The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-29
SENATE VOTES TO TRY HOOKER
HIS REMOVAL SEEMS CERTAIN
IF ODELL DOESN'T INTERFERE.
Dem ocratio senators VIII he Against
Him Now That They're Satisfied Lesls-
lature Has Jurlsdiction-Bracke
Able Arsument-Trial Set for July 10.

Him Now Tnat Ineyre Satisneu Lebis-
lature Has jurisdiction
Able Arsument-Triai Set for July 10.
ALBANY, June 2s.--Judging from remarks
made by Democratic Senators in this city
tonight, Supreme Court Justice Warren
B. Hooker might just as well resign now
and save the members of the Legislature
the trouble OF removing him IN the week
commencing Monday. July 10.
II Justice Hooker is expecting to have
Democratic votes to save him from being
removed he is counting without consulting
them. 80 some of them say. Having been
satisfied that the Legislature has juris-
diction under Section II OF Article vi. OF
the State Constitution, 1t is asserted that
the majority Of the Democratic Senator'S
will now vote to remove him. Justice
Rockers friends have been hoping all
along that a two-thirds vote could not be
secured in the Senate for his removal.
They had counted on securing the entire
fourteen Democratic votes and had relied
ON he votes of Senators Elsberg and SAKE
Of New York. McEwan Of Albany and
fancher Of Cattaraugus to prevent secur-
ing the "a votes required. Two Senators,
Barnes of Rensselaer, and Hill Of Buffalo,
are in Europe.
II no deal Is made between now and July
10. when the Legislature is to reconvene to
try Justice Hooker, the responsibility OF
tie failure TO remove him will be placed
with Chairman Benjamin B. Odell Jr
MIR. Ode's personal attorney, Edward
Lautert ach, was in Albany to-day and for
a time was an interested observer OF events
IN the Senate cham ler. II is admitted
on all sides that two-thrds vote can be
secured in the Assembly.
1t was thought that to-day test vote
might be had in the Senate when the report
Of the Senate Judiciary Committee was
made and the committee offered for adop-
ton the Assem- ly resolution calling upon
Justice Hooker to appear before the Legs
lature in joint session to show cause why
be should not he removed. But although
Senator Marks Tam) had offered to the
Senate Judiciary Committee RET as
uting the Jurisdiction of the Legislature
and Senator SAKE had said that he elleved
Judge Maynard was an abused man in
II o light of recent develop mente, the resolu-
ton was unanimously adopted. These
Senators however, were apsent; Am Ter
Barnes Burr, Cobb, Cogge hall, Els erg,
Hill, Human. and lully (Res anu fa"Ie!
The opinion of Senator Bra okett show
ing that the legislature had jurisdiction
was listened to with oonsiderab BILE interest
al q was COISN.'Ittl III e''i' ''''
that 5000 extra copies Of it were ordered
printed to be distributed among the law
,crs Of the State senator Grady offered
tho resolution for the printing, saving,
the members OF the judiciary COMMITTEE
were impressed Yesterday with the TACT
that they were establishing a precedent
v hich is to live forever.
Senator Bracket in his opinion showed
that Section II Of Article VI did not Imply
/, any sense that Justice of the Supreme
Oh, n 10
visions only for physical disability, lnsai NY
or anv such causes as has been asserted
i was Intended for. He maintained that
the section was inserted In the Constltu-
tim in 1921 for just such a purpose as TINS
OF q. but it left The matter OF cause for the
! agisature to determine He contenoed
tftt the section gave the Legislature ample
rcwer to proceed under its terms
He cited many authorizes Tor the opinion.
Re also quoted from the Massachusetts
law end gave other references. In con-
ciusion he said
whatever doubts / have had on the
subject have been solved and | have come
10 the confident conclusion that the right
Of removal, tor any cause whatever, exists
in tho two houses Of the Legislature. if two
thirds concur, and that the people haze
intended for over eighty years to keep pre-
cse,y that check over and to continue pre-
csr.y that responsibility of the judiciary OF
tho State; that az all power resides in the
PEOPLE and is derived from them all officers,
including Judges. are accountable to them.
Il am aware that many are fearful that
this is Inconsistent with an independent
judiciary. 1t certainly doe; not mean
Judiciary without esronsibility; it certainly
does mean that member OF the judiciary
must order his life while OF the bench and
10. performing official duty in such fashion
es W II not scandalize hmself or the bench,
or he must run the risk OF removal in this
rnarner, and it should so mean"
The members of the Legislature are
row anxious to have the whole matter
disposed Of in a hurry. 1t has been de-
will be required TO take the testimony in
the case AT first it had been proposed
to have the Legislature reconvene on
July, 5, but there was some opposition
to this, and the Senate Judiciary Com
n,ittee amended the Assembly resolution, |
vrh;ch had fixed the date for the appearance !
e Justice Hooker for June %, to July II |
ut 10 A. NJ Senator Cassidy objected !
IN this He wanted to proceed at once. !
lie said the coming and going from Albany |
lArs and he had become tired of this ad |
touring from time to time.
We have sat here to-day and listened
he said, "to the learned report of the Jul !
Va had known. that there was AN open /
DOOR through which a corrupt Judge could |
BE- given an exit
However. the amended resolution pro.
ciding for July II was adopted and sent |,
70 the Assembly. That body decided to
have a voice in the matter and changed !
the date to Monday, July 10, at p. NJ. The |
senate, however, accepted this.
4 recess was taken to give the Senate |
and Assembly Judiciary committees an !
opportunity to formulate plan of pro-
cedure and prepare rules for the trial.
However, the committees could not pre-
are them in that time and the Legislature |
fdjourned until Monday, July 10, at 1890
o'clock when the procedure and rules
viii be adopted. The trial will be before
both houses in joint session in the Assembly
chamber,