS not arbitrary.
| hut was made on charges and after A bearing.
and so would appear to fall within this reserva-
! ton of Chief Judge Cullen.