New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-08
ROOKSTAVER AND FLACK.
AN ASSEMBLY COMMITTEE TO INVESTIGATE
THE DIVORCE SCANDAL
Mr. pLUMENTHAL's SUDDEN CHANGE OF FRONT
ACTION IN THE MATTER IN THE

ACTION IN THE MATTER IN THE
LOWER HOUSE AT ALBANY.
.~.ox THE REGULAR CORRESPONDENT OF THE rRIBUNEL
Albany Feb. Joseph Blumenthal. who represents
49, xyIrd Assembly District of New Ork, some tno
200 had his attention attracted to the terrible conul
IL ~ the divorce laws of the United states anu
,heir lack of uniformity. lie was much distGroeu III
,hnucbt by what he His friends therefore, WeT
-. surprised when they heard that one Of the lrS'
hnIs he had introduced in the legislature was ono
authorizing the Governor and Senate to appoint d"
Commission TO investigate the divorce laws oi 'i'S
s,o,s and other States with the object OF making 'c
Dnifom The Commissioners are to receive 49, "
compensation for their labOrS Mr. Blumch'n' r17,T
his bill with energy, and persuaded inc @' -
Judiciary Committee early in the session 20 [ =,
nvoraby II is now on the order of thlTd ie"Olhs III
the Assembly. ,,. =,
Meanwhile since the session Of the LEGISLATURE Do
gan, the Assembly Judiciary Committee mas peeI' u"'s
expecting to receive instructions from ''e N'S,'D''
investigate the remarkable divorce -,
Sheriff Flack of NewYork. and the Con""o' VI '"U10
pookstaver Of the Court of Common Peas al grant
49,, .hot divorce On Monday night. January p, the
par Association of New-YorB preferred us coIpidhV
against Judge Bookstaver and since then the Assembly
Judiciary Committee has been examining INC papers IN
the case To-day, the result OF It's dehuerd'lous'
The committee asked the Assembly Tor permission 10
.a,. testimony REGARDING the complaint, and asked
49, oo,reel and n stcnocrapher might be given. The
.olntion that the Judiciary Committee submitted to
tbe Assembly is certainly plainspoken enough 1t Is
ss follows:
whereas Public char ges have been made against the
oneisl conduct Of Henry W. BoosSiaver Judge OF the
curt OF Common OF the city OF NewNork in the
=, Mary F. Flack against James A. Fack for abso-
lutte divorce and 49, ~, .
soc,ation Of the City of NewYor heretofore appointed
,rhcommittec 70 investigate said charges and
whereas said subcommittee did make an investigation
therein and report to said Executive Committee when
rnor, was adopted by the Bar Association OF the CIV oil
NsvYork at its annual meeting the 18th day OF jan
uary 1890; and
whereas Said Association has presented memorial TO
this Assembly containing said report which was reeif'd
70 the judiciary Committee requesting an inquiry as 70
whether the Official conduct Of Henry w BoohStaNer IN
said suit Of Mary Z. Flack against James A tacA was
such as call for further action by this body
resolved That the judiciary Committee Of the Assem-
NV he and hereby authorized by the Assembly TO Nes
s.,s fpv the acts conduct and connection OF the said
E.,rv W. Bookstaver Judge OF the Court Of Common
pleas Of the City Of NewYork in and about ana connected
with the Flack and all matters and things IN
,arect thereto and said committee l. hereby gwen lul
- and authority 10 prosecute its invest cations in any
and all directions necessary for full and complete report
b the Assembly the acts conduct ana connection oil
the said Henry W BcCkSsyer - judge OF the court OF
common Peas of the City Of NewforN IN the case OF
No. F. F1ack against James A. Tlsck FOR an absolute
divorce. ~, -, $500
resolved That said committee report with all con.
