The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-12-11
AHEARN TO FIGHT
TO RETAIN HIS
OFFICE
Deposed Borough President
Halls Governors Action
ALDERMEN MAY REFLECT HIM
Bitter Legal Battle to Follow Hughes
Dismissal Of New York Official For
Neglect OF Duty.

NEW YORK. Dec. 1.-THE refusal
of John +. Ahearn to submit passively
to removal upon charges from the Of
flee of borough president Of Manhat'
tan by Governor Hughes has brought
about situation out Of which may
grow legal fight Of moment as well
as a lining up of partisans which will
show to what extent the action of the
governor Is supported by public opin-
ion.
Counsel for Ahearn have secured
and served temporary injunctions re-
straining the county clerk from filing
the governors order of removal and
the mayor from presiding at meeting
of the board of aldermen for the cleo
ton of successor to Ahearn. The
order is returnable Friday, when an
effort to make 1t permanent will be
opposed by the corporation counsel,
thus in sense arraying the forces
friendly to Mayor Mcclellan and In
this instance to the governor against
Ahearn, who has the open and power
full support of Tammany Hall.
Should Ahearn's court action fail
and he be removed finally the board OF
aldermen. it is confidently declared in
Tammany circles, will Immediately re-
elect him borough president. Tam
many leaders before now have de-
clared that Ahearn would be reelected
as fast as he was removed. but wheth-
err this threat will be carried out in
the face of the governors action Is
problematical The present makeup Of
the Manhattan membership OF the
board. upon which devolves the duty
of filling vacancy, is seventeen Dem
ocrats, sixteen Republicans and four
Municipal Ownership men.
The latter have recently acted gen
orally with the Democrats, but could
If they would throw the balance of
power to Republican faction united
in support of the governor. Ii is quite
likely, however, that the court pro-
ceedings will drag along until Jan. /.
when new board overwhelmingly
Democratic will take Office.
Another question raised by Ahearn's
friends is whether Governor Hughes
would have power to remove him u
second time on the same grounds were
he reelected by the board. One Of the
attorneys interested said:
IF u close construction Of the law
had the result of tying the governors
hands so that he couldn't keep an otii.
Ger he had removed out of office, 1t
would of course be a notification Of
the real intent of the law. There Is Il
nice legal question involved here, but
1t seems as though the courts might
construe 1t to mean that the reasons
which justified removal in the first in
stance would apply equally to man
appointed merely In an effort to evade
the law"
The decision Of the court of appeals
at Albany that Ahearn and his sub0r-
dinates must answer the questions Of
the commissioners of accounts the re-
fusal to reply to which at the original
hearing resulted in orders of arrest
for the witnesses further complexities
the situation. II Ahearn Is removed he
will be placed in the position of being
compelled to testify against himself
after he has suffered punishment I'M
der the charges preferred. The mayor,
who sent Ahearn's case to the govern
or, recently announced that he would
institute investigations Of the admin
istrations Of the other borough presi.
dents.