New-York tribune., 1907-12-10
4HE4RN NOT BEATEN YET
Counsel Prepares to Resist Coz
ernOr's Order.

Borough PreSi0ent AnedIN VIII ItSISh A--A-O'
from office the utmost
Martin w Iittleton his counsel last night began
Injunction proceedings to restrain the carryins oul
of the Governors order for the remoVai Oh MI
Ahearn.
Backed by Big Tim Sullivan and Charles F.
Murphy the prestige of the Tammany organiza-
ton. and with friendly justices on the supreme
Court bench in this county, Ahearn VIII use e'N''
expedient known TO the law to remain In oiiice'
The law seems 70 provide that his successor snaIl
be elected by the aldermen from the Borough oi
Manhattan There are thirty-seven of these SIX
teen are Tamnany men. six were elec'eo Oh 'iie
Hearst ticket but have Topped te Tammahy' anu
fifteen are Republicans
There is every prospect that soon as the alder
men get together they will re-elect AheaiH'
| Whether this would be contempt of the Governor
is question. The Tammany men nave looheu up
| the law and they assert that there Is ho'iiiis
against such action. II they do that Ahearn VIII
go in with clean bill of health. as he VIII nave
been removed charges and his successor VIII
have been chosen according TO law
But before II comes to election of his successor
Mr. Ahearns counsel will try TO test the conSulu-
tonaIty of the action of the Governor 1t is
planned first of all, TO bring an injunction re
straining the Mayor fron calling a meeting or the
aldermen elect successor. The law says mat
as soon the Governor advises the Mayor or the
removal of officer a president OF Dor
ough he shall forthwith assemble the aldermen Of
the borough affected and choose a successor
Mayor Mcclellan himself will have 10 preside at
this meeting.
We've got more shots in the bag" said Martin
w Lttleton when asked last night at his home, IN
Fifth avenue, what he going to DO about IT.
while l at liberty TO tell all that we
intend TO do. ] am free TO say that shall bring
injunction proceedings. Justice Cullen. in the Dew
cry case after Devery removed as chief of
police. passed of the features of consti-
tutional law analogous with the removal of MIR.
Ahcarn. Justice Cullen passed the question of
whether the incumbent of Office could be re-
moved by official other than of the same local
ity with the incumbent.
He held that the Legislature may remove
incumbent but that 1T could not delegate its power
10 other officer. He held that law could not
give the power of election to the people and the
power of removal TO the Governor. 1t is true that
the constitution gives the Governor power to re-
move a Sheriff. Mayor. District Attorney. County
Clerk County Treasurer, such power having
been in the constitution for half century but It
does not provide for the removal of a borough:
official. Justice Cullen cites Section ., Article 10
of the state constitution and that It is utterly
repugnant that any such power Is conferred by the
state"
Mr.. Littleton received telegram from Albany
at about o'clock saying that the Governor had
removed Ahearn. At about 10 O'Clock Bernard
Downing. secretary TO the Borough President went
to Mr.. Lttleton's house in lower Fifth avenue and
the two began the telephone At 10:30 Bor-
ough President and Mrs. Ahearn. who had been
theatre, whirIed up to Mr Littleton's house in a
carriage MT. Ane6rn was somewhat dgltate0, Dut
smiled when he ran into the newspaper men.
Il haven't anything TO say. gentlemen said he
Here is Mr.. Littleton. my counsel. He will do all
the talking for me-
Mr.. Littleton, MI Ahearn and Mr.. Downing after
short conference. decided 10 apply at once to a
Supreme Court justice for order directing vari-
officials as taking necessary parts in the
election of a successor to Ahearn to show cause
why injunction should not issue permanently
restraining them from taking action until the pro-
by the courts.
Mayor Mcclellan and Mrs. Mcclellan had Just
returned from dining when Tribune reporter
called at the Mayors Washington Square house
The Mayor was much surprised at the Governors
action. He never has had any personal dislike for
the Borough President. Mr.. Ahearn wrote a letter
demanding the investigation that begun by the
Commissioners of Accounts which led TO his own
undoing.
LAS / understand the law. said the Mavor. "as
soonsas receive formal notice from the Governor
1 must order the assembling OF the Manhattan
aldermen and preside at the meeting which elects a
successor. Who that person will be haven't the
slightest Idea. shall confer with Corporation
Counsel Pendleton in the morning about the pro-
ce6ure."
At the City Club, in West 44th street. last night
dinner was being held when the news of the
Governors action received The members
seemed TO be greatly pleased with the result and
President McAneny said:
The judgment OF the Governor in this matter
and his action ought to have most potent inffu-
the conduct of all future elective officers In
this city. II the failure of Ahearn to live I'D
to his common official duties in important details
that led TO the charges, and II upon these
points that the Governor acted.
The removal of President Ahearn Will have an
important bearing not only in this city, but else
where.
The decision Of the Governor shows that a group
Of citizens with a common end who will make
charges against official who neglects his official
duty and go ahead in earnest way accom-
plish results