New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-06-30
DISAGREE OVER RULES.
HOOKER WISH REJECTED.
Extra Session Hits Legislators
Pockeibooks Hard.
Epr TELEGRAPH TO THE rRlpuNR.l

Albany. June 29.--Although the general rules
Of procedure for the Hooker case have been
agreed on, there are several points on which
there has as yet been no agreement between
the counsel for the accused justice and the spe-
eiai committee appointed yesterday to formulate
rules of procedure. Indeed. there is even some
difference in this committee on essential
ront. The main features OF this procedure
were described in these dispatches yesterday,
but The present stumbling block is on the rules
CT evidence.
The counsel for Justice Hooker desired that
the usual rules of evidence established by COM
mon legal procedure should obtain, and pre-
pared a provision TO this effecs. This was
amended 10 read, instead of the usual rules
OF evidence to apply that the usual rules
or evidence should apply, whenever applica-
BILE" This provoked long discussion, and
then there was a further amendment chang
ing the word applicable to practicable. To TINS
resolution the counsel for Justice Hooker OBJ
lected strenuously. and Majority Leader Rogers
OF the Assembly, coreurred in the objection 1t
was asserted that the defining of practicable
would make necessary a vote on each piece OF
evidence tend to delay the proceedings and
produce no little trouble III is suspected that
this provision will cause debate when the ses-
sion meets again, and that ii VIII then be re-
jected-
addition TO the PROVISIONS OF PROCEDURE
mentioned in The Tribune yesterday, providing
sasz- the presiding officer who sits as judge, this
officer TO be the Lieutenant Governor the
president pro tenn. of the Senate, the Speak
or of the Assembly the majority leader of
Bic Assembly his ruling TO be reversed only on
q majority vote of each body on the demand OF
twenty members the rules framed allow
debate only OIL the demand of thirty members,
and then only for five minutes 1t is assumed
rxaa the representatives of the four bar as
socistions are TO act as the prosecuting attor-
revs and they will be free to act as they desire.
The prospect OF closing the trial in a week ~
not at ali promising. although an agreement
has been made for both bodies 10 SIT IN Joint
session even on Saturday, if there is any pros
fecf of deciding the question. In an prop
ability IL will be settled in two weeks, however
The plain truth is that the extra session is
proving a severe strain on the personai resources
Of the legislators. who receive nothing for their
service are Obliged TO stay 81 hotels ano pay
the usual high rates that obtain during session
time The result is that the complaint IL VICE
srsread and that the verdict may De speedy IN
tho extreme as a result. AS was pointed out
last night the widespread change or sentiment
induced by public agitation as Well as Dy the
decisive character OF Senator bracKetts olseus.
sion of the constitutional problems involved
seems now 10 forecast q uEfavorab1e verdict
legislators in Albany to-day were as busy ex-
olajr1isle why they intended to vote against JUS
rrary last week While their reasons are equally
r,otenf In both cases there be no mistake
about the present trend, and il it continues until
the next meeting it VIII be decisive
The eergeant-a arms OF the Assembly ieft
here for Fredonia to-day to serve a copy OF the
charges on Justice Hooker. The latter was here
last mint and there seems TO have been no rea-
why he could not have been sess "a .n aa
sre and expenses of junket, which 10 q per-
Quisite OF the position.