New-York tribune., 1909-07-15
FOR HAFFEN'S REMOVAL
SPECTAL, COMuISSIONER
REPORTS TO GOVERNOR.
Bases Recommendation on Three
Charges of Misconduct as
Borough President.

Thus decides Wallace MacFarIane the spe-
cfal commissioner appointed by Governor
Hughes to hear and report on the charges fled
against Louis F. Hanen. President OF the BOr-
ough OF The Bronx. The report, which was fled
with the Governor a week ago, was made public
yesterday
II is believed that II the Governor removes
President Haffen the latter will be reelected
by the aldermen from The Bronx. All eight
members Of the board from that borough are
Democrats. and owe their election to President
Hafen- This would duplicate the history Of the
case Of Borough President Ahearn who was re-
elected by the aldermen from Manhattan to MI
the vacancy caused by his removal by the Gov
ernor. The legality of this procedure is now
before the courts
When seen at his home last night President
Hafen said he had heard nothing about Com
missioner MacFarlanes report
'If IT is true about this report" he declared
'all right My conscience is clear and won't
trouble me. II my record Of twenty-seven years
In Office in The Bronx is looked into I know
what the report will be. but Of course, they are
dirty lot Of politicians down at City Hall"
Mr. Haffen refused to go more into detail
Asked if he had heard nothing from his coun4
sci in regard TO the case. Mr. Hanen said Mr..
Van Doren had told him over the telephone thas
he had some papers of great importance to him
which he was looking over.
Didn't you ask him what the papers referred
to- Mr. Haffen was asked "Oh. no. said he.
Il was really too busy with important matters
Louis o. Van Doren. counsel for President
Hafen, said last night that whatever he or the
Borough President had TO say regarding the
findings Of Mr. MacFarIane would be said 70
the Governor at the proper time.
We assume" said Mr. Van Doren. that the
Governor will either grant public hearing to
us or will ask us to submit briefs"
John Purroy Mitchell. Commissioner Of Ac-
counts, who had charge Of the Haffen iuvestiga-
tion. said he felt keen satisfaction that the find
ings of his Office had been upheld by the special
commissioner Of the Governor
COMMISSIONER mitchell PLEASED.
1T is not enough now for public Official to
keep outside the criminal lines in performing
his duties" said Commissioner Mitchell. He Is
under obligations to keep his work and subordi-
mates up 10 certain standard Of efficiency. II
he fails in that he must know that he is ac-
cOuntable TO the head of the government This
Office has justified its creation in institutinE and
carrying to definite result the investigation OF
the affairs Of the Presidents Office in The Bronx
The present administration in prosecuting NAL
feasance In office has sat precedent"
Mr. MacFarlane. after saying that President
Haffen has been guilty OF misconduct which
should subject him to removal, SAYS
The respondents term or Office will expire in
few months. and a borough president must be
chosen at the approaching general election in
November How far this impending political
situation. Irrespective of the force OF the evf-
denCe in this proceeding. NAV affect the ad-
visibility OF removal OF an elective official is
consideration rather beyond the scope Of my
commission and may properly be left 70 the
Judgment Of the executive power.
OF the twenty-five charges preferred BY the
Commissioners of Accounts. Commissioner Mac
Farlane recommends the dismissal Of nine in
their entirety and OF two in part In regard to
four charges. he finds them not Of sufficient
gravity to warrant a recommendation Of re-
movaL -Four other charges he finds TO be more
serious. but ne says he is inclined TO give Presi-
dent Haffen the benefit of a doubt raised by dis
putes as to essential facts.
THE MOST IMPORTANT CHARGES
1t is on the questions involved in the
thirteenth. fifteenth and sixteenth charges that
he Snds the Borough President guilty OF mis-
conduct which should subject him 10 removal"
They substantially charge the defendant with
serious personal misconduct says the report
and if any of them has been clearly proved. a
proper case for removal will be presented" The
thirteenth charge was as follows:
He has permitted the use Of specifications for
Il contract subsequently executed in March, 1905
for the building of the Bronx Borough Court
house which in effect restricted cOnpetition
by plainly designating preference for par
tcular granite. 10 wit: Bucks HarbOr-tO be
found only at a certain inaccessible quarry in
Bucks Harbor. Me. in which quarry his po-
htical associates were interested
The reference to political associates was to
William E Morris former alderman and Dem
ocratic leader in The Bronx. who was inter
ested in the Bucks Harbor quarry. The com
missioners finding on this charge is:
MY conclusion from the testimony and other
evidence presented by both sides this charge
is that there was great deal OF political JOB
berry connected with the use Of Bucks HarbOr
granite in the construction Of the courthouse and
in the references to that material in the speci-
hcatiOnsS I convinced that IT was the desire
of the respondent to award the contract to some
contractor who would that granite. and that
a favor to Mr.. Morris he made the lease OF
the quarry without sufficient investigation Of
the responsibility of the company operating 10.
OF the accessibility of its situation or Of the
effect that the use of granite from this quarry
would have upon the contractors ability TO per-
form the contract 1 find also however. that
the language of the specifications does not neceS-
sarily restrict competition
IL his summing UP Commissioners MacFarIars
says of this charge:
1t has not been proved as alleged but enough
has been disclosed to show that the respondent
has in this matter subOrdinated his duty as q
public official 10 his political friendships anC
personal interests. great building which, oy
traditional usage. by its intended purpose aEI
by the great expenditure contemplated, should
be one of the most conspicuous public monu-
ments in the borough might properly nave m
vited the competitive zeal OF tne most OlStlu-
guished architects in the profession: but tfe
respondent. by abuse of power. delivered THIS
great undertaking into the hands or an lnnuen-
tiaI political ally. professionally wholly unquaii-
fed for the task
RESULT OF THE GRANITE CONTRACT
To oblire another political friend. he caused
the stone to be used in the construction OF this
building to be obtained from a quarry in Maine
hitherto unknown in New 4ork; IN Very .l.. ma