New-York tribune., 1907-09-12
GOV. HUGHES'S OPINION.
Full Tert of Refusal to Dismiss
Ahearn Case.

the City Clubs charges against him on the ground
that the provisions of the New York City charter
! comforting power of removal the Governor
unconstitutional:
Section 3s2 of the greater New York charter pro-
"A President Of a borough may be removed in
other sections of this act"
The Mayor nay be removed from office by the
Governor in the same manner sherhs. except
that the Governor may direct the inquiry provided
an and after the charges have been received by the
Governor he may. pending the investigation. sus-
6sgd 9sga the Mayor for period not exceeding thirty
Article x. Section l. of the constitution provides:
''Sheriffs clerks of counties. district attorneys
and registers in counties having registers. shall
in every three and as often as vacancies
shall happen except in the counties OF HeW York
The same as those OF CITY & wner@ @ ] sTen 4lceGS @ w
four years the Legislature shall direct Sherifs
shall hold no other Office and be ineligible for the
| They may be required by law to renew their Sc
enc c n 599 ecy f to her % o if sha be- @ V
| cant But the county shall never be made respon-
sble for the Of the Sheriff. The Governor may
s % g oG 6 in n this a nef9 d2 ee Tn eT
ing to such officer a copy Of the Charges against
him and opportunity of being heard in his de-
BY reason Of these provisions Of law, charges
dent of the Borough of Manhattan | regard IT
/ duty deal with this tier without tempor-
izng or evasion and according TO my best judg-
Inc ObleCtlOn Is made that the Governor mas no
{ursdction under the statute quoted to remove the
pToyiS pTovdes u N''''ie u oi Una
AN city. town and village officers whose election
or appointment is not provided by this consutu-
ton shall be elected by the electors Of such cities
G0S by asS Gf 9f i9i sof as
1s sha bo5 asgn1fe o6 5o6 Of t6 is not pro-
vided for by this constitution and all 9ttlcers wnoSe Sc
elected by the people or appointed as the Lesls-
If the B6roneb m President Of the Borough Of Man
haitian is new Office within the meaning OF the the
Presidency may be regarded as an ONCE created
after the adoption Of the eonstuonai Pro'ision; n
election and appointment by local authorities would
do not however, deem it necessary 10 review
The agthorss up upon that queSG99 or b % sT
enee to the contention that @ ne 63ds o PeT t 0T o
| ernor may be sustained upon other grounds, al
thoasb 4en may b oc Ps s1 10 III ,ba 3rouSb President
as created under the charter and the offices which
had the[f0f2[e eHsted-that Is existed prior TO
This provision Of Section Of Article X of the
years | do not find IN the records Of the executive
that any Goye3r has % refused M n5 10 6S ah
authority any court denying the Jurisdiction Of
the Governor Aside from the question OF prac@tleal @
construction We may OF course. eo9sde6 e the me
first time But II is important to note that hltherto
apparently the right Of the Governor TO remove a
Cbaiiengad Tbe ytxht has been sustained BY the
judicial branch has not construed the constitution
In 1865 charges and specifications OF malversation
and misconduct in Office violation and neglect or
/ Governor against c Godfrey Gunther. Mayor OF
troller Of the CITY Of New York Francis I. A
Boole. city Inspector Of said city. and John E
Of the accused officers it was contended that the
Governor Featon ruled as follows:
The objections TO the Governors jurisdiction
have been earefujiy considered by me- and I am
'FirstNrhat the CONSTITUTION and the laws have
conferred upon the Governor full Jurisdiction in
'second-That the investigation may be heard
before me-
Then follow other rulings which it IS not neces-
70 9goe In the ePoTf Of this case M in the
note. following the ruling OF the case have just
The secretary then read by direction Of tie
were made AGAINST him before the hen Governor
/ This opinion declared the jurisdiction and power
of the executive as here lald down by Governor
II appears that in 1874 when charges were fled
meSer. Mayor OF the city of New York while the
j Governor was Of the opinion that the facts dis
meyer. and he accordingly dismissed the charges.
removal saying: THAT the case comes within
t an Tdy q 5o fm9gai .onded to the
It IS claimed that there IS an incompatibIty be-
ment OF local officers and the right Of the Gov
vfii9r T9fe TO TeioTe % bndGT me same conditions, no
cised in the case Of sherins IL viii be noticed
that Section. Of Article X does not expressly pro-
vide that the Legislature shall confer upon the
Governor the power Of removal The whole arsu-
ulent mace here is based upon the supposed Heces-
local authorities OF the right of election and ap-
pontment II being contended that, as has been
stated. It would be folly to lodge that right eN-
clusively with local authorities while at the
dine giving to the executive the power of removal
stitution of 1916 which in Section of Article X
thus provides for the election and appointment OF
local officers by local authorities. I'm Section l Of
Article y expressly gives to the Governor the
power TO remove all sherins clerks Of counties and
district attorneys although sherfs. clerks of
people Of the county BUT the, people IN adopting
the constitution seemed not to be conscious OF
the people of the county OF sheriff and the re-
moval of the sheriff upon charges. by the Gov
/ ernOr.
It does not seem to me that a prohibition of this
I'm conflict with the practice of sixty years
being Incompatible with local self government that
/ such a power of removal should be vested IN the
degree important that there should he such a
power Of removal vested in the executive. And
not such a power in the executive the
courts in constituting the costituton declare that
the vesting of such power in the executive. it
Fod that at he has the usdcton Which, b1 sef0 10
expressly conferred upon him by the statute
of hnd IN the very W M aoe u message s OF Governor
Portant observations upon this subject I refer
his public paners Of 1875. page Of the message
The first constitution Of this state formed in
ali local ofrcers by council composed of the
Governor and four Senators chosen every year by
continued until IT Involved the selection of ffteen
thousand officers-cv,l and military-when our pop
uIaton was nut one-thTd or It's present magnitude
Every year assembled i'm Albany. from ali parts
general scramble The srifes OF the paTis: Tor
intsnslncd ID by personal sel1shness and aggregated
tributed 30 the calling OF n convention With
formed the constitution OF 1921 WIN"