New-York tribune., 1908-09-01
CASS[DYAFTERGRE
CONSTITUTION CITED.
Question of Election This Fell or
Neat Man affect 4hearm.

Joseph Cassidy former President of the Bor-
ough of Queens said yesterday that he intended
to mandamus the Board Of Elections if neces-
sary to compel it TO order the election of
cessor to Borough President Gresser of Queens.
Mr. Cassidy is not insistent about retiring Bor-
ough President Ahearn OF Manhattan from the
City Hall. but he is after Gresser's job. and he
seems to think the best way to get it is to have
his successor elected this fall.
Borough President Ahearn was removed by
the Governor after trial by the Commissioners
OF Accounts and the Mayor. and was promptly
reelected by the Manhattan members of the
Board of Aldermen for the unexpired term. Bor-
ough President Bermel resigned last April and
the aldermen from Queens much to the disgust
of Mr.. Cassidy elected Gresser. instead Of Cas-
sdy, to the vacancy.
According to Mr.. Cassidy's information these
so-called elections give the present fncum bents
title to their respective Offices only until the end
of the present year. 1t is said that Mr.. Cassidy
has consulted two of the best lawyers in Queens
and that they support his contention that new
borough presidents must be elected this fall.
Article 10, Section 5, of the state constitution,
reads
The Legislature shall provide for filling va
cancies in Office. and in case Of elective o1fcers
person appointed to fill vacancy shall hoid
his office by virtue of such appointment longer
than the commencement Of the political year year
next succeeding the first annual election aIter
the happ pening of the vacancy.
Article -, Section g. of the state constitution
reads:
A elee9 ellee9ns a 9f et ety Seers Seers
visors and judicial officers of inferior local
courts elected in any city or part of the city,
and of county officers elected in the counties
of New York and Kings, and in all counties
whose boundaries are the same as those or 1he
the Tuesday succeeding the first Monday In NO
vember in odd numbered years and the term OF
every such officer shall expire at the end OF an
odd numbered year
When Mayor Mcclellan, on December 10 last,
summoned the Manhattan aldermen in special
session to elect successor to Mr. Ahearn he
acted on the advice of the Corporation Counsel
who had made thorough study of Mr.. Ahearns s
status After stating the time and place OF
meeting the purpose Of the call was set forth
follows:
For an election Of a President of the
Borough of Manhattan Of the city OF New ork;
to fill the vacancy caused by the remoVal vi
said John F. Ahearn and for the unexpired term.
which will end December 81, 1909
When the attention of Assistant Corporation
Counsel Sterling was directed yesterday to the
proposed attempt on the part of MI CASSIDY 10
force an election of borough presidents this fall,
Mr.. Sterling said:
without giving an opinion, or what might
be construed 20 opinion might say that
the general impression is that the language or
the state constitution with reference to the NIL
ing of vacancies in elective offices reters 10
state Offices. 1t is a broad and open question
suggested by Mr.. Cassidy and one that VIII
have to be taken up in case mandalnus Is
issued"
Mr.. Sterling called attention to Section OF
Article 10. of the state constitution. which says
that nroyision shall be made by law Tor the re-
n,ovaI of all officers, except Judicial. he also
referred to the fact that the state constitution
provides for the election Of municipal officers IN
odd years only. He admitted that there WAS
more or less Of a conflict between the state coh-
stftution and the city charter with reference 10
thA office of borough president Section 3Sz
of the charter which defines the status OF the
borough presidents. says in part;
Any vacancy in the office Of President caused
hv removal from the borough or otherwise, snail
be filed for the unexpireo leri . ny an ot nf oil
such vacancy, made by majority vote OIL I'll
the members of the Board of Aldermen then IN
office representing said borough, and in case OF
anv such vacancy it shall be the duty OF the Mayor
forthwith to call such members in session for
such an election and to preside thereat; put ne
shall not vote unless his vote be necessary 10
decide the election
Commissioner Page, of the Board of Elections,
Yesterday thaC he ndu Iediu hNeiiiii6 Va
Mr. Cassidy's contemplated move. At Tammany
Hall if was said that Cassidy was not acting
with authority of the Tammany law committee
Surrogate Daniel Noble of Queens, VINO nVes
in Jamaica made the discovery that certain sec
tions of the state constitution conflict with pro-
visions of the city charter under which Borough
Presidents Gresser and Ahearn were elected
by the aldermen of their respective boroughs
He went carefully over the matter, once his at
tention was attracted, and thinks he has made
an important discovery.
Shortly after Surrogate Noble discovered the
difference between the state constitution and
the charter upon the election of borough presi-
dents former Borough President Joseph Cas-
sidy. who is fighting in Queens to regain con-
troll of the Democratic machine. called to see
him. Judge Noble showed Cassidy the appar-
emily conflicting sections. Cassidy grew excited
and went post haste to Manhattan to con-
suit with Charles F. Murphy. The latter was
iubilant at first but his glee may have cooled
somewhat when he recollected that the question
will affect Ahearn as well Gresser, the latter
of whom Murphy IS fighting. Murphy referred
the matter to Daniel F. Cohalan, who expressed
the opinion Cassidy says, that there was no
loophole by which election for a borough
president in Queens and Manhattan could be
avoided this fall.