New-York tribune., 1909-10-30
THE AHEARY DECISION.

The decision of the Court of Appeals
invalidating John i. AhearnS re-elec-
ton as President of Manhattan Borough
will make for better government here,
since. it will prevent the notification of
the Governors power of removal by
aldermen who sympathize with q de-
posed official When the Legislature
gave the Governor the right TO remove
city and county officers for misconduct
it could not, have contemplated permit
ting the Governors judgment TO be over
ridden by the local fUnctiOnaries charged
with the duty Of filling the vacancies
thus created. 1t would have been futile
to pass n law intended to restrain and
sober persons put in power in the cities
and counties by subjecting them 10 in
vestigatiOn and discipline at the hands
of the Governor, if that wholesome SUI
pcrvision was to be detied in communi-
ties where the machinery for making
substitute selections was controlled by
politicians bent on vindicating malad-
ministrators In such a situation the
law would defeat itself. and a Governor
applying il would only expose himself
10 insult and contempt
majority Of the Court of Appeals
two judges dissenting and one not vot-
ing-has now held that a removal on
charges should not be neutraliZed by a
reelection. for the remainder of the
term. To take the contrary view would,
as Judge Gray well said. have made the
act of the Legislature "a vain and fool
ish thing A complete and permanent
custer was necessary the prevailing
opinion maintained. to insure the attain
ment of the laws object, which was to
get rid of unfit officials That the Leg
islature did not specifically forbid re-
election was due, no doubt, 10 its inabil-
i1y TO realize that body of officials in
any city or county would be SO insen-
sible to decency as to make depOsal for
misconduct a testimonial of positive
( merit and valid claim for relnstate-
ment The Legislature could not have
! foreseen such a disgraceful exhibition as
! the reelection OF Mr.. Ahearn ut Mr.
Murphy's order There was limit be-
/ yond which its belief in the hardihood
OF Tammany could not go. Overdevotion
TO Tammany's interests and fragrant
neglect Of his duties and responsibilities
as a public servant led to Mr.. Ahearn'
dismissal But that Tammany should
openly declare that the Ahearn sort of
administration was the only sort which
the Borough OF Manhattan deserved
and should have WAS clearly not credited
| when the removal law was passed.
Governor Hughes has done New YOrii
great service by applying the law 81
as TO discipline not only officials found
I guilty Of personal corruption. but also
officials guilty of laXity. inefficiency and
Wastefulness without the faint Of per-
son2l dishonesty. The standards of local
administration have been raised by his
assertion Of the principle that public
office must be conducted as a public
trust We have got rid of two inef-
ficieut borough presidents by removal.
! One other has resigned under fire. and
III the presidents now feel that they
/ must satisfy certain tests of vigilance
and capacity or vacate their posts The
Ahearn decision takes away the last
4 defence between them and the state ali
thority 10 which they are accountable.
/ If deposed they cannot plead for rein
statement att the hands of the bosses
/ whom they have too zealously and 700
braZenly served.