New-York tribune., 1905-06-28
REPORT HOOKER CHARGES
AUTHORITY FOR ACTION.
Decision of Senate Committee In
sures al-RemoOal Unlikely.
tBr TELEGRAPH TO THE TR1BUNE.l

Albany June 27.-The proceedings against
Justice Hooker will be continued and the ques-
ton of jurisdiction, so far the Senate is con-
cerned was settled by the Judiciary Committee,
which, after an extended session to-day, decided
to report without change the Assembly charges,
which had been referred to it.
Accompanying the report will be a statement
written by Senator Bracket, chairman OF the
committee. reviewing the whole question of
legislative Jurisdiction, both as written IN the
State constitution as indicated by debates in the
various constitutional conventions and finally as
employed in other States. This statement, which
covers twenty-five typewriter pages and Will
not be made public until tomorrow, disposes
definitely of the question of the legislative power
to remove for cause, effectively demolshihs the
arguments raised by certain quasi-constitutlohal
authorities but it does not pretend to deal Win
the question Of whether the present charges
against Justice Hooker are adequate to warrant
removal This question. it declares, is one Tor
the legislature, not any individual colhihlItee' "
settle.
It is conceded that this report, UNANIMOUSLY
adopted by the eight members of the committee
present including Senators Bracket ana Ralnes
on the Republican side and McCarren ana
Grady on the Democratic, will be accepted, and
that the trial of Justice Hooker will now pro-
ceed Just how soon the joint session Will De-
gin depends on Justice Hooker, who must now
be served with copy of the charges.
Lewis E. Carr, of this city, who is assoclateo
with John B. Stanchfied. of Elmira as Justlco
Hooker's counsel. said this evening that he De-
lieyed he and his colleagues would be ready 10
proceed with their clients defence without de-
law 'If we are served with copies or the
charges tomorrow" said he I'VE are prepared
to appear before the joint session on Thursday
morning"
The decision OF the Senate judiciary Coafiiilil
tee to proceed was generally expected Inc de-
Law they asked for last week has given rise 10
number of ingenious explanations, but the SIM
pIe truth seems to be that this committee, COM
posed of practising lawyers, desired care1uHy 10
examine the legal ground and study up on con con
stitItional points before expressing any oplnloE
that might even remotely reflect on thelr iesal
knowledge. 4ha+
Moreover it is said that they recognized tnat
the mo jurisdiction argument was one lnas
would be Immediately raised by the delence, anu
they desired to be ready to meet II. IhlS Is ap-
parently all that underlay their demand Ior
time .. ,,oo,ou
The question of the removal of Justice HOOKER
is an entirely different one. The Ialnfnahy
members seem to agree in defenolng ms ac.S
A number of Western New-York legislators VIII
not vote against him. and his remoVal seems
extremely unlikely at the present moment But
the action to-day is believed to foreteI nearly
a month of session fraught with all the dlf1cul-
ties that can beset a legislative body composed
largely of laymen wrestling with constitutional
and intricate legal problems.