New-York tribune., 1905-07-11
BOOKER TRIAL TO BE LONG
THREAT TO FILIBUSTER.
only Progress Receipt of Justices
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n debating constitutional questions. which be-
gan with mere professional differences in opin-
ion and ended IN partisan threats OF hlibuster-
ing marked the first session Of the legislative
tribunal which is hearing the charges against
Justice Warren 3 Hooker. No actual progress
was achieved beyond receiving froT the
cuse6 justice the reply 10 the charges forrnu-
lated by the Legislature two weeks ago. This
reply constituted In general plea OF not guilty.
qualified with a declaration OF belief on the
part OF the respondent that the legislature had
no Jurisdiction
The answer was delayed IN some unrnistaka-
bic manner. and the non-appearance Of Justice
Hooker and his counsel furnished the single
dramatic incident OF the day. When the two
houses had assembled in the first joint session.
and Lieutenant Governor Bruce, at the close OF
the rollcaI had directed the clerk TO cali the
name OF the accused justice. there was no
response.
warren r Hooker" repeated the clerk. and
again there was no response
The clerk VIII enter the default OF Justice
Hooker on the record" directed Lieutenant Gov
ernor Bruce. Just then ex-Justce W. ". Good
rlch. OF counsel for Justice hooker. stroleo
leisurelv into the room. and. catching the drift
os affairs announced that his client would soon
arrive and on his way. A moment later the
Justice entered. Ee walked down the aisle 10
ths well and, th-usting his hands deep IN
his pockets and facing the presiding officer.
answered TO his name and then took his place
at table reserved for him. while John B.
staachfeld read his answer 70 the legislative
charges given below
HOUSES GO INTO SEPARATE SESSION.
The reading OF the charges ended the joint
session and the two houses went into separate
session 70 adopt rules OF prOc-dss-G This work
had been outlined by a committee and It was
expected that the rules would be quickly ac-
cepre6 Instead OF this the Senate at once fell
.nto stormy tussIe over the initial point In
volved n the proposed rules OF evidence and
the advisa bility Of secret session in passing on
the admission OF disputed questions OF fact.
The secrecy point had been eliminated by the
Assembly and after brief debate the Senate
followed suit
But the question OF what evidence should be
received was no, so easily settled For four
hours the dozen leading lawyers squabbled over
the rules 10 govern evidence AT the outset the
committee had proposed that the usual rules Of
evidence, such SIS obtain IN courts Of record
should prevail so far practicable" The As
seubly insisted that the last four words were
meaningless and eliminated them
IN this shape the Senate lawyers received the
resolution and tore Il IN shreds. II was insinu-
ated that friends OF Justice Hooker had sug-
gested these words 70 make the proceedings tr-
regular and consequently subject TO review by
TIE courts. This view produced sharp debates.
Senator Grady talked storTned, threatened and
warned by turns. Senator Bracket proposed
mobilization, and Senator Elsberg suggested
that the rules of evi9ence should not be fixed
az al. scouting the IDEA that the action could
be reviewed. Senator Aalby took still another
view and Senator White created a laugh by Of
fering q compromise which turned out TO be at
variance with the preceding suggestion
SESSION ENDS WITH BAD FEELING.
Finally Senator Ra1nes proposed that the
usual rules Of evidence should prevail. 'as the
same shall be interpreted by the president and
joint session" Senator Bracket agreed TO this,
declaring Il was meaningless. Senator Grady
insisted that Il was z fatal mistake 10 adopt
such a resolution Senator Hinnlan denounced
the resolution and there was another hour Of
sharp debating. In the end the resolution was
adopted after a strenuous protest from Senator
Grady by q vote OF 10 to 13. Senator Grady
then asked that the matter go over until the
next day that a full Senate might decide the
question and when this request was denied he
became angry ana served notice that he would
carry the case before the joint session and fill
buster until he got his vote the question
Then after four hours the session broke UP
with evident bad feeling
Meantime the Assembly had been awaiting
the action Of the Senate and IT'S ranks had
gradually dwindled until there was a scant half
dozen members, and these decided 10 adjourn
until morning Thus as the result OF the days
Ura2gling. no progress was made. bur II waI
clearly established that the l-g-l luEninaries OF
the upper body intended scanning constitutional
questions with a deliberaton that promised
three OF four weeks Of session The relative
attitude OF the lawyers and layrnen in the Sen
ate was one Of the striking features OF the day
after the lawyers had wrestled with their pleas
the layTnea waited patiently for the signal
Of their party leaders and voted with helpless
readiness. Thus II happened that while the
Democratic ana Republican lawyers divided on
questions The laynen carefully followed their
leaders with sheeplike regularity.
The merits OF Justice HO0keTs case were we'll
L4gL los- sight Of during the days proceedings,
7esslCL. fOr when the Legislature is through with
rs disputes and differences over knOrty cues
uols IL Is ulalifesLy the purpose Of Justice
HoOkers counsel 20 Introduce Sun more dlfIicult
Constitutional problems. Indeed, il was openly
asserted that uo-days stumbling block came
from this source. al prospect OF ending The
Work this week is now abandoned
PROBLEM TO KEEP QUORUM PRESENT
IL the mean time the serious problem that is
arising is that OF keeping a quorum OF legls-
lators present. ThlrLy-tsyO Senator'S and seventy
sever. AEsenblyUe- made up ble list to-day
2ut much q The time the bodies were pro-
eeecing without q quorum, and there were
lDlILy GeSerTIOuS. A IuTLner prOIracLOn OF blCLl
debates that OF to-day may eliminate the
quorum fer week 10 the great disgust OF leg
lslaIlEe leaders VINO desire quick decision
Justice HOoker's answer 70 the Legislative
charges, which came al the eleventh hour this
morning. ar the moment the presiding officer was
about 10 declare him IN default and put the
question of his removal to vote, follows;