The evening world. Newspaper, December 10, 1907, Page 5

q i “| ~~ All-the Courts, { AHEARN GETS COURT ORDER T0 DELAY REMOVAL Borough President Obtains In- Junction Against Carrying Ou: Gsvernor’s Directions. TAMMANY IN THE FIGHT. | Complicated Legal Fangle is Will Be Carried Through { Borough President John F. Ahearn jwentinués to hold his office, despite the it of Gor. Hughen, deposing him. ror “McCielien and | County ‘ Clerk er-J. Dooling have been restrained Iyy Justice Truax of the Supreme rt, from taking any steps toward jwarrying out the instructions pf Gov. hes, and President Ahearn, backed ley the Tammany organisation, will | jearry the fight into the Court of Ap- Pending « final decision, Mr, Ahearn twil simply hold“nominal control over ite office. He will not take part In the ting of the varlous city boards and feommisatons of which he is a member. the Ught of tte restraining order ed by Uustice Truax, it would ap-| |pear that the effort of Goy, Hughes to lwemeve the Borough President would jresult in a most complicated legal ‘tangle. | ‘The erder served on me,” said Mayor McClellan, “restrains me from Fealling @ special meeting of the Board} wt Aldermen to elect a successor to |Mereugh President Ahearn. County hark Dooling’s order restraina him from making a record of the Governor's erder of removal or eertifying the} (aime to me or the Boart of Aldermen.’ Orders Signed by Truax. | The orders issued by Justice Truax’ lqvere signed at his home at 5 o'clock \@ls morning and were served on the |Mayor and the County Clerk at their! [homes They are returnable on Friday jmmorning In Part I. of the Supreme | Court before either Juatice Glegerich or | Justice: Greendaum. The Mayor will be lwepresented In that —hearing by the liCorporetion Counsel. , Martin W. Littleton, counsel for Bor- jpesh President Ahearn, vat up all Haight with a corps of stenographers [preparing the restraining orders. He fwannot serve any sort of an order on ithe Governor, but the action he has |eaken effectually blocks the Governor's Wiceign in removing Ahenrn until the Jeourts haye passed upon his power, | “In thie instance," sald Mr. Littleton at his home, “the Governor has lected like a king or a crar, We will not <(@ubmit to his high-handed ection. It is jeur, intention to take this thing up to ithe Court of Appeals for determination Ime to the length the Governor can go in \pnterfering with the government and the joers ef a municipality in this State. Can't: Enjoin Governor. | put there Is no way to serve a writ! lum the Governor, In @ matter such an feb js protected by almost regal Our only course was to get or- \Sere restraining the Mayor and the Woumty Clerk from taking action, The prieré were issued on application of Bames MoMahon, a taxpayer. “In erdering the removal of Borough (president Ahearn Gov. Hughes: haa es ed a precedent. County officers been removed by the Governor In past, but never a municipal officer, by the votes of the people. “J expect to beat the Governor's un- rranted and arbitrary order by a }uirect appeal to the laws of the Stute, |. We will ask the Court ef Appeals, If Jmecessary, to detormine !f the Governor Wan act aside the expressed will of the ipeopie, “Gov, Hughes admits that he did not {@nd any personal corruption in Presi- Gent Ahearn's administration. It js «. J question then whether the Governor has the power to substitute for the will of ithe people the wisdom of the Board ‘ef Aldormen, “The Charter atates that In the evant wt the removal of the Borough Preaj- dent for cause the Board of. Aldermen ithen sitting shall have the power te lect @ successor, The present Board Aldermen goes out of office on Jan. 42. The question of tho power of the |Governor will hot be settled by that jtim I maintain that succeeding Board of Aldermen will have no power twhateyer in the matter. } “However, 1$ is not our design to re- port to delay or subterfuge, We want j@ straight court. decision, and we ex- vpect to get it trom the highe: pe the State.’ ry eas Backed by Tamniany, | Temmany Hall ts backing Pres! Hhearn with all ita resources, Binee the fowret or split with Charles’ F, Murphy. the Borough President's office, with ita Im- ies Patronage, has been about all that Tammany could control, The or. Pwanisation has two reasons for fighting \the Governor's order, It does not want man in the office of Borough President born would be controlied by the Mayor, 4 tt does not want the right of the iGevernor to remeve municipal officers jo stans. {, The “altuation in the Ahearn case Is eomplioated by the fact that Borough President earn ai th le@ics, Hie re-election Is taken as a mark of the approval of the people of this eaministration, + It remy be stated upon good authority jehet xm case the removal of Borough [President Ahearn ‘s upheld dy the jeourta'(t la not the intention of Tam- |many Hall, through its control of the ‘Board of Aldermen, to name him again for the office from which the Governor {baa deponed him, ®uch a plan hes ‘een talked’ of, but none of the real in the organization ts in In cano the Supreme Court Juatics ang in Post 1. next Friday should men are pretty evedly divided politically, \The Municipal Ownership men bold the said to Ge prepared to stand..by Tum- a THE EVENING WORLD, yaoate the orders tasued by Justice Truax the election of a successor bo Mr, Ahearn would be immediately passed up to: the Hoard of AMerinen, unlesa Mr. Littleton could got another order to halt proceedings again. It is not considered Ikely that the Supreme Court of this-county will attempt to finally decide the quostion of the right of way of ths Governor to remove the Borough President. The problem, it te. believed. will be pasred along to the Appellate Division and then up to the Court of Appeals, < If the hearing of the charges against the Rorough President had resulted in establishing his personal guilt in mia- managing hia oMfce the fight In ‘his be- palf would not be so energetic. But Mr, Littleton, at the. beginning of the hearing In Albany, questioned the pow- ler.of the Governor to hold it, and all through the ! proceedings introducod legal obstacles of value In caso he should have to appeal. He maintains that whataver of apparent misconduct thero may have been was forced upon the Borough PreaiJont by provisions of the law and the treason of his own ap- pointees in whom she had perfect conf- dence, d Wants Early Action, Mayor. MoCiellan {8 naturally anxious to have the preesnt Board of Aldermen appoint a successor to the Borough President. The choice regts with the Manhattan AKermen, with the Mayor Presiding at the election meeting and erpowered to cast the deciding baliet in’ Game of a tie vote. ‘Aa at “present constituted the Man- battan members of the Board of Alder~ |There are thirty-seven members from |Manhattan Borough. Nineteen, or two less than the majority are Republican, sixteen are Temmany Hell men and four are Municipal Ownership followers, balance of power, Ttiree of them are many in yoting for a successor to Ahearn. The Board of Aldermen elected Jas* lovember to take office on Jan. 1 is overwhetmingly Tammany. |. AHEARN MUST ANSWER, SAYS APPEALS COURT. ALBANY, Deo, 10—The Court of Ap- peala thts aftornoon handed down a decision adverse to Borough Presiden} Ahearn and several of his subordinates in the borough government of Manhat- tan, as ‘to thelr testifying before the New York City Commissioners of Ac- counts, The Court suntaine the ourts below in ordering the asrest of Ahearn and the Chief Engineer of the Highway Bureaus De ent (of! Publi! Bulla: ings and « of of is, un- ti isey: shall anewer the. pertinent’’ questions of the Commis sioners of Accounts, ‘The case grew out the inv: mn of the Horouxh Preaidonts office, which finally resulted President's removal by Gov. KROONLAND IS LIMPING TOWARD A BRITISH PORT Liner With Broken Shaft Is Expected to Make South- ampton To-Night. SOUTHAMPTON,. Dec. 10—The Red Star ‘line steamer