New-York tribune., 1907-10-04
MAY NOT GUST AHEARN.
Gouernor VIII Require Important
Reasons C0nclusiUely Proved.


charges of incompetence, neglect Of streets
violations of the New York charter in the use of
funds and maintaining in office known ncompe-
tents, declared in substance by the Governor
at the hearing to-day. The attorneys for the Clty
Club were presenting evidence TO prove that Mr..
Ahearn had permitted emergency work on sewers
be done without the letting of such contracts as
the law requires
You need not pursue that subject further" the
Governor said. in effect II shall not remove an
elected officer from his office because he technically
violated the law in meeting an emergency. There
charges here of clear violations of the char
ter not of an emergency character. Address your
self to that subject
Martin W. Littleton, of Nh Ahearn's counsel
presented tonight n number of letters addressed
by President Ahearn TO Police Commissioner Bing-
ham. requesting police protection Of the asphalt
pavements from fires. Many OF the fires are built,
it was asserted by gangs of men working in the
streets in street railroad construction and similar
work
Daniel b Goodsell. assistant chief engineer of
Manhattan Borough; Chief Engineer Lewis OF the
New York City Board OF Estimate and Appor-
uonment; Horace Loomis chief engineer Of the
Department Of Sewers: Robert r Brennan. chief
examiner of the Commissioners of Accounts:
George b. Davis. jr. formerly auditor 10 the Bor-
ouSh President, and Henry II. Lloyd. the present
auditor were the important witnesses to-day
The hearing will continue with three sessions
tomorrow and there seems little prospect OF end
ing ii this week.
Nelson S. Spencer of counsel for the City club
continued this morning the cross-exarnination ot
Mr Goodsell. which began Yesterday afternoon ana
most of the morning consumed in questioning
the witness about the series of photographs ot
paving defects presented in support of the charges
Nelson 2. Lewis chief engineer of the New YORK
City Board of Estimate and Apportonment' fol
lowed Mr. Goodsell He was mnutely questioned
about the adoption in 1904 of the specifications for
asphalt. now in use. which exclude the use OF
Trinidad asphalt and asphalts made by the dlsulla-
ton of oils. This specification. it appeared, was
adopted by the Board of Estimate and Apporton-
ment on the recommendation of committee con-
ssting of Borough President Ahearn, Engineer
Lewis and Chief Engineer Olney of Manhattan
Borough This restriction, first adopted for the
whole city was afterward withdrawn at the in
stance of Martin w Littleton, then President of
BROOKLYN Borough from all the boroughs except
Manhattan.
Governor Hughes questioned the witness search
ingly about the origin of the limitation.
Did any city or borough officer or anybody else
ever interview you this subject? Was this your
own conclusion? Were you free TO uss your own
iudgment?' the Governor asked in series OF
questions which carried many hearers back IN
memory to the insurance investigation Of 1905
The witness said no one lad approached him on
the subject but he admitted that he had accepted
as his own though with some hesitation. the views
Of Samuel Whinnery. an eminent engineer. 70 the
effect that the oil asphaits ought to be excluded.
Il had great confidence in Mr.. whinnery's tudg-
ment" Mr. Lewis said Il believed it better than
mine. and I still believe So L fully concurred In
his views"
Pressed with questions as to the effect OF this
striction in placing the city at the mercy Of
monopoly. Mr.. Lewis said he did not believe It
would have this effect. and he would not have
favored it if ne had believed.
This afternoon devoted largely 10 the con-
tinued cross-examination Of Mr.. Goodsel, much
time being consumed in questions relative TO the
accuracy of the tests which were made of the
comparative traffic various streets. Governor
Hughes made it clear that he attached little value
to the reports of these tests, which were made
only in the daytime.
Don't you know he asked Of the witness,
that there is a heavy traffic Fifth avenue, and
only a very light traffic First avenue? In
absence of a comparison of night traffic, do you
believe any fair comparison is possible?'
1T ought TO be for the full twenty-four hours"
the witness admitted.
u don't think you need pursue this inquiry any
further" said the Governor TO Mr.. Spencer. who
was examining the witness.
The long examination of Mr.. Goodsell ended with
this question from Mr.. Spencer: What was the
condition Of the streets of the Borough of Manhat-
tan in the fall of 1862"
There good many holes in the streets or
Manhattan In the fall Of 1896 was the answer
Frederick b. Deberard statistician Of the Mer-
chants Association of New York. who testified
was recalled by Mr.. Littleton and put in the two
reports of the Mayors quas-offical street control
commission the first of them recommending the
extension Of the powers Of the Borough President
10 take in powers now held by the Commissioner
.of Water supply. Gas and Electricity. The first
report il was shown. rejected by Mayor Nc
ClelIan and this provision was omitted from the
second report.
Robert T Brennan, chief examiner for the COM
missioner of Accounts testified as to procedure IN
connection with opening of streets by the water
Department Mr.. Brennan swore that there were
eight chief examiners to the commissioners or
accounts of whom he was one
who's the chefest of the chiefs?" asked Mr.
ljttleton. this sounds like a Carolina regiment.
Are there any privates. any sub-chiefs"
Not yet" replied the witness and everybody
laughed as Mr.. Littleton added But soon
Horace Loomis for many years chief engineer
of the Department of Sewers. called TO testify
concerning another Of the City Clubs charges
that President Ahearn authorized work specific
Jobs on orders without contracts. especially in the
case of the Hickey Contracting Company. His tes-
timony related in part to work done TO meet
emergencies such as flooded sewers.
You needn't pursue that" said the Governor
I'm not going to remove an elected officer the
ground of what he did to meet emergencies,
If TO meet the emergency there was technical vio-
aton Of the law"
Mr. Strong one of the attorneys for the City Club
said: But the law does not make an exception OF
emergencies"
Perhaps not" rejoined the Governor. but 1
shall not remove elected officer because he met
emergency. by a technical violation of the
law. There specific charges here Of clear vio-
latons of the charter in instances not of emer-
gency character Let the testimony be addressed
TO that
CITY NEWS IN BRIEF.
Godfrey Quinot the chauffeur employed by
Pol u-bo