The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-20

l..
.'.,,;oct r. the attention - Tho stete
,.,,i,,ior A. raeuI, ,orio,,s
80. Y,tb toobric,, ,,,irr, obiaotad .,
lawyers WIN 'ecnnical rhlhos ooJec'ed TO
iu4-lA"H H'o the SUBJECT al All Inc
matter however, was referred to the grew
nuce committee after considerable debate.
JNat committee sat for a whole wear and
..'-.,.,,,,,,i '.,,,,,.t ,ortoi,i,,r ell
'i.'.'' "'eN "iNi'", containing NM
'ng- OF TACT ana reported TO the convention
oi tie State Bar Association which was
hold i'm Albany Yesterday and the day
b.fore
I'm, ... r ,t.. .i.,..,,,, oe.,,,,;.,o,
lhi9 repor' o. cue glleNa"ce iiiiii''eo
contained no formulated charges Again
n was urged by some of the gentlemen
present that the report was q mere state
-, &c oor,,i, TT, Vba, tho ranort
MN VI ''''' ~
came upon "'9p'ioh by 'he a77oClauoi'' III
meeting crowded to overlooking. it was
adopted without n dissenting vote The
..,,-,;or tho, .rosa ~ 70 yvba, sbouId ha
" 10, .S -
"pi'' Hh"u'u 'he aC'ioh oi the sIle'aHoe
committee and the Bar Association be re-
ferred 10 the Legislature without any spe-
,.c, r,co,,r,crdnt;op n, cb,roe or should
49, -, -. -, 49,, n
'i'' Ai' GU "Vu' A'o"" 90 .,'o ai
ISOLATION OF the state put INTO the form OF
technical charges that which the report OF
the grievance committee contained in the
-, e,,,ir,.. 80 r,.i,,,, r,o;o oasa ~ Ia.
wy ~ ''''-'' ms VI 3" =, 80 ~" -,
proper CoHuuCI On the parU vi 'usllce
Hooker?
Co. wished TO avoid having the action of the
Bar Association met in the Legislature by
the statement that until charges were
technically preferred there was nothing to
investigate or pass upon, | accordingly
offered a resolution that committee of the
Bar Association be appointed To formulate
charges and 20 prefer them TO the Legis-
lature. Thereupon a gentleman from Buff
falo offered a set of resolutions. with various
recitas. to the effect that Justice Hooker
had been guilty of some political impro-
prieties. which the Bar Association CON
demned, and that was about all.
Mr.. Coke then moved, by way Of an
amendment 10 this substitute, that the
matter be referred TO the Legislature. Mr.
Coke apparently did not want to have any
committee Of the Bar Association appointed
TO present the matter to the Legislature,
nor did he think II was necessary TO formu-
late technical charges.
/ believe that Mr. Hornblower and Mr.:
Stet-on thought tina the very general
resolution Of Mr.. Coke was enough. !
did not and have not changed my view.
believed that II was wrong for the State
Bar Association not to face the matter
sGiarey not 10 formulate snecltc charges
and not 20 appoint committee 10 present
them fo me legislature
evon among the MENTORS Of The bar, as TO
the findings Of the grievance committee.
find quite generally. for instance, that
lawyers hereabouts think that the acts
complained Of were committed by Justice
Hooker before re was Justice Of the Su
Tromo Count This ~ great mistake.
The vast majority of the acts complained
Of were committed after Justice Hooker
had taken his seat. some as late as 1902.
\ consideration Of these was taken up by
The jamestown Bar Association shortly
afterTard. and they were referred to the
state Bar Association IN January, 1904.
Tho action Of the associations was rea
-onlhlv prompt.
Another error which seems 10 he com
mon among my brethren Of tho bar is that
the Legislature has power only TO impeach
rni that Impeachment "a rest only upon
acts performed by Judge as such. This
Est does not seem TO he 50.
In the second place there is an entirely
distinct remedy under the Constitution.
The Legislature has power to remove a
Judge for cause after n hearing, and,
further the Legislature seems to be the
udge Of what that cause is. In the next
place. m such precedents az we have IL
was held that whether or not the wrongful
acts were committed before the person
charged became a Judge such acts could
bo taken into consideration. However,
the fact m connection with Justice Hooker's
conduct with one small exec ption. all arose
I'm my Judgment the result Of the meet
ing Of th, Bar Association is humiliating
ri probably will deprive that organization
&C ONE Of It's influence for good. There is
The Bar Association Of the City Of New York,
NJ which eE-Secretary Root Is president,
which -tll hos u in rs power 70 act Further
more we have an excellent Governor Of the
state Gov Higgins might bring the
matter 90 tho attention q tho legislature
was done by the Governor Of the State
m is1G in regard Ia the proceedings for the
removal Of County Judge George W. Smith
OF Onalda county.
'lf neither Of these steps is taken 1t would
ho la evidence Of moral decay in the com
mIuty IN which We live and a confirmation
H' ha suspicion generally entertained by
avW-n that lawyers are towards. Our
institutions cannot endute-indeed, they
ora undermined beyond recovery If the
o,mwInitt does not insist upon preserving
u'lr Judiciary free from even the suspicion
NJ Wpurlv.'
iH resolution offered by Macgrane Coke
m me meeting on Wednesday was as fol-
lows
feso'rci That the report md record Of