Kroontand, which yesterday sustainéd a broken shaft, is expected here this evening, She will be drydocked for repairs, Her passengers wili be transferred to the Majestic, which Jeaves here to- morrow for New York via Cherbourg, The Kroonland was this morning jy. ing hove to six miles southwest of the Needles. She was flying the signal “Not under control.” ‘ An hour later she started to come HAT! the eastward, with the slgnal The ‘Antweco. Deas 1 for shaft was beoken ale. BGR WL WILL GET ALIFE SENTENCE Coming Back From Sing Sing to Have Extreme Penalty Imposed. a heavy, Bhe sea I ORES ocTew veasel. (rectal to The Drenine Wort.) WHITE PLAINS, 'N, James Murray, a burglar, who has been convicted five times and hea just been sentenced by County Judge Platt to Sing Sing Prison for one year and «ix months, $e to be brought back to White Plagne and resentenced to prison for the Temainder of his natural lite, Murray wil receive this sentence un Ger the provisions of Gection 746 of the lawe of 197, Sheriff Lane was called upon'to have Murray F ed and sentenced under, the of this law, which makes conviction a life sentens, visions fourth |/ burg! ising a sticon in Yonkers, He in forty-six years Sheriff Lane will go to Bing St0¢ | hie, prison to-thorrow to bring Murray ba: to White Plains for his long sentence. “What's that? - Want some for you The Bosrem Co. over at Battle Creek makes it pretty can eat all you want.” Easily the ‘most vour of any flake food known. Be sure the food Elya h's “All mine honey we'll save some comes:to the table the moisture of the air makes it tough, In EE Ge CG ili good and you delicious fla- directions on pkg., then it is delicious, | Bh “Grocers sell large Family size oe et Bc og ¥., Dec. 144 cn ertep, When package is allowed to remain open such case insist that it be dried in an oven as per ALFRED 1, DOWNES: DIES OF PARMA | Former Newspaper Man and Fire Department Secretary {11 Only Three Days. | } | r Alfred M. Downes. secretary of te! Tire Department under Commlssrners Hayes, O'Brien and Lantry, a former | newspaper man and prominent figure | jJn New York's political life, diod earty | to-day of ‘pneumonia at his home, No. | 109 West Beventy-cighth atrect. He Is aurvived by a widow, who was at hir side when he died, and-neveral brother and sisters’ who live.m New Haven Conn. | Mr, Downes left ts office Saturday complaining of pains about his heart He. stew weak when ne reached ‘his home aad « physician was called. Pneu-| monia developed rapidly and death oc-/ curred to-day, Downies's death caused muct: gloom’) about Fire Headquarters, thy flag | above the buliding boing at half-maw:. by Commimfoner Lantry's orders. i “Aly Downes, as'he was familiarly’ known, was born at New Huven, Conn.) forty-eight years: ago.’ He completed law course at and served an ap- Prenticeahip on New Haven newspapers, Five years after his graduation from Yale he came to New York and took! up work as @ political writer on a New York paper. 5 When Mayor Van Wiyckwas looking for @ secretary Dow! mended to him: His wan the fre ‘ap: polntment: officially announosd by the first Mayor of Greater New York Downes married Miss Anna Margaret | Dougherty in February, 1898, the oc sion being a political years was embodied in his first book, “Fire Fighters and Their Pets,": will be published next week, Siam bich a VETERAN PASSENGER Farm to Be Site of New State Prison, C. —. Lambert, general passenger agent of the West @hore Rallfoad for! many years, and lately retained by the company in an advisory oapacity, died | to-day at his home in Thiells, Rook- wept tort Death was due to pneu-| mont wes one of the g ick conveyed his whioh located. He recetved Manna au | AGENT LAMBERT DEAD. | Last Business Act’ Was Sale of| TUESDAY, / aces oa. Bar ™, z | for Breakfast?” || | [No ICONNECTION TWO each made T°: day, will be given’ free Trading Stamps. Nickel Chafing Dishes wrought fron —with Chafing Dishes — all ( nickel; a 3-qt. $4 25 | size at ...... 