New-York tribune., 1908-01-27
AHEARN FIGHT STILL ON
JACKSON DECLINES HELP.
Committee of Fifteen Insistent ON
Speedy Decision, Ho1ceUer.

The correspondence of the committee of fif-
teen, appointed on December "a to consider ways
and for the fight against Ahearn, with
Attorney General Jackson, was given out yes
terday by President McAneny of the City Club.
This included letter sent yesterday to Mr.
Jackson.
I'VE think there is no doubt that the Ahearn
matter will be wound up promptly. said Mr..
McApeny. There is no question of fact in
volved, and an agreed case doubtless be
submitted to the court with little trouble. We
have assurances from Mr.. Litteton, Mr.. Ahearn's
counsel, that he has no wish for delay, and we
certainly have none. All the ceases our lawyers
have been able to find in our favor, and We
are assured by them of speedy success"
The committee of fifteen had this TO say:
The impression has prevailed in some quarters
that the recognition of Ahearn as de facto officer
hilites OF teIay i'm the custer proceedings. means
that Ahearn will remain undsturbed for an lndeIi-
mite time to come possibly until the ehd OF Ills
The committee of fifteen takes a very different
view. 1t believes that the question involved should
be settled within one two months at most ana
legally qualified, should occur not later than the
end of March. The committee has retained MI; Mr.;
follow fol ;y the ease cooperating where 1t can uf'
The committee advised early in its dellbera-
tions that taxpayers action to enjoin Mr. Ahearn
from discharging any of the functions of the Dor
Ough presidency would not lie. 1t has turned its
attention, therefore wholly to the action OF quo quo
courts have held that this is the only proper pro-
With a view toward expedting the proceedings.
the committee offered to the Attorney General some
Austen G; Fox and Nelson s. Spencer. who have
had much to do with the case in its earlier stages
and who prepared to serve without expense
TO the state. The committee called the attention
of Mr. jackson to the precedent set in his appoint
ment, of Clarence j. Shearn. personal counsel OF
Mr.. Hearst. as special deputy in the quo war
rsnto action brought against the Mayor
On January Il the committees of fifteen sent
the following letter to Attorney General Jack
son:
This COMMITTEES has considered at length and with
care the question of the proper course to be puT-
sued to vindcate the authority of the state and 10
TO the office of Borough President. 1t is convinced
that YOU have invoked the only efectual remedy
in commencing. as you did with such promptness
an action of quo warranto- IT is desirous of as
in the prosecution OF this action with the utmost
diligence 1t feels that the discrimination OF the
moment is "A matter of grave public concern. the
present uncertain and embarrassing condition OF all
f liz iti , IuI IN dni,bt rbn conmiftee feels
also that il represents in a sense the civic bodies
that have heretofore taken such all active part IN
against Mr. Ahearn. and that it may for that rea-
son with the more propriety ask to have p1 pard n
ing those charges. .
with these facts in mind, and believing also that
it may be material relief to you IN the conduct OF
your important office If you may have the asSlsI
of attorneys who have been ldeltlneu Win
it ventures TO suggest that 1t will be pleased II you
Generals such two gentlemen. members OF our
bar, upon whom we may agree 10 undertake, ,4t; ~
der YOUR supervision, the active conduct of the ht
ESton d,d anu 10 tIet thn CoVern0r would be pleased
" annoint Such deputies if the suggestion meets
with your concurrence and if. for any reason you
should prefer to have him do so. .
dence as aware that this Is a funGtoh no'
Gently so exercised in the of the action OF quo
warranto instituted by you against the present
Mayor OF the CITY
To this the Attorney General replied thanking
the committee but assuring 1t that the AhearIl
case was "a mart of the ordinary routine of the
office TO be performed by myself and deputies
Then the committee sent the following le''ei
yesterday to Mr. Jackson:
Dear Sir; We beg to acknowledge ,,d receipdt fd 2f
your telegram OF the 23d instant al repons to the
suggestion made to you two weeks ago tilat you "
Spaciai deputies to conduct without expense to the
state the proceedings instituted TO test the TlgnL
in the face of the Governors act of removal; and
We note that iona you are bsf be disposion of the
case of the People agt AheaTn should he a @ par. !
of the routine work of your once 10 DE perloi'Leu
by yourself and your deputies $1,000 80 .bts
We regret that you should have arriyed ed az tns f
low in this proceeding the precedent that you had al
You against the Mayor. wherein you retained Car ar
enCe Sheam to conduct the case IN Whcn lhe
once
our regret is based primarily upon the oelle1
that in view of the multifarious duties or your
office and the limitations of your othcla! stan II
viii be difficult TO conduct this proceeding with
tho exnadition which the Importance and urgency
of tho matter require Mr.. Spencer Is familiar with
the ca So in all details as the result OF MS
sGriG9 S6Sdrn as re@oTa and M m Mr FoS relations with
our present committee have famlliarlzed hn also
with the points the case involves Both tneSe
gentlemen were ready to devote their undivided
fiu,e and attention the matter until II should be
brought to its final conclusion Indeed IN view OF
the Statement which understand has been MADE
sire other than to cooperate In bringing apout a
sncedy hearing of the issues involved, we cannot
bt feel that If vou could have your way clear
TO the adoption of our suggestion Wheh II was
Frst made the case might he further advanced
toward a hearing than it now Is. ana the PUBIC
might now be in position to expect an auIhorl.
tho termination of the present dsgracefuI Sltua-
tiou within a fairly short time
We trust. however. that our belet tldt any con-
siderable delay will result from your deterIfna ton
not 10 avail Yourself of the services of Mr. FOX
and Mr. Spencer is i'll founded. To know that you
realize the gravity of the case from tne punuc
co-e that Instituted by you can Mr. Ahearn be
removed or his right to his office adequate Test
cd. and We have doubt that you VIII do every
thing in your power TO brlns the matter " q
creedv q that. in view OF the statement
made by Mr. Ahearns counsel that they Will ttcll
+ate the nron1pt determination of the questions of
Ia w involved you will be able to procure Submls-
sion of the question to the Appellate DIVISION
within the next thirty days
we note with pleasure your statement OF appre-
citation Of the offer which you are declining ana
vour readiness accept any suggestions or assist
anca from the gentlemen named by us that they
NAV deem of value; and in pursuance thereof We
furnish Ms at as early time as may be pract1-
cable with comics of the papers in the case ana
with statement of the proceedings hitherto taken:
in order that We may be IN posltioh 10 renuer
I-C, every assistance within our power