New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-04-26
JrDGE BOOKSTdrER'S CASE.


Four Democrats and two Republicans, con-
stituting a majority of the Judiciary Commits
tee of the Assembly, have joined in report
declaring that in their opinion Judge Book
stayer's conduct in the Flack divorce case does
not warrant his impeachment. They base this
conclusion upon their alleged belief that his
acts. however irregular, were innocent OF a
bad motive minority of the committee DIS
sens from this surprising view, and alter
enumerating the wrongful and illegal acts com
mitted by Judge Bookstavcr insists that no
intelligent man could have done these things
without consciousness Of wrong and wiliu
purpose TO defy law and justice
There can be no doubt that the Judges, the
lawyers and the people OF New-lork CITY,
practically without exception, are convinced
that the minority report is the one which the
Assembly should adopt. Judge BookStaver :
continuance upon the bench in view OF his own
admissions ought to be impossible. The only
plea he was able TO make in excuse OF his con
duct was ignorance. lie :" didn't know or
didn't see" or didn't think The Jury
which convicted all the conspirators IT could
get hold of was not disposed to regard TINS
plea as sufficient. The Judge at Flack tral
charged in specific terms that the decree signed
bv Judge Bookstaver was fraudulent. II was
based on an action brought by an attorney who
had never appeared before Judge BookStayer
il was granted before Judge Bookstayer had
any jurisdiction whatever over the parties It
was the conclusion of judgment roll in which
there was not one single regular paper, ana IN
which, to make papers appear regular, Judge
Book stayer himself made false dates. All tins,
and much more like il, is the undisputed cvl-
dence Beyond that there is much other cvi-
dence bearing pontedly toward the Judge ;
guilty knowledge and guilty act.
In these circumstances. it will he altogether
improper and harmful to the administration of
Justice if Judge Boollstaver is not brought 10
the bar of the Senate. He should be put upon
his defence. \ case 30 grave, concerning in
tcrests so closely connected with the welfare OF
the people and the honor of the judiciary,
should be heard and decided under the so"
emnity Of an impeachment proceeding. Liu-
cation in the city Of NcwYorlI is TOO impor-
tant 10 be intrusted to Judges whose acts are
iudicay characterized a. fraudulent, and who
confess TO the signing Of DEGREES Oifhand and
in complete ignorance OF the contents Of the
iudgmcnt-roll. When n man of Judge Book
stavcrs ability and experience, called upon TO
expIain his judicial conduct. feels 50 utterly
defencelcss that he must fall back upon the
cheapest plea Of the ducst criminal, and say
al didn't know" or - didn't see his case
should be exposed TO the searching light OF "A
trial
The Assembly's duty is plain. The majority
report is a clear attempt TO " hush up grave
scandal and to leave upon the bench OF this
city q judge who will be forever an object Of
suspicion and distrust The minority report
has received the approval of the brains. the
character and the conscience OF the Judiciary
Committee. The Bench Of New DIRK jealous
Of its honor. calls for the adoption Of the mi
nority report. The Bar Of New ! ok, jealous
of its right TO the services Of Judges who see
and hear before they decree join in that de-
mand. The people, alarmed for their safety
in the presence of courts which dissolve the
most sacred Of human ties before they have
the right to be even cOgnzant OF an appeal to
their authority urge that demand with earnest
ness and unanimity. The Assembly may not
disregard such demands unless it is prepared
to say that it is not concerned in the public
will or the public welfare.