5 o’Clock Tea Kettles— - Copper, Ateesesceseess, 91,89 Nickel or Copper Chafing Dishes —3-pt. size; non-explo- sive; different styles; at. $4-20 Nickel Soap I shee asics cial af.. 60c 0) err—apecisl gre Nickel Glass — Brass or nick Nickel Towel Bars—18-inch, special at. Seti cons! ih receiver, ing of clgar holder, lamp, and match $4 Mickel Ash Receivers and Match Stands—combined;, special 45¢ Trading Only one set of complimentary stamps - it. Raffia Baskets — all UES $2 cup to "Candlesticks at 95c An Inexpensive but Ac- ceptable Gift ‘OU couldn’t equal these in any other store in New York at 95c. / They are tall metal candle- sticks in an- tique brass and antique copper _ fin- ishes; fitted complete with shade holder, candle and metal cui- rass shades, with silk fringe lin- ings; in as- sorted colors; complete out- fit to-morrow e2!Y 95¢ for... (Steel Cooper Store, Third Floor, Fromt) Our Toy Catalog Tt will be sent free to persons living outside of our regular wagon delivery limits. Requests_can be made by mail or ’phone. Get Your Groceries Here---and Same Money OU can greatly reduce your household expenses and enjoy the best foods the market affords if you buy here.i)Mall and _ telephone orders filled promptly. Smoked Ox Tongues 4,000 extra selected mild tender young ox tongues, ment Inepected, closely waste: renuler 1 Wecnesday, I (Wereservet! COFFEE—Slegel Cooper's OLD DUTCH BLEND of tine imperted coltces; tikes GUADARALI ported ‘Java and Real Arablan Mocha; we serve It In POWER foou restaurant, bean, ground, $3,253 34e LEMON. CLING Br allfora fruit; ex 20c 5 eight caddy $1.65; weight caddy 3 4 tb. ly, ye Large, ripe, luscious, 176 oranges $8.45; ball oranges $1.75; doz __ These Specials.in Wines and Liqu Bass & Co,’s India Pale Ale, in 5-gallon casks, at Rebate of 4S¢ allowed on empty piled at 25c each. ed. Ale faucet cashs when re “S. & H.’’ Green Stamps with 10-¢ of purchase BEFORE NOON. : Ten Stamps Free To Every Applicant To-morrow _ ‘every person, whether a purchaser or not, applying atthe Premium Parlor, fifth floor, to-morrow, ednes~ a set of ten ‘tS.-& H.” Green Turtle Cuspidors—with top; top lifted with foot pressure; * $1 25 special at ... Enterprise or Universal Food Toe Meat Choppers — special at. Tapes Excellent especially low priced Nui Regu! fe $2700" 1 1eael2...<. $22.50 Bihieo 10.6x13.6.. 17.50 19.50 9.0x12.0.... 17.50 13.50 9x12.0...... 10.00 Body. Brussels Rugs The collection includes Wea large sizes in an assortment of neat designs and pretty colorings. ° paler Price. Site. Reduced to | Regular Price. Sire. $36.5 Sate +$29,50 | $42.50 10.6x13.6. Styles tor inen and woinen..... $5 36.50 10.6x12.0.. 29.50 | 45.00- t0.6x15.0. Velvet Rugs The “Fox Brand’’ Um- | Extra heavy quality velvet rugs, comprising an excellent assort- ment of choice floral and Oriental etfects in two Reade. Sire. Reduced to 9x12........$20.00 Regular Price. $23.50 (Blegel Cooper Store, Fi Floor, Front) Talking Machines *1 a Week "A Victor Talking Machine or an Edison Phonograph {s just what you want for the Christmas gathering. It will supply entertainment for all— anything from ragtime.to grand opera Get one now and be sure of having it reddy for Christmas. Come inand hear some of the new records for both machines. (Siege! Cooper Store, Third Floor, Rear,) *Phone 4000 Chelsea, Grape Fruit —. Teult; fusggte of riety; box eoataln! 25¢ frults 3 Ide. YELLOW SPLIT PEA rolled oatmeal, or 10 Ibs. $5c._5 Ibs or. crisp 478: Re Vanilla Wafers Iced coltee cake OF, Gurrant tumbles, fresh trom the Sib 12 40 0c; Ib. mas trees can be.made even more beautiful than with can-- dies, and there is no danger. These outfits consist Domestic Rugs---Special XCELLENT domestic makes in the most wanted sizes and at unusually low prices. choice colorings and designs. try Brussels Rugs alities, suitanle for any room; very serviceable and — $5.20 American Wines Cabernet Olaret) Per Case | Queen Qualtiy | 12 + #. #38" Cabinet Riesling Friars Sauternes Dry Catawba Domestic Port, Sherry, Angelica, Muscatel, Tokas and Swect Catawba, rer calion, $2.25, $1.75, $1 Impertal Zinfandel St. Macalre Bacrady ere eo Purltan Medoe ) nes gate 4 Friars Burgundy ts $3.80" secs Riesling > 4 | Per Gat Port Per Gal st | Friars Sherer) ic Malaga, Madeira S15, 98 ». 