New-York tribune., 1905-06-22
HITCH IN THE HO0kE }CA>E
UEEKS DEL1Y GRANTED.
Committee Gets Time to Consider
Legality of Remoua5 Method.
lsx rE-EonApH TO TIE TRIBUNE


of the investigation of the Assembly committee
on the Hooker charges was referred decided by
a vote of Z to to ask for week III which to
consider the legal questions involved in a re-
movai CT Supreme Court justice under the con-
stitution. This caused a somewhat sharp de-
bate in which the Democrats without exception
advocated the granting of the committees re-
quest, and finally. by a of ~ to 49, four
teen Democrats and ten Republicans voting in
favor of the resolutions and nineteen Republi-
cans against the report, this was granted, and,
after favorable action it by the Assembly
the legislature adjourned until o'clock on
Wednesday, June %.
The action in the Senate committee to-day is
taken by many to indicate that owing to the de-
velopment of sentiment in the Senate against
the proposed method of procedure, the report of
the Senate committee on next Wednesday will
be unfavorable to proceeding under the section
of the constitution contemplated, either
through conviction that the legislature has no
! jurisdiction, since Justice Hookers alleged Of
fences were none of them committed while he
sat the bench, or because of a determination
| that removal for such offences not in the
minds of the trainers of the section of the con-
stitution In this event the Senate Judiciary
| Committee might decline to report the charges
| framed by the Assembly committee, and the
ceptance of this report would end the matter
charged only to the legal question raised and
the opinions expressed by the judges. since the
unanimous vote of the Democratic minority
! was cast in favor of such action to-day. thus
eliminating all possibility of the charge of par
tisan activity in behalf of Justice Hooker
The Governors message follows:
To the Legislature.
| Warren B. Hooker one of the justices of the
Supreme Court of the State of New-York. hav-
ing requested a legislative inquiry to his con-
duct and the Assembly having referred the sale
| request to its Committee on Judiciary, and teStl-
mony having been taken before said committee
and a report having been made by 1t;
And, upon the recommendation OF said com
! nttee contained in its said report, the Assembly
having unanimously voted that proceedings be
taken for the removal of said Warren B, Hooker
from the said office of Justice of the Supreme
Court, and having directed its Committee on
Judiciary to formulate rules of practice ard
the cause alleged for such removal and to re-
| port the same to the Assembly;
And the Legislature having adjourned leav-
ing said matter in abeyance
And l. deeming the occasion an extraordinary
one, having convened the legislature in ex-
traordinary session.
visions of section of article iv of the constltu-
tion do hereby recommend for your consld-
duct of said Warren B. Hooker and the ques-
tion of his removal from the office of Justice OF
FRANK w HIGGINS.
The story of the days proceedings. which were
technical and tedious, is briefly told. In the
morning the Assembly received the report of the
Judiciary Committee containing the evidence of
their hearings the charges. against Justice
Hooker and after some debate adopted them by
vote of 101 to 3. Assemblymen Hartmann
| Francisco and Rigby voting in the negative and
| all expressing doubt to the proprety Of the
| proposed proceedings, proposition to invite
the State, New-York City, Brooklyn and James
| town bar associations to be represented in the
| proceedings was defeated by vote of 62 to 20
| The report of the Judiciary Committee was then
| sent TO the Senate, which had been in session
| awaiting it. and on its reception there was
| promptly referred to the Senate Judiciary COM
| nittee Up to this moment the proceed
| ings had followed the expected course, out
| at this point Senator Bracket chairman OF
| the judiciary Committee, gave notice that
| there was in his committee a disposition
| 20 question the propriety of the proceed
| ings proposed and a desire to investigate the
| whole question in detail. Such an inquiry, he
| declared would take weeks He agreed
| however to call his committee at once and have
| a test vote on the matter After an hours
| session the members Of the committee returned
| with evident signs of stormy session 1t was
| then learned that by vote of to q the decision
| had been reached to ask for weeks delay
This meant shelving the Assembly programme
which had contemplated beginning the actual
| hearing by the JOINT session on June "a
| senator Bracket made brief report, asking
! on behalf of a majority of the committee that
! there be weeks recess IN whicn the coIlhilttee
| might examine the propriety of removal pro-
| caedines with reference the alleged causes
| now under consideration. This report provoked
| a long debate Senators Elsberg. Lewis, McCar-
ron Grady Marks and SAKE and number OF
| others favored the resolution Senators Malby
| Raines Armstrong and Page opposed IT. Ii soon
| became apparent that the minority was soldIy
! in favor Of delay. Senator Sake declared In tne
! dabate that while he had little doubt as TO the
| jurisdiction of the legislature, ne was eh'lelS
opposed to the exercise of it. me other speaA.
rs urged that in the taking of so important
| e+an ard the establishing of so vital precedent
II was necessary to proceed with caution ,tt aIu
| care At the end of long DEBATE tIe DI %" 49,
resolution was carried by a Vote Vi n " ~ ''o
| minority voting sOlidly for u
TO ASSEMBLY FOR CONCURRENCE
Tho resolution then went to the Assembly for
concurrence. Here there was some protest at
! the delay. Assemblyrnan FRANCISCO causeo Soi'ie
! comment by remarking:
Are the Senate going to keep us here for
four and a half minutes gain!
| "tiope not - said Speaker Nixon
Wen if IT'S any benefit to Hooker all rlsht'
I'm for Hooker first. last and all the time.
Tben without more debate the resolution was
! carried. IL. .. ao,, viii
! a,sa q weeks delay-for when the legislature
| raassembles next Wednesday ii can merely de-
| eide TO serve the charges on Justice HOOKER and
fx a day for hearing thereon-5iieIs 5i 10 ft Of a
! dfsnositjon TO regard il as a direct result vi
n,rinp opposition in judicial circles 10 the piih
| eeinle involved in removal for cause.
This expressed by senator III i i t's
/ r,rinoiple at stake involved the tenure oi an
! instices and the subordinatlon OF one pranch vi
! The State government to another. All A tniS al az
! ra+her with the position of the minority lndl-
| eeetas that Justice Hooker's case has ceased to