New-York tribune., 1905-06-29
NOW AGAINST HOOKER.
4 CHANGE At ALBANY.
Senate adopts Bracket Report
Trial Opens July 10.
lBY TELEGRAPH TO THE rRIsUsE.l

If7Qt Opens jug ~.
[Br TELEGRAPH TO THE rR1sUsE1
Albany, June 2S-In accordance with general
expectation. the Senate to-day adopted the re-
port of it's Judiciary Committee, coincldlhe WIN
the similar report of the Assembly CoInmttee'
that the legislature had power to remove Justice
Hooker for cause The particular emphasis OF
the Senate report. which was set forth at length
in q statement written by it's chairman, Senator
Bracket was laid not on the power OF the
legislature to remove which was indicated by an
imposine arrav of precedents and citations, but
on the fact that the Legislature must decide what
cause was SUFFICIENT to remove and whether the
present charges were sufficient.
This report was unanimously adopted, COM
1nfttee on procedure was appointed and then'
after several hours of wrestling with intricate
and fruitless parliamentary questions, both
houses adjourned to meet Monday, July TO-
ar noon. when the charges to be served on
Justice Hooker must be answered by him
OF debate attending the reception of the re-
port there was practically The Senators
seemed to be unanimously in favor Of its adop-
ton. and after the reading of the Bracket
onfnion all debate was limited to fixing the time
of meeting again In fact the only significant fact
ahout the DAYS proceedings lay i'll the unrnls-
taxable trend of opinion against Justice Hooker.
Last week the pendulum swung far TO the
other side, and q disagreement. IL not an acqulC-
tai was widely prophesied- Just the contrary
oninion was expressed after the session to-day,
founded almost entirely on the change of front
among the minority members. 1t is conceded
that the vote in the Senate will be exceedingly
close Senators SAKE and Marks are both in
s,stent on their earlier declarations against re-
moyal proceedings although Senator SAKE is now
less confident of his original interpretations OF
Isu, than previously.
SENATOR MARKS'S STATEMENT.
Senator Marks who has a statement pre-
nsred for every question that comes UP. has is
sued a new manifesto on the Hooker question
directly antagonistic to that of Senator Bracket
AssembIyman Hartmann who last week con-
xulsed the lower House by citing in some case
the trustworthy opinion of myself and other
authorities" still holds out constitutional
erounds also, but aside from this trio there
seems to be general agreement on the correct
ness Of the Interpretation Of the constitution
advanced by the Bracket report, which is re-
sarded as striking and precedent making docu
ment.
The method of procedure in the trial is still
undecided, although the consensus of opinion
tonight is that there will be no effort made to
delegate to any committee the work of hearing
anv part of the evidence. 1t seems TO be agreed
sion on July 10 and spend week or ten days
ir hearing arguments and disposing of the case.
The more sanguine declare that the case be
closed up in week; the more conservative in
sist that the time will be two weeks, but there
is everywhere. even on the part of Justice Hook
er's counsel, extreme readiness to hasten a de-
termination. Members of both branches loudly
protested to-day against the expense and an
noyance incident to the extra session. and SEN
ator Owen Cassidy strongly urged immediate
action.
The Bracket report, which covered the whole
ground of the constitutional questions involved.
| VIII be printed soon for general distribution
SENATOR BRACKETS REPORT
Senator Bracket In the report states that. so
| far as he has been able to discover the Hooker
case is without precedent in the State. In re-
| gard TO removal for cause. over which point
| there has been much discussion, the Senator
| says:
What shall constitute cause is left entirely open.
can find warrant in the lsnguase Of the ,,;, sec,
tba light OF removal to eases of physical mental
| incapacity. There is no such express limitation
| After citing many authorities. Senator Brack-
| EFT says:
! nave come to the confident conclusion that the
the q two houses Of the Legislature if twothirds
concur and that the people have INTENDED 10,
check over. and to continue precisely rat respon,
sibility of the judiciary OF the state that as al
! nower resides in the people and is derived from
them ali officers. including judges are accountable
| to them. - .s.., 49,. .ntz =
| Inconsistent with an independent judiciary. III
| nertaIniy does not mean Judiciary without re
| sponsibiiity; It certainly does mean thar mem.
| her OF the Judiciary must order his IRE Whe on
| tbe bench and not performing onicial duty, ~
such fashion Will not scandaiize himself or IN,
banch or he must run the risk OF removal in thi:
| manner. and IL should mean
| Tne very difference in procedure and in result
| befvasn a trial for Impeachment and a remoVa
kv resQution. Indicates that 1t was intended ina