New-York tribune., 1907-12-21
MAYOR BARS AHEARN.
ESTINATE BOARD FIGHT.
Won't ,4llosu Ousted Man to Take
Seat.

Ocut.
,ra,,or McryeIlan yesterday the meeting OF the
Hosrd O. Estimate and ApportionInent refused 70
allow the name of Borough President Ahearn TO De
called and would not entertain Inotioh from
Patrick f. MCGOWAN for an appeal from MS
,rltnr Mr Abearu produced his certificate of cleo
zion signed on Thursday by the Mayor, but thls
made no impression the Mayor
cornorattou Counsel Pendieton advised the Mayor
,hat the action of the Board OF Aldermen In re-
elec;ing Aheern did not really fill the vacancy
caused by Governor Hughes when he removed
Ahearn.
Mavor Mcclellan expects that MI. Ahearu win
nandamas the board. Mayor and Board OF Esti-
mate in his effort to compel his recogniuon
Mr. Metz, pending decision, Is not paying any
money Ahearns department
George A. Mc<Aneny, president OF the City Ciup.
went to Albany see the Governor yesterday In
connection with the Ahearn case 1t was said at
the City Club last night that a statement Wouio
be issued to-day The Citizens Union and the City
Club have arranged for joint meeting on Mon
day to take action in the Ahearn case,
M Ahearn followed the Mayor into the ole
Council chaInb yesterday morning at the assem-
bling OF the Board Of Estimate. AS the
clerk began the rocall the Mayor took exception
70 Mr. Ahearn. and what took place is shown by
the following transcript from the minutes:
The Chairman-The chair believes that the cleo
Hon OF John r. AheaTn by the Aldermen repre-
senting the Borough Of Manhattan to ill the
ough OF Manhattan MAS contrary TO the intent of
The law. ana that therefore such vacancy sun
dent OF the Borough OF Manhattan The clerk viii
lhe ,1resIoent Of the Board of Aldermen-I make
abe point order that this board has no right TO
80 far as We know Presiaent John F. Ahearn has
been elected. sworn in and is a member OF this
The Chairman-The chair has no intention OF
submitting to the board the question OF the quail
1lcations OF its membership The chair oVeTrules
the point of order.
The President Of the Board of Aldermen-I ap-
peal the decision OF the chair
The Chairman-The chair declines to entertain
the appeal upon the ground that the rulng ap-
pealed from is upon question OF fact and not or
order.
John F. Ahearn-I ask that you direct the clerk to
The Chairman-The chair has already ruled upon
that question and declines TO recognize the gentle
man.
cate of election be spread upon the minutes.
The chairgnan-The chair declines to recognize
election has been filed with the City Clerk. and
board would not be in order.
The President of the Board of Aldermen-I move
that the certificate of election be recognized and
The ChairmaI-The chair does not think that
such motion is germane to the business Of this
board and declines to entertain it The clerk will
The President OF the Borough of Brooklyn
move that the board adjourn until the question or
Msnhattan is settled e'NN'''
The Chairman--A motion to adjourn must be un-
President Of BROOKLYN divide his motion. Until
what time does he suggest that the board adjourn?
The President of the Borough OF Brooklyn-Untfl
the matter Of Mr. Ahearn's election has been set
The chair1nan-A motion to adjourn to day
The President Of the Borough Of Brcoklyn-I
move that when the board adjourns It adjourn 10
meet in this place at 1880 O'Clock In the forenoon
on Friday. January 3. 1905.
Corporation Counsel Pendleton. leaving the board
room at the close Of Ahearn- -McClel-
Ian furry asked IL the Mayors action was
taken with his approval. He replied in effect that
It was and said he thought the Mayor had done
right" He said he had not talked the matter over
with the Governor.
Mr.. Ahearn. after consulting with Martin W.
LittIeton, his counsel, made the following state
ment:
If there any doubt in anybcdy's mind OF
the. fact that the Mayors warfare on me is en-
ing e' Should ai irr remove We that doubt. - 49,
mate and AppoTtionment on his own hook. as law
yer or what not" refused TO recognize me IN the
Der. He pretends to be a great parliamentarian.
and yet when appeal was taken by the presi-
nef TO say foolish ruling he declined to entertain
s0aa and eeed to pe me 81
cate ot election, which was signed by him and
whether the Mayor car. nuufy the provisions Of
the charter: overthrow the viii Of the Board Of
and also overrue the majority Judgment OF the
Board of Estimate and Apportionment remains to
1t amounts to this: The Mayor declares va.
chairman of the Board Of Estimate and Apportion-
Inent and refuses let that body be the iudge or
the election OF fits members, although 1t is
being conducted parliamentary BODY.
] suppose the Mayor is little hot under the col
and got TO exhibit his heat in some fashion
but he ought not TO get himself in such an absurd
position
shall conduct the business Of the office OF the
Borough President with full authority until
some Of these gentlemen who SO Interested in
public service shall have Il tested in the courts.
nntT The Mayor cools off and is enabled to see
straight line.
Il is simply a question OF IS he isn't he
and have passed solution of that problem over
80 Corporation CounSei Pendletoa, said Controller
Metz. when asked yesterday whether not he
would officially recognize John Ahearn Bor-
ough President. X is important question to the
Controller. he Is personally responsible for all
the moneys he pays out in salaries contracts
under the authorization of the Borough President
II am sure OF my ground up to December g. the
day Mr.. Ahearn removed, added the Controller.
las have advice UP to that point I will pay all
salaries and bills authorized up that time. I
have asked Corporation Counsel Pendleton TO ad-
wise to the status OF Mr.. Ahearn now, but
have received no reply If he declares that Mr..
Ahearn is legally Borough President / shall pay
the latters salary and the salaries those in his
department have personal feeling in the case
shall not held up dr Ahearns salary simply to
get adjudication OF his standing from the courts
il has been suggested in Albany might do