New-York tribune., 1905-01-21
LAWYERS DISSATISFIED.
THE HOOKER VOTE CLOSE
If Ttgo against Him Had Voted
zcith Others 1t Would Be Tie.

Dissatisfaction seems 10 exist all sides among
lawyers in this city at the action taken by the State
Bar Association at Albany Wednesday in the
case of Justice Hooker. Many OF them point to the
fact that the extremely close an excellent
indication OF the feeling of those who were opposed
10 the passing Of the resolution offered by Mr..
Fleischmann, Of Buffalo.
A lawyer Of excellent standing and a member OF
the city Bar Association, who does not wish TO be
quoted. called attention the fact that the Coke
resolution lost by the meagre majority of 1Ol
81 votes. If, therefore, only two votes had been
changed the result would have been tie Mr. Hin
richs voted No, and stated his that the
resolution did go far enough. in that while it
recommended further investigation by the legisla-
1t did not call for the appointment of a com
mittee 10 prosecute that investigation before the
legislature. Newton Fiero. of Albany. the other
hand also voted No" but stated as his reason for
doing that he objected 10 the recommendation
that further investigation be had by the legislature
and said meeting that but for the addition OF
this provision he would have voted Aye"
r. W Hinrichs and Newton Flero. two lawyers
Of high character, learning and distinction said
the lawyer referred TO, both of them earnestly in
favor OF the proposition that there should further
investigation this matter voted against referring
the legislature-the first upon the ground that
the resolution did not recommend enough. and the
second upon the ground that II recommended TOO
much. If these gentlemen had voted Aye the
vote would have been tie: and there be
doubt that both of these gentlemen by their inf1u-
ence and by their speeches in the meeting would
have Influenced other votes which. If in favor
Of the resolution, would have carried 1t
+, W Hinrichs said yesterday:
There is a great city Bar Association here. Of
which eX-Secretary Of War Root is president
which has The power take up the matter. The
II TO the attention Of the legislature, and so has
any Senator or Assemblyman. and the jamestown
Bar Association, which started the inquiry, can
also present the matter TO the legislature If u
desires. The legislature has the power of i'm
peachment where the offence committed generally
impeachd. but not necessarily, and the legislature
also proceed under Article ~ Of the constitu-
ton surnmaTily to d judge for cause after
hearing In this latter the proceedings
more summary and the legislature is the judge
as 10 what constitutes proper cause for removal
ton Of both houses OF the legislature if two
thirds of all the members elected TO each house
concur therein.
Some of the newspapers mistakenly state that the
Bar Association, by vote OF Iol 81. refused 10
concur in the findings of fact reported by the
OF the findings Of fact reported by the committee
was unanimously approved By the State Bar AS
sociation at its meeting IN Albany Wednesday
last The motion which lost by a vote of lO1
70 81, was the rather vague motion presented by
Mr. Coke, to refer the entire matter legis-
lature. was one of those who voted against this
resolution, as II failed provide for the framing
or charges and for the appointment of a commit
tee TO present the charges. II has been urged
throughout the proceeding which began wear
ago, that there were no formal charges presented
and that. therefore. there nothing 10 inveSti-
gate II was essential. therefore, that at this
stage Of the proceedings technical charges should
at length be framed