IN its judgment the public interests require ana par
.uarlv as 70 whether articles q impa hmen should be
presented 70 Assembly afans SAID Henry W. BOOK
st,yer and what legislation NAV Doe necessary ana proper
% be enacted the public Interests and particularly III
ocons for divorce that said committee j. hereby given
fuu power and authority to send for persons ana papers
also 70 enpov stenocrapher and such counsel a. 1t nay
deem necessary FOR the accomplishment OF sara WON
~ u ,r,ber eppowered 70 hold sessions in the city
~ New. York or elsewhere IN the state. ana sNch
tines and places it shall deem necessary inc S'
cesnt.atAlms OF the Assembly shall at al tih'' "'hu
said committee and all and srbpoens issued
thereby and perform any ana AL duties a. 9e'-''''
Arms Of said committee.
Mr.. Acker. the chairman Of the judiciary Commit
tee and Mr.. Greene. one Of its Democratic memoerN'
made only short speeches in favor Of the resolution
believing that no opposition would be made 10 IT,
Their chief point in its favor was that the Judiciary
Committee would have 10 sit as a jury in listening
10 the evidence for and against Judge BookaVer ana
therefore needed counsel to ask the questions OF tA9
various witnesses in order not TO be both Judges anu
counsel in the case.
Just as the Assembly about 10 pass the re'"iu-
tion as matter of course Mr.. Acker and Mr. Greene
heard with astonshment Mr.. Bumenthal begin 10 de-
claim against 1.-THE good Mr.. Blumenthal WHO was
so much concerned about the divorce laws and their
operstion Mr.. Blumenthal, they soon saw h'a
been impressed with the lragility and nhumahlN Oh
the divorce laws in every case except thal OF 0Ho'i'
I1ack In that the Investigation Couihiuee
Should be crippled II he could accomplish u; ny Dcus
Senrved OF legal counsel MIR. BlumcnuidI ODlccltu
10 the cost OF counsel and persuaded my INe A.
semhymen to vote with him 10 strike out lHdt tF' 81
the resolution which authorized Tie cohlAitlee ~
employ counsel. Nearly all the votes cast IOF '"N
rcs6lution-it was a standing vote were cast D.,
democrats. There only thirty three NoleS ''9'
against Mr. Blumenthal's motion. ., ~
But the Assembly saw that II had az cp'cu a.
advice when il took that of NJ. B4uiIcHui H. ,i'
AcEer and Mr. Greene appealed 70 tic A79eHDlE I'm
consider This vote. Mr.. Webster, OF Idmmaly HaI.
4 friend OF Judge BOoksiavcr. urged thAt the J"QIl!
S,nmm+, ee should have counsel. Mr. COOns. lcip"-
Democrat said that Judge hooAstaNeI WIZ ' - y
co,inSel and il was only just that the commute a
ST|niJ have counsel MIR. Connolly OF New \ ORR
sad that a foul and black crime shoud be MVesu
gated , - -, M u1,roortbal had a
chance 10 investigate practically the WORKINGS o. INC
STATE divorce laws the flac case n; -!iialth bdv
sneaker Hustled supported the Juulclh O0IliiI,
in H. demand. Every judiciary Committee WIlcu H11
ever M dertaLen such investigation hd hdi CCulS
lie meTlbered that although -uch learned Ia"tcf
a. samuel / Tden was d member OF uc tI'N4'
T,dicisrv Committee when impeachment pr''c uius'
ver heguu against Judge George g. Barnard ana Juure
Albert CardOza the committee WcIN allowed !" GU
nloy counsel II Judge BOOkstavcr were an AsetIul
Ian he would vote for f.. SupcraerNiceau4e II-Hu'
were doing hlm harm b. opposing u. , A., 1,,oi,.,
With speaker HUsteds poWelni ain tl' 49, -
Committee were victorious. M AchcF n''o.! -
reconsider the adverse vote on nc employ I ~
cC,nscI was ca, rcd Nv vote OF . - o.. ne SIX
vntes against emulGy-l counsel were cast bV Assem-
blvmen Blumenthal. HaIncr, Harwood Martin. iiare
and Wissir-sI Democrats The resolution was lr--ti
passed without dissenting vote even Nf &
Tho COMMITTEES vii to WOlh AT ONCE