New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-02
ADVISE HOOKER'SREMOVAL
COMMITTEE UNANIMOUS.
No Cause for Impeachment-Ertra
Session Necessary.
,7v TELEGRAPH TO THE rRIBuSr.j

TELEGRAPH TO IhIBUNEj
.,hsnv Nav 1.-The removal from ONCE Of
- court Justice Warren B. Hooker for
- co17svance in Irregularities connected
- the United States Postoffice system was
.-,-,ended 10 the legislature this evening by
assembly Judiciary Committee. which for
- last two months has been investigating the
..-~es made originally by the Jamestown Bar
,ssocisrion and afterward concurred in by the
=, association Of the State. Unless Justice
,,..ls- fails 10 ask for a hearing before the
=, legislative houses or unless the Legislature
-s.rses 10 adopt this report-both remote sup
.s-,ors--he findings of the committee VIII
-e0essary an extra session, and removal
=, e comes viii be by concurrent resolution
l-,,e-,o- Higgins said tonight that such a ses-
= -,,r,+ be called on Friday. Immediately
.Ls resent legislative session adjourns.
-s1o-- of the Judiciary Committee IS
.rf-,o,s in recommending removal The only
s;sssrso7 arises over the method. Assembly
- yran,rIe and Mead both of the district OF
c. Committeeman William Barnes jr.. ex-
ss doubt as To whether the law allows re-
-, ~. concurrent resolution. The COMMITTEES
- ,ns- there is no cause for impeachmenS
,..rsA the acts complained Of were not COM
-,,,e5 hv Justice Hooker in the discharge OF his
oes,t.f duty. The report upholds the charges on
IN -oi-+s bur makes several nice distinctions as
-r The extent and exact nature OF JusICS NUN
er-s alleged guilt on each count
TIE COMMITTEES, IN the recommendation Whch
closes irs report, says:
we are of the opinion that the acts Of said
Warren 3 Hooker heTelnbefore set forth N the
several findings Of fact do not constitute cause
for impeachment. under the provisions or Secuoh
u Article VI, of the constitution OF lHls So
e-s ~ Section u Of the Code Of Criminal Pro-
caz-7-e FOR the reason that such acts were not
committed in the course Of the discharge OF MS
official duty, and do not constitute "ll-ui anu
cc~~Jut misconduct in Office.
We are of the opinion that the acts Of SAID
Warren 3. Hooker hereinbefore set forth IN the
several findings II fact. constitute ana are cause
+o- his removal under the provisions Of Section
u Article II q the constitution of this state
We recommend that proceedings be taken by
the legislature for The removal OF warren b.
Hooker from the Office Of justice OF the supreme
Court. in pursuance of and in accordance with
the provisions Of Section :. Article VI, OF the
constitution II this state.
The corcl usions upon which these recommend
stio-s are based practically summarize the al
leged acts Of Justice Hooker, and are as fol-
lovs.
Firzt-That in cur opinion said Warren B.
Hooker and George w Beavers both knew that
ths appointments Of said Frank B. Ball as la
borer ana clerk in the Fredonia postofhce were
unnecessary. and that by reason Of the acts
Of said Hooker and Beavers and the acts or
R1V in connection herewith the United States
5efra GCeL Of SAID sum or SZ,O@ Oi anu LIldl
the reason and motive which influenced warren
2 Hooker IN procuring the appointment OF BAN
first as isboTer and then as clerk IN sald post
uf7ce was that Bali might thereby obtain money
With which 10 paw the said note of 50 0+0 upon
which Mrs Hooker was indoTser; that the said
ec-s If said Warren B. Hooker were immoral
ana show q personal unftness IN him 10 occupy
The position Of justice Of the Supreme Court.
Second. that. ~ our opinion said Warren b
Hooker knew that the appointment of Maurice
Hooker 10 the position Of laborer in the Fre-
Eonia postof1Ca was unnecessary. That by rea-
son of the acts of said Warren B Hooker and
Melvin =. TAYLOR. and the acts of said Beavers
end Maurice Hooker. connected herewith, the
Emitted States was defrauded Of upward Of the
sum Of $500. and that said acts of said Warren
E Hooker were immoral and show a personal
urftness in him 10 occupy the position Of justice
of the supreme Court
Third. that. jim our opinion, said Warren B.
Hooker and George W Beavers knew that the
appointments Of Thomas O'Neil, Henry J. Penn
berton. George Cooper Minerva Jeffrey and Ora
Caldwell were unnecessary, and that. by rea-
Bon II the acts Of said Hooker and Beavers in
connection with the appointment OF said Ora
raldweu and Thomas O'Neil the United States
vas defrauded of the sum Of 1926 66, paid TO
Eatd Caldwell and the sum Of 1925 &C. paid 70
sai5 O-Ncau Th7r the acts of said warren r.
Hooker in connection wi:iI The appointments Of
Caldwell and O'\eiI weIC Culpable and show a
personal uCGtness in him 70 occupy the position
e Justice OF the Supreme Court.
Fourth. that. in opinion. the transa ctiou
between Katherine X. Clark. Melvin H Taylor,
Warren ,. Hooker and George W. Beavers. re-
Ear1ing the appointment Of said Clark 10 a po-
siuon ir the Fort Plain postof1ce. and her
transfer thence TO a clerkship in the postoff1ce
a. Fre5ors. was an evasion Of the United States
Clrl Service law; that the transaction was
immoral and corrupt. and shows an unfltness on
t1e part Of said Warren B. Hooker 10 be and
teaain justice Of the supreme Court
Fifth. that in our opinion. the acts Of said
Warren 3. Hooker in connection with the pro-
turemert Of the Judgment against the city Of
pEnkirk We're corrupt and immoral and snow
personal unftness on the part Of said War
zen B Hooker 10 occupy the position of justice
Of the Supreme Court.
Accompanying these conclusions and recon-
rendations are eight findings Of fact based on
the testimony given in the progress of the in
ves-gation. The report was received in the
Assembly without debate or opposition. and its
consideration was made a special order for
Thursday