New-York tribune., 1907-09-11
AHEARN CASE OPENED.
HUGHES BLOCKS DELAY.
Decides He Has Jurisdiction, and
Orders Continuance Friday.
tBy Telegraph to The Tribune.

BY Telegraph Tribune.l
Albany Sept 10.-An effort to delay the hear
ing on the charges preferred against John F.
Ahearn, Borough President of Manhattan. by
the City Club of New York was blocked by
Governor Hughes this afternoon, when he de-
MED the motion of counsel for Mr. Ahearn to
set aside the proceedings on the ground of lack
of jurisdiction. A suggestion to hold the hear
ing in allegiance until the Court of Appeals had
passed on the questions raised was not accepted
by the Governor, who proceeded with the hear
ing until adjournment taken to Friday
next. at p. m.
When the hearing was opened to-day Martin
W. LIttIeton. appearing for Mr.. Ahearn, at once
questioned the Jurisdiction of the Governor 10
proceed. He raised the following contention:
The said John F. Ahearn appears specially
and only for the purposes Of this motion. Whlch
is hereby respectfully made that the notice
issued herein by the Governor, requiring the sdi
John r. Ahearn to appear and answer the SAiu
charges, be vacated and be set aside. and that
the proceeding be dismissed on the ground uiaI
the Governor has jurisdiction nor authority
to hear said charges, to issue said notice
nor remove the said John r. Ahearn from MS
office as President of the Borough of Manhat-
tan, in the City of New York, for the follo"lh6
reasons;
charter assume TO confer upon the Governor OF
the state absolute and arbitrary power to re-
move the President of borough OF sald clty
without cause and without evidence 10 suppoIt
charges made against him. and such PROVISIONS
CT the charter are unconstitutional ana Vold IoI
the reason that they are inconsistent with ana
repugnant to the home rule provisions of Article
Y of the state constitution and particularly or
Sections I. and thereof. which. among other
things. provide that the President of borough
of said city shall he elected by the electors OF
such city of some division thereof or ap-
pointed by such authorities thereof as the Legis-
lature shall designate for THAI purpose
Second-The provisions of the greater New
York charter relating to the removal from OF
flee of the President of a borough Of said city
do not provide for the removal OF said officer
for misconduct malversation in office. and
therefore are not authorized. but, on the con
trary, implicitly prohibited by Section I OF
Article Y of the state constitution.
Third-The powers and duties Of the office OF
President OF borough OF said city are local
and legislative. and therefore legislation pro-
vidinE for the removal of such officer Is not
authorized by Section 1 Of Article OF the
state constitution.
Fourth-An the substantial functions Of the
office OF President of the Borough Of Manhat-
tan were lawfully exercised by officers under
other names before the adoption of the state
of the amended state constitution on January !,
1899. and said office, therefore ls not new
Office created after the adoption Of either Of
said state constitutions.
Fifth-No provision Of the greater New York
charter Of any other statute. nor Of the
constitution OF this state authorizes the Gov
ernor Of the state 10 remove the said John F.
Ahearn from HIS Office President of the
Borough II Manhattan. and this proceeding is
constitutional rights Of such officer and Of the
people upon whom have been devolved the duty
the said Borough Of Manhattan.
Nelson s Spencer. of counsel for the city
Club, contended that fl was not the intent of
the constitution Of the state 20 enact any such
provision against the removal Of any officer as
raised by Mr Littleton. Charles H Strong. also
appearing FOR the City Club argued along the
same lines
GOVERNOR WAS PREPARED.
Charles 4 Collin Of counsel for Mr. Ahearn.
suggested that the questions raised be taken be-
fore the Court Of Appeals FOR an Interpretation
Suppose a sheriff Of a county was charged
with wearing cutaway coat would the Gov
ernor have Jurisdiction to remove him?" asked
the Governor of Mr.. Collin. Il think not" was
the answer
II vas expected that the Governor would give
the questions raised by Messrs. Littleton and
Collin several days deliberation but the Gov
ernor evidently had prepared himself for such
an emergency. With number OF books before
him he at once began TO read from various
records.
Il regard il my duty 10 deal with this matter
without temporizing or evasion and to my best
judgment. | do not find any records in the
Executive Department where Governor has
refused take action on these grounds. nor do
find any authority on It. Hitherto the right
of Governor 70 remove a local officer where
statute conferred such powers upon him has not
been challenged"
The Governor then went into the proceedings
taken in 1860 remove c. Godfrey Gunther
and other officials OF New York City and also
in 1874 to remove William F. Havemeyer as
Mayor of New York City. Il will hold that I
have the power and that it is in accordance
with nv duty TO proceed said the Governor in
conclusion.
Mr.. Lttieton said he not ready to pro-
ceed but the Governor insisted. and Mr.. Little
ton then entered a demurrer 10 all the charges.
Mr. Spencer then went into the charges. and
after he had finished Mr. Strong offered evi-
dence the proceedings before the Commission
ers Of Accounts. Mr.. Littleton objected 10
such a procedure until Mr.. Ahearn had filed
an answer in defence of the charges
The hearing was adjourned at this juncture
without ruling by the Governor as to the
receipt of these proceedings. The Governor then
announced an adjournment until Friday s
O'Clock p m as he had to leave almost i'm
mediately for Saratoga
Mr. LittIeton was evidently surprised when
suddenly the Governor said that he desired the
hearing TO proceed with ali dispatch. and that
he would not tolerate any delays. Mr.. Lttleton
denied emphatically that he seeking any
undue delays Mr.. Ahearn was an interested
spectator throughout the proceedings
At the conclusion of the hearing Governor
Hughes informed Mr.. Ahearn that he would call
on him TO state his side OF the When Mr.
Abearn takes the stand he will be questioned
as TO his transactions and some spicy testimony
is expected. 1t reported tonight that Mr.
Ahearn would make 1t interesting for certain Of
fcials OF New York. It also said that
sci for Mr.. Ahearn considering the advisa-
bility of trying to enjoin the Governor from