New-York tribune., 1907-12-16
AHEARN LOSES CASE.
MAYOR ACTS PROMPTLY.
aldermen to Meet Thursday to Elect
Nesc Borough President.

yesterday afternoon vacated the ln1unctlon re-
straining County Clerk Doong from inform
ins Mayor Mcclellan that the Governor had
removed Borough President John F. Ahearn
and the injunction restraining the Mayor from
calling a special session of the Manhattan al
6ermen to elect his successor
Martin w Littleton Mt. Ahearn's counsel.
said last night that he probably would ask the
Appellate Division for stay
Mayor Mcclellan last night summoned the
Manhattan aldermen to meet on Thursday OF
this week at 100 O'Clock p. m to chose
successor TO Mr.. Ahearn- The Mayor himself
Will preside and Will have vote in case of a
tie.
II no stay is granted the aldermen will do
business on Thursday. The chances are that
they will re-elect Mr. Ahearn.
The political alignment of the Manhattan al
derneD Is follows; Tammany. Ia; Repub-
licans 10: Municipal Ownership League, A.
The Hearst men, VINO. if they wished to do 1t.
could control the situation. John J. Cronin.
Harry l. Leverett, Cornelius D. Noonan and
Joseph W. Torpey- These men have not been
much in the limeiight since the election of
Recorder. nearly a gear ago They stood out
for Cowing, and Henry Clay Peters got into
trouble on account of il. Lately these men have
been voting with Tanmany. and probably they
viii do Thursday if they have chance.
If they do. the vote would be. Tammany, p:
Republicans. 10. The Republicans probably viii
cast their votes for Max s Grifenhagen who
some time ago announced that he was candi
date There is a possibility that Reginald $
Douil will vote against Ahearn if Tammany
orders the reelection of the former Borough
President D5ull comes from the district OF
which William Dalton is the leader. and Ahearn
dismissed Dalton. who Commissioner Of
Public Works, for alleged neglect of official
DUTY Dalton charged that Ahearn himself
vas responsible for the bad work in his office
Doun and Dalton are bitter toward Ahearn-
When Martin W. Littleton was seen last night
he said:
IF the Mayor had called the aldermen to act
on the alleged vacancy at the meeting to-mor-
row / would have applied this afternoon for 4
stay Putting it over until Thursday gives me
time for deliberation- The aldermen may re-
elect Mir. Ahearn- They are not compelled TO
elect a Democrat"
If the aldermen elect any one except Air.
Ahearn on Thursday IL is understood that Mr.
1lItleton will begin quo warranto proceedings
TO test the validity OF the title of the new IN
curbent There is possibility that Mr.. Ahearn
VIII not surrender physical possession of the
Office in the City Hall, and that If he IS forced
10 retire from physical possession he VIII re-
tain the books and papers. Il is expected that
afr. Lttleton viii find an Appellate Division
peal 10 the Appellate Division from Justice
Green baum's decision
The decision by Justice Green baum is long
and technical. and says that the charter in
tended that the borough presidents should be
removed by the same methods by Whch sherihS
are re:noved-that is, on filed charges with the
Governor and a notice for the accused official
to appear and defend the charges against him.
He decides that the court has no power to re
view the findings of the Governor. and that
there is no other course than dismiss the pro-
ceedings
Reviewing the decisions cited by counsel for
Ahearn Justice Greenbaum says:
The deductions to be drawn from tie adjud-
cations upon the question before us are tflat
although no binding decision can be found which
denies the absolute power Of the Governor to
remove local officer. Yet cogent reasons may
be given for reaching such conclusion 1t
may well be claimed that the Judgement of an
absolute power OF removal is aehorreilt To tne
spirit Of our laws On the other nand, the DoV-
eruor's power OF removal has never been DOUBT
ed when based upon charges affecting offlcIai
misconduct preferred against a local officer
We are thus required to interpret the charter
provisions bearing upon the subject OF the re-
rnoval OF the Borough President IN oroer 10 de-
rerrr1ile its force and scope
The constitutional provision affecting the re-
1DovaI Of sheriffs merely requires that the ac-
cused officer be given a copy OF tne chafseS
against MIN and opportunity OF pelns heard
tn his defence whereas the charter provision
contains the following words: Except that the
Governor may direct the inquiry provided by
law to be conducted By the Attorney GeneFdi.
but when the statute refers to an IN
curry" being held II seems manifest that the
legislature had in mind trial partakinS OF a
5udtciai proceeding and involving an inquiry re-
Apecting mere charges Of official misconduct.
But if 1t is TO be assumed that the guberna-
ro-Ias power OF removal intended to be
rt,,,ifed fo a case where official misconduct Is
charged, We have statute harmonious ana
consistent with the constitution and WITH the
evident intention Of the legislative body to pro
vide for the removal of the local officers VINO
duties The Legislature could have conferred
,his mower of removal upon local authorities,
,,u, 81 evidently saw ft TO intrust this grave
,e~ronsibility TO the chief executive of the state
state
Rearing in mind" says the decision that
the LEGISLATURE intended to make provision for
tre removal for cause Of borough presidents. as
- u,erl may that It did not intend to make
suxatory the home rule vouchsafed by the con-
atution. the charter provision under considera-
t1pn may fairly be interpreted as comforting
r,p,n the Governor at least the power Of
rnovaI for cause.
1.-The conceded facts before ne show tnat
charges of misconduct in office and neglect OF
official duties on the part of the Borough Pres-
dent were laid before the Governor and that the
Governors order Of removal is based upon find
inrs that these charges were true. The court
having no power review these. there is no
alternative but to deny the motions and dissolve
the iniunctions."
yawcou urAnS RAW STATE GAS