New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-24
THE EXTRA SESSION.

Governor Higgins takes the high view of the
requirements of the Hooker situation. His an
nouncement that there will surely be an extra
session of the legislature unless Justice Hooker
resigns indicates determination to have no de-
Law in clearing away all scandal from the admin
istrattOn Of justice If any of Justice Rockers
advisers have counselled delay, in the hope of a
more successful trial of the tactics employed
In the State Bar Association proceedings this
should serve to remind them of the necessity
Of facing the issue one way or the other at
once. There can be no compromise and no sup
preston of this case. Either Justice Hooker
must retire by resignation or removal, he
must show that the charge Of defrauding the
United States government is untrue. No de-
fence that the actions criticised were not taken
in judicial capacity, such as has been offered
IN his behalf. will serve TO rehabilitate him. 1t
is absolutely necessary that a judges personal
honesty be above suspicion. The mere assur
ance that he never did anything wrong in his
capacity as a judicial officer will not command
the confidence which must lie at the foundation
of our judicial system.
We have no desire to PREJUDICE the Hooker
case, but, unless Justice Hooker has some de-
fence to offer which goes to the facts Of the
matter and lays aside casuistry, we feel that
he will do himself and the public a service
by resigning. As have hitherto said, we
alleged against him TO be true, is the victim
of an evil and cynical school of politics rather
than a deliberate corruptionist. 1t is quite pos
sible that he thought of himself as a highly re
spectacle and useful public servant while he
was putting men TO draw government salaries
without doing any work. Machen, who yester-
day pleaded guilty Of conSpring to defraud the
government, says that he did not realize that
his interest in contracts was criminal. \ great
many men who would not take penny from
neighbor have been educated by loose ideas of
political morality to get what they can out
of the people as a whole without regard for
strict honesty. Such ethical standards are bad
enough everywhere, but they are intolerable
the bench. No litigant will ever appear be-
| fore Justice Hooker with due respect and con
fdence while the charges now pending are I'M
disposed of. And they cannot be disposed of by
any casustry by any vote which comes
short of a judgment that Justice Hooker did not
commit the acts in question for the purpose
Of having money drawn from the Treasury
which was not earned.
An extra session of the legislature costs a
large sum of money and the Governor thinks
none Of the many measures suggested for con-
sideratiOn important enough to warrant call,
/ though, if the Hooker case remains for trial.
| probably he will submit some Of these topics
| TO the lawmakers. While he regrets the neces-
| sity Of an extra session, he is right in refusing
| to let that regret delay a finding on the charges
against Justice Hooker. As he says, 1.-The in
! tegrity of the judiciary must be preserved"
| This attitude is just what all Of Governor
! Higgins's career would lead us to expect
/ With a quiet manner and conciliatory DISPOSE
! ton he combines determination, independence
and an austere moral sense. His private stand
ard of morals is his public standard and he
has no liberation for the theory that honesty
in politics is an iridescent dream