New-York tribune., 1907-12-11
AHEARN GETS DELAY.
MAYORS HANDS TIED UP.
LitHeton Says Governor Has NO
Precedent for 4ction.

,.;-fne Mayor Mcclellan and County Clerk
r,ooiins from taking any action regarding the
Governors order for the removal or Borough
President Ahearn The order is returnaoie on
Friday before Justice Truax in Part l. Speclal
Term. when the question of its permanency Will
be argued
T, mas granted on the ground that the tax
,s.,.ers, money was involved and that the decl-
Eion of the Governor If followed by the dismissal
nf The Borough President, would lnFolVe the
needless expenditure Of money
7, Was learned last night that Mr. Littieton
u,orld soon ap7Iy for a writ of certorari Tor the
review Of the entire proceeding leaolns 10 inc
removal Of the Borough President
The Court of Appeals yesterday handed down
= docis.on sustaining the lower courts adjudg-
ing the Borough President in contempt ior re-
s,,r,,e to answer questions of the Commission
e-s 90 Accounts when the local inquiry was IN
.-ogress aIr Littleton said that ms cheh' "N'
not in danger of arrest as he was "iiiins "
comply with the order of the court
Charles f. Murphy told the friends OF MI
Ahearn yesterday that the 1amfnahs ., -
would. if Borough President Aneah shouiu ~
ro,,oyad re-eIect him as Borough President
With the help of the Hearst men, VINO iia'0
been working with Tammany for the last year
,to, ,,ara the votes to re-elect Aheafn noW' anu
.ho rsmn,anv control will be strengthened alteF
,be new board comes in. on January l. Inc
S,,,,,vans are determined that Ahearn shaii
se-,,a ont his term, and MT Murphy wouio no'
,,sl- = controversy with the Sullivans py reluS-
ing 10 help Ahearn in his hour OF neeo.
aJ.r+sn w. Idttleton worked all Monday night
in nrenarins the necessary papers 1oR ms alpi-
ca.ton 10 Justice Truax fo- a temporary 1nlunc-
tiap As soon as he got the papers ready he
ATTAINED from Justice Truax his signature
TIC men armed with orders TO serve on the
started out from Justice Truax's home TO the
homes of the Mayor and County Cierk, Inc
home of the Mayor. Washington Square
.zo-+, WAS surrounded by process servers, SO
,bs- there could be no possibility Of his getting
from, the house without running up against d
Y,rocess server who would Immediately serve
the document of restraint
The same action was taken at the home OF
County Clerk Dooing. al no. 4os west sou
s,roa+ although in his case it was not expected
that he would endeavor TO evade service
The process servers who went to the Mayors
home expecting difficulty in serving that ON
cial were disappointed. Service was reaolly
accepted by Mr.. Mcclellan Not long after the
Mayor left home and went to the City Hall.
Mayor Mcclellan arrived at his Office in the
City Hall shortly before II O'Clock. He said he
had been served with the order restraining him
men or interfering with Borough President
Ahearn's conduct of his Office. He had turned
the copy of the order he had received over to
Corporation Counsel Pendleton.
County Clerk Dooling not at his office
in the County Court House during the morning.
Borough President Ahearn did not go to Ids
office in the City Hall yesterday.
After working all night Mr. Littleton slept
until in the afternoon.
TIE orders to the Mayor and County Clerk
are almost exactly similar in the complaint and
papers filed and served. That Of the County
Clerk restrains him from receiving fling the
order Of Governor Hughes purperting or pre-
tending to remove John 4. Ahearn from the
office of Borough President. The Mayor is pre-
vented from calling meeting of the Board OF
Aldermen before Friday TO elect Ahearn's sue
cesser.
The complaint is based upon the allegation
that the Governor OF the State of New York
has no power TO remove the Borough President
Of Manhattan. This denial of the Governors
power was alleged by Mr.. Littleton when the
Governor announced his intention Of sitting on
the charges brought by the City Club.
As MIR. Littleton and his client are determined
to take advantage of every tecanicality to stave
off the removal Of the Borough President it is
expected that there Will be long delay before |
ING AiGcIIaci Oh cidHflSlLdn choose a new Bor- |
ough President. il they ever do. There is pro-
vision In the charter which says that in such
election the one elected must be Of the same po-
Htical faith his predecessor. This seems TO |
be mandatory. When Augustus ". Peters died |
and James J. Ceogen was elected as his success |
the Republicans in the board did not attend |
the meeting.
In the afternoon Mr. Littieton discussed the |
Governors action and outlined his campaign.
In issuing this order for the removal of Ber- |
ough President Ahearn." Mr. Littleton said. |
Governor Hughes has practically established |
precedent. Two unsuccessful attempts to take |
such action were made by Governors Fenton |
snd Seymour. the officials whose heads were |
wanted being Police Commissioner Thomas Ac- |
ton ard Mayer G'lnther, whom the Governors |
tried TO have placed trial County officers /
have been removed. counties subdivi !
eions of the state and such action is expressly |
provided for but municipal officer elected by |
the people ever has been removed.
Governor Hughes has given to Borough |
President Ahearn e clean bill OF health. so far
as he is personally concerned. It is a question |
whether the Governor has the power to substi- |
tute the wisdom of the Board of Aldermen for
the viii OF the people The charter provides
that II the Borough President be removed the /
BOARD OF Aldermen then sitting shall have the
power TO elect his successor. AS the extent of
the Governors power will not be determined
Until efter the present board ceases TO exist,
January J. maintain that the succeeding board |
VIII not have the power to appoint successor.
ct will be straight, hard fight. though. for
Il is not design to resort TO delay or subter-
fuge We want a straight court decision. We |
will take this thing right up TO the Court Of Ap-
peals to determine the length TO which the Gov
ernor can go IN interfering with the government |
and the officers Of a municipality of this state"
las piph. that r Hill |