The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-22
DEAL ON TO SAVE HOOKER.
INDICATIONS THAT HE WILL NOT
BE REMOVED.

BE HEMOVED.
me senate Adopts Resolution, In which
the Assembly C0ncurs. Giving the
Judiciary Committee Until WednPs.
day Next to Determine whether the
Legislature Has jurisdiction to Re.
move Hooker on the Charges Preferred
ALBANY. June 2l.-To-day's develop
nents indicate that Supreme Court Justice
Warren B. Hooker Of Fredonia, Chautauqua
county, who Is a member OF the Brooklyn
Appellate Division Of TIE Supreme Court
at a salary Of $l7,500 a year, will not be
removed from the bench by the Legisa-
tlre That was the CONSENSUS Of opinion
expressed tonight in legislative circles by
those on the inside, after the Legislature
met at noon to consider the Hooker charges.
As had been the case all winter with i'm
portant legislation. there ia apparently
deal on between certain Democratic and
Republican legislators to prevent two
thirds vote in the Senate in favor of reso-
luton removing Justice Hooker.
Several prominent Republican members
Of the Legislature expect that all Of the
fourteen Democratic Senators will vote
against removal.
II requires two-thirds. or "a votes. In the
Senate to adopt a removal resolution.
There are thirty-six Republican Senator'S
but Senators Hill of Buffalo and Barnes Of
Rensselaer re in Europe. This leaves just
the required numer OF Republican votes
to remove Justice Hooker. 1t is expected
that Senators Elsberg, Fancher, SAKE and
McEwan Repu blicans, will vote against
Justice Hooker's removal. Senator Fam
cher represents the district in which Gov.
Higgins and Justice Hooker live and is init
n,ately associated with Justice Hooker In
business.
The impression prevailed tonight that
both branches Of the Legislature will adopt
q resolution calling upon Justice Hooker to
answer the charges; that joint legislative
inquiry will be had, and that the question
Of removing Justice Hooker from office
under Section II of Article VI. Of the State
Constitution will come to vote IN each
house. Those in favor OF Justice Hooker's
removal believe that such resolution will
pass the Assembly. but will be defeated in
the Senate. On the other hand Justice
Hooker's friends are confident that two
thirds vote in favor Of removal cannot be
secured in either house.
Senator Patrick Fl. McCarren, the Demo-
cratic leader of Brooklyn, openly opposes
the removal of Justice Hooker on tho
charges presented, insisting that the Leg
stature has no jurisdiction to remove
under Section II Of Article VI. which it is
asserted. contemplates removal for physi-
cal or mental incapacity only. 1t is further
asserted that a Supreme Court Justice
should not be removed except for acts OF
commission or omission in the direct ad-
ministraton of his office, and that in that
event he should be impsached under Sec
ton 10 Of Article vi. OF the State Consttu-
ton.
The Assembly adopted the report of the
Judiciary Committee setting forth the
causes for the removal OF Justice Hooker,
with the D Inkirk post Office rent increases
omitted as a cause. 1t also adopted the
resolution calling upon Justice Hooker
to appear before the Legislature on Tues
day June 81, to show cause why he should
not be removed upon the charges specified.
and also another resolution providing
for the employment Of counsel. These
resolutions were sent to the Senate and
referred to the Senate Judiciary Committee.
which reported this afternoon In favor
of more time 1t asked that the COM
rlttee be given until Wednesday next to
determine whether the Legislature had
jurisdiction to remove Justice Hooker on
the charges specified. The committee
asked that the Legislature take recess
until Wednesday. June IS, at P. NJ.
The Senate adopted resolution to that
effect. and tonight the Assembly concurred.
1t was the belief of many after that resolu-
ton had anen adopted that when the Senate
judiciary Committee met next Tuesday
It would adop, report that the Legis AZURE
had no i1tii 3iC'ion but tina. belief is not
shared by tie Republican leaders.
The l." yis!atoIre met at noon to-day and
Gov. Higgins sent in the following special
n1e.I7 80
STATE or NEW YonS, EXECUTIVE CHAMBER.
ALBANY. June 81. 1905.
=, Warr"' i Hooker: one Of the. Justices OF
having r" r,csta1 legislative inquiry as 10
ferrei tho said request to its ComHttee on
Judiciary, ard testimony having been taken
bocn maze nv it. and. upon the recommends
ton Of nd committee contained in it's said
roo1 mat he 5"Ee7 or tho re
n"yo' ,oi aid Warr"n b, Hooker from the
satd ,ofl'ye vi .I.s't9e Of ne Supreme Court.
and having directed its Com mittee on Judi
c!arv 10 formulate rules of practise and pro-
ced'rr in said matter with statement of
II" cause alleged for such removal and 10
report tie same to the Assembly: and tho
Le.isatlre ha Wing adjourned. avng snd
matter in aheyance: and dcemnC the occa;;
sion an extraordinary one. have conve: cd
the Legislature IN extraordinary session:
Nov, therefore, in accordance With, the
Consultations do hereby recommend for
your conSiderat ion at this extraordinary
session, the conduct Of said Warren b Hooker
and the preston Of his removal from the
Office nj Justice Of the supreme Court.
FRANK W. l!tGGINs.
Chairman Fish Of the Assembly judiciary
Committee handed in the report Of his
committee and following this came rcsolu-
tons r"cessary to proceed with the trial.
Everything appeared to be harmonious
but there vas an underclrrent which showed
that the friends Of Justice Hooker had been
a. work, But not until the resolution in
troduced by Assemblyman Mead (Rep..
Albany, calling for Inc employment of
counsel and inviting the jamestown, New
York state, Brooklyn and New York city
bar. associations to be represented at the
trial, was there an outward sign Of the Geal
that had been entered into. It was done