8 84c S. & H.” Green Trading Stamps—We ONE ‘‘S. & H.”’ Green Trading Stamp with each 10c of ‘purchase~made AFTER NOON. of the.same date.is good in gny one book, but stam lectors will receive a reasonable additional number o! oe plimentary stamps for. use ‘in other bi unfilled. coh ey ere Werk ae stand; from 1.25 upro-$ 12,76 Candy Baskets—unlined, SP oe, clal at. t4+s + mecwee Work Baskets—fancy desi unlined; special at ... ese Cy jweepers —Finishe eee mahogany or ees Electric Lights for the Christmas Tree With these lights. che Christ- of 8 fruit lamps, 3 dry batteries, electric wire and nickel-plated switch; all in nest wooden box. The outfits are ready for use and can be easily attached to the tree by anyone. The outfit complete..........-.. $3.50 Er esial Let of Fancy Scrap Bas- ‘ete—while they last, spe- cial at ny 50c Cereal Sets — consisting of /16 pieces; reg. price $5.50; $4. 50 Blacking Cabinets — cai 4 finished io light oak; spe- cial at peers Bamboe Chairs— fancy back; special at......... eae 85: Give a “ Beaconsiield ”’ Umbrella at $5 You couldn't select. better umbrella for the- money — there is no _beder: The Attractive assortment of Regular Price Siz | Reduced to | ** Beaconsfield’ is made ex- taco Lae Ra clusively for.Siegel Cooper. 7.50 6.0x9.0 1... 6.75 IS VAUAYIOR iC mate ay cuca know what goes into it—none bur the finest materials and i the best ‘umbrella silk we could find. . ‘ Fully Guaranteed brellas, $2.50 On sale here exclusively. best moderately priced umbrella made. Also Fully Guaranteed Styles for men amt go =o, ‘women, paeeseeene (Sletel Gooner Store, Main Floor, Froat-+ $10,000 for Charity Voting for the annualsdistri-i bution of this amoust among}! the various churches, nospitals. and other institutions is now)! going on. Details can had] at the voting booth, catrdnce to |’ Wainen’s Parlor, second floor, The {#5 4 Reduced to Ox12..+-- $1675. ind Price. 50 Fresh Meats Cholce cuts of” Sirloin Steak; Ib, Fresb killed Western Ducks; Ib 5e 50e Short Forequarters of ceoulee 10c NEW RICE—Faney while heed, the hind that cooks white and tender; 10 Iba, DB NEW PITTED PRUNES—6 car- tons, 7 46,4 Aaa 1 Sc, carton., NEW SMY F1GS—taney, lar; ehinped to us direct from Turke wooden box, 83c.; 2 Ibs PURE OLIVE O1L—Fountala gudiliy, triple clarified, packed In France: gallon 80c ae aa all gallon s Maan can., GAR CORN— Aliford quality: ieee re you sweet corn; doz, KARO.CORN SYRUP—No. id alee can, 48c.t No. 5 size cal NEW TOMATOES — hand ~ packed whole tor packed thie season; doi Kou sie can... Fountain Pickles Sweet pickle reli bite peat onions, erect mixed shes a cn at 3e0 S bottles, $1.43: OC mb; I ) ae 7c; 5 Ibe., 400.5 3 32c | sonfLess SARDINES faney imported {| si horeen, jean brand doz, st 180 HAMS _OR BACON — old's celebrated WESTPHALIA stray dry suger cured. s products are usual is 1 special hams of baoon, Jb. SPICED WAFERS, Ginge: Ps Louie Bretisleites or German atyle i0¢ Sploe Dropay 3. Ibs..27c. 1b... Santa Clara Prunes Higbly cultivated band site and gra NE 25 original $2808 Ibis 800 2 ibe, ans. (Slegel Cooper Stor rs Redpath Diamond Pale Ale ‘$1. 15; this Sie Fourth Floor) Dublin Stout Rate sbead Bottling, 1 dor. pints, $1,650; 1 doz. splits, $1 Regular price per d sale, pee doz. pints Dublin Stout, i Extra Brew Per Q5 don, 85¢ Keystone Rye {i $3.50 10 years old, Direct from distillery. Per Gal. Per powurehe Ryesit2 ym etdst$A38) $1028. | Imported Charppagne Royal Monogram, 10'yrs, old 3.50 ae oy Frederic Dupey & Co. Caplul Whiskey, 8 yrs. old., 3,0) Exira Dry, Golden Wedding Whiskey. +2.8. the 2 ph Baltimore Whiskey, er rallon....s. 2.00 Le Meta leaks $2 2.50 (Siegel Cooper Store, Fourth Floor, Fronts Give Them ft.