The evening world., 1905-07-20
Lower House Votes Against
Judges Removal from the
Bench on Charges.
SENATE WILL NOT ACT.
Albany Considers Matter Def
niteiy Closed and the Bar
Association Defeated.
FAVORlNG VOTES CAME FAST.
Necessary Number Assuring Re.
tention of Accused Justice Com
pleted by Brooklyn Man

ALBANY, July 20.-By a vote OF
seventy-six ayes and sixty-seven noes
the Assembly to-day rejected the
charges against Justice W 3. Hooker OF
being unfit to sit on the Supreme Court
Bench of the State. AS a result Justice
Hooker is free to serve as a member
of the Appellate Division OF the SUI
preme Court, Second Department. To
remove him 1t required 100 votes. or two-
thirds Of all the members elected to
the Assembly.
The refusal Of the Lower House to
adopt the resolution OF removal made
It unnecessary for the Senate to act, as
the constitution requires hat the re-
moval of a justice shall be by concur
rent resolution.
How They Voted.
A detail vote on the resolution FOL
lows:
For removal: Republicans-Agnew, F.
2. Allen. ]. Galien, Bass, Becker, Bel
hilf, Burnett, Cabin, Cotton, Coutant,
/. Cowan, Cox. Cunningham, Etzel. Evans.
y Fish, Hammond, Hooker, Hubbs, La
Rue. Lewis, Miller, Moreland. Murphy,
Ogden. O'Neil. Pratt, Prentice, Reeve,
6choeneck. ]. E.. Smith, Standard. Stan
ley. Steele, G. F. Thompson. Wads-
(. worth. Wainwright, F. G. Whitney. Will
: son.. F. c.. Wood and F. X. Wood-n.
Observation-Disclosures, Bird, Burns, Bur
xynski, Calm, Caughlin, Cooke, Dodd.
Donovan. Ellis, Everett, FItzsimons.
Fuller, Hackett, Hornidge, La Fetra.
Machacek. Malloy. McKeown, Nc
! Manus, Nugent, Palmer. Prince, Rosen-
stein, Salamon, Sammon, ~Shanahan.
sheehy. Sherry, A. E. Smith, r. H.
Smith. Tompkins. Wagner. Wedemsyer
and Wiegand-35. T~otal-76.
Against removal. Republicans-Apsar
Bedell. Beebe. Bistand. Brady. Brooks.
Callahan, Carrier, E. e. Charles. W.
!. B. Charles, Coon. Bowling. Foelker.
Foster, Francisco. Freidel, Gardner.
Gates, Gratten, Gray. Hanford. Hape-
man, Hartman, Hastings, Hurd. Knapp.
Legget. Miller, C. R.. Matthews, Mead.
Merritt. Monroe, Newton, Parker.
Patton. Pendry, Perry. Phillips. Platt.
Rigby. Rogers. Santee. Scovlll. Sheldon,
Ehuttleworth. Slocum. A. P. Smith. ].
T. Smith. Stevens, Tenjost, ThoDet,
Waddell. West, Wemple. G. II. Whitney,
wilsnack, Yale, and Young IS. Demo
crats-Byrne, Dale, Gurnett, Kavan-
augh, t. F. Matthews, Quinn, Reilly,
Sullivan, and Wolf. Q. Total CT.
There were IA Assemblymen present,
l43 voting. Speaker Nixon did rot vote.
/, The members who We're absent were
Grady, Hooker, Wade and ]. A. Thomp-
son. There are two vacancies In the
Assembly caused by the deaths OF AS
se1nblymen Plank and Perham.
Reilly Settled It.
Assemblyman Reilly, Of Kings Coun'
", cast the forty-sixth and deciding
vote against the resolution, assuring
rs dedeat
The question OF the removal from
ONCE of Justice Hooker came in fna
form when Assemblyman Rober
]. Fish, of Madison, chairman of tht
Assembly Committee on the judiciary
! presented fo- edootion O. concurren
resolution.
This called for the removal OF Justic
Hooker, on the ground that the sal
Warren b. Hooker. while a representa-
tive in Congress. prior TO the tenth da.
of November. 1895. and While a Just!c
of the Supreme Cour of the State o
New York since the said tenth day O
November, 1885. has been wilfully guilt
of corrupt. unlawful n immoral acts
which have tended TO bring and hav
. brought the said office OF Justice of tn
Supreme Court and the adminlstratio
Of Justice into contempt. and whlc
show a personal unhtness IN the par
OF said Warren q. Hooker TO hold an
occupy the Office Of Justice OF the Su
prcme Court"