The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-02

Resulted in Defraud:ny the United
states Of Several thousand Dollars
and SHOW That lie Is Morally TINT 20
Held the once Of Justice OF the su.
prcme Court-COuid Not He Impeached
as the Onenses We're Not Committed
While In Discharge Of His Omciai Duty.
ELBAN7, May by a unanimous vote
of the eleven active members Of the As
cembly Judiciary Committee a resolution
was reported TO the Assembly tonight
calling for the removal Of Supreme Court
Justice Warren b. Hooker. Assemblymen
Mead (Rep., Albany aud Wemple (Rep.,
Schenectady filed a memorandum in which
they say that they have signed the report
with great hesitation. believing that there
is grave doubt as to the Interpretation
Of Section Q Of Article XI. OF the Constitu-
ton and its application to the facts in the
case.
Il was not expected that Messrs. Mead
and wemple would sign a report for re-
moval They are friends Of William Barnes,
Jr., who has been using the columns
OF his paper the Ecenina journal, to impress
upon the Legislature that Justice Hooker
has done nothing for which he should be
removed.
The others who signed the report are
Assemblymen Robert j. Fish Of Madison,
sherman Moreland Of Chemung, A. b.
Steele Of Herkimer w. B. Cunningham Of
Ulster, Edward Schon eek OF Syracuse,
F. G. Whitney Of oswego, Frank W. Stan
dart Of Buffalo, all Republicans, and Calm,
Of New York, and Shanahan Of Brooklyn,
Democrats. AssemblymAn Peter j.
Everett Of New York. the third Demo-
cratic member, did not attend a session
of the COMMITTEES. vacancy In the com
mittes was caused by the death Of Assem-
biyman Frederick E. Perham Rep., y. ~.
The committee finds the cause for the
removal Of Justice Hooker upon the six
facts brought out by former Deputy Attor-
ney-General Henry B. Conan, counsel for
the Co1nmittee Il is now known that an
extra session Of the Legislature will DO
called 70 consider the report OF the COM
mittee. Gov. Higgins has said he will call
il Immediately after he has disposed Of his
thirty-day bills and that the session will be
held in June This, of course is contingent
upon Justice Hooker demanding a trial
upon the charges preferred against him.
He can elect to be either tried by COM
session.
Friends OF the accused Justice say that
he undoubtedly will demand a trial by the
Legislature, as he had twice been tried by
committees and found guilty. There is the
belief in the minds of many that he will
resign rather than submit 70 a trial. All
Of the Witnesses who were examined in the
proceedings before the Assembly Judiciary
Committee will be called upon to testify
in such proceedings They were unwilling
witnesses and the testimony had to be
dragged from them. The only witnesses
sworn by Justice Hooker in his defense at
the hearings before that committee were
some real estate men from Dunlkrk who
had been called TO testify that s., OO0.R year
was not an exorbitant price TO pay Tor the
rental Of the Rocker and Stears building
in Dunldrk for the post office.
The report Of the iAs sembIy commit Q
is a complete vindication Of aad victory
for the jamestown Bar Association, which
4 brought the matter TO the attention
Of the State Bar Association, and sho
that il had ample grounds upon which
10 ask for Hooker's removal from the
bench.
When the report was handed in 10 the
Assembly, tonight Chairman Fish Of the
Judiciary Committee moved its adoption
and then asked that the motion be made
q special order for Thursday, which was
ordered While the conclusions we're be-
ing read Assemblyman Arthur c. Wade
Of Chautauqua county, who appeared be-
fore the grievance committee OF the State
BAR Association as the attorney for Justice
Hooker. sat IN bis seat and listened with
great interest. His face became very
In his direction.
The procedure in the matter lie still in
definite. The report has not been adopted
~ yet, but owing TO the fact that IL
was . unanimous one il IL accepted as a
fact that the friends Of Justice Hooker
will not dare 10 vote against it's adoption.
After that comes the important part. Be-
fore anything can be done Justice Hooker
must be served with a copy of the causes
and charges upon which his removal Is
asked for. Then he ma decide simply
TO como before the Legislature and make
a statement OF his connection with the
matters complained Of OF he may elect
TO be tried. The report goes into the facts
* length, specifying the numerous acts
NJ whici he has heen accused.
The committees conclusions and recon-
mendstions follow:
l. That. in our opinion, said Warren
p, Hooker and George W. Beavers both
knew that the appointments Of said Frank
j. Ball as laborer and clerk in the FredoniA
post Office were Unnecessary, and that by
reason Of the acts Of said Hooker and
Beavers, hereinbefore detailed In the second
finding Of fact, and the acts Of Ball In CON
nection Herewith, the United States was
defrauded Of said sum Of q, $50 OF, and that
the reason and motive which influenced
Warren B. Hooker in procuring the appoint
nent OF Ball, fret as laborer and then a.
clerk In said post once, was that Ball might
thereby obtain money with which TO pay
the said note q 1900 upon which Mrs.
Hooker vus lndorser; that the said aots Of
laid Warren B. Hooker were immoral and
show personal unitness In him 70 occupy