New-York tribune., 1903-01-04
HATCH 4TT4CKS ODELL.
appointment Of Hooker as Justice
.Seuerelu Criticised

Buffalo Jan. "A meeting held this afternoon
between Justices Edward W Hatch and John
woodward OF the Appellate Division Of the
Supreme Court on the one hand. and COM
ynittee representing the bar OF the With Ju-
siicial District. the other. unexpectedly devel-
oped Z sensation. For more than half an hour
Justice Hatch addressed the committee. saying
in part
o1o sr,ch conditions oughl 10 have existed
now exist in this department. nor were there
ever any contempiated under the operation ot
The constitution of 1924 They nave ON! ~ peen
-nade SO bs- the operation Of pure political power
and the giving Of plsces~in these divisions as
rewards for political relations. The present
designation Of Mr. Justice Hooker to service IN
The ia Department was made upon tne reouest
II the Governor OF the State. The lid Depart
trent did not as a primary proposition reQuss'
that s-7~ additional Judge be sent 10 that de-
rarrr1ent II was made simply TO make place
That was The sole basis Of it and X had peen
The subject Of consultation for upward or TWO
--earx II has succeeded. and the man is named
II he stood pre-en1inent. Judge Daniels stood
,s-l-en h. represented this district in the Depart
-77ert Of the East. would md any
here refusing 70 yield that he might have
Tlace here.
This has been the product Of two years of
ss1iEent political effort which has finally rpened
suto this selection
IN other words this Appellate Division has
been broken into with 4 crowbar. ano- haPihs
been successfully burElarized. you ask that
Judge Woodward and myself shall be made the
victims Of that situation That Is the situation
that confronts YOU
There has been dehauchery Of the judiciary OF
this district. II fails 10 stand independent an9
alone but leans upon the executive power. ana
Il corseollertlr subordinated 10 it.
The proposition here is whether in this state
the bar Of this district have the courage ana
.nan7ood stIffcient 10 meet this situation, and
demand tila4 this power be removed from uls
executive and placed where II beIonss; - ~
Torarv relief is not sufficient: Ifle quesaoH -
10 whether vou will pursue methods which VIII
iifr the judiciary Of this district out OF poiucs
and place il independent. where II belongs
ooVa- Of appointment of the Appellate DiTls-
ions ought 10 lie in the Court of Appeals in the
selection Of its own members uhoer 'ne aiieiiu
rrents Of the constitution
he conditions Of court work in the With
r.6,oial District. by which. il is alleged. the
sfst~-ct has been so impoverished by the action
n -he Governor in assigning justices for Ap-
7,s;lsta Division work in the Ist Judicial DIS
--+rr ~lew-York Cityl. that not enough have
beer left 20 take care Of this district in which
they we're elec-ed brought about to-day's meet
ing
! committee vas appointed BY the Bar Asso-
c.a-io1 of Erie County TO undertake the work
Of securing more Justices for this district
Al : preliminary conference with Justices
Hatch and Woodward. the committee preferred
The request Of the full committee. that Justices
Woodward and Hatch resign their places as
-r,6gas Of the Appellate Division. and return TO
his district 70 perform the work OF trial jus
tees This called for considerable sacrifce on
the part OF the justices, as they receive Sl',ooo
q year where they now are. and they would
7eoeire only $1,000 were they 10 return
The justices listened 70 what the sub-connit-
tee had u say and then made two requests
that the whole committee wait upon them, and
that the representatives Of the press be invited
- he present in order that the fullest publicity
might he given 70 what vas said and done
Al this meeting the justices presented some OF
tbs considerations why they should not be asked
TO relinquish the vcork to which they had been
assiKrez under constitutional authority The
1lpshot -vas that the committee passed & resolu-
ton stating in substance that assignments 10
-tfe appellate divisions should be made by the
judicial s1thorities. A committee was appoint
ed 70 appeal TO the judges Of the WITH Judicial
Department. OF which this district is e part.
for distribution Of justices which would afford
relief 70 Erie County. Il was also resolved not
. -ress Judges Woodward and Hatch for de-
c.s.on AZ this dime but first try 10 find relief in
the manner stated.