The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-15
SPECIAL SESSION NEXT WEEK
IS THE PROGR4M-COMPLAINT
AGAINST HOOKER DRAWN
by Assembly judiciary Committee. Sena.
tors Rem aiming Away-Gov. Higgins to
He Here TO.day-Rep0rt That Nixon 10
Picked for state Chairman Revived.

by Assembly Judiciary Committee. Sena.
tors Rem aiming Away-Gov. Higgins to
He Here TO.day-RepOrt That Nixon 10
Picked for state Charm an Revived.
The Judiciary Committee Of the Assem-
bly, met last evening at the Hotel Cadillac
to talk over the procedure which shall be
! followed in the trial Of Justice Warren b
Hooker at the special session Of the Legis-
lature. The members of the Assembly
committee had called for earlier in the day
conference with the Judiciary Committee
of the Senate.
Senators McCarren, Warwick and one
or two other members OF the commit ee
responded. but when they learned that
the object of the call was TO discuss he
form Of resolution calling for the remov val
Of Justice Hooker they refused to join
in the meeting Of the Assembly commit ee
on the ground that they did not see why
they should obey a summons from the
Assembly committee and, furt her, that
they were not called upon to AXE any steps
unit he special session had actually been
called
Thereupon the Assembly committee
met alone and drew up a formal complaint
against Judge Hooker, practically a rep
etition of the report which was made at
the regular session. In addition, the COM
mttee adopted form of resolution which
il to accompany the complaint and which
recommends the removal Of Judge Hooker,
Another resolution will be sent to the
Senate asking that body to concur. The
purpose of the action taken yesterday
by the Assembly committee was TO ex-
pedite the early work of the special ses-
sion.
The special session may he called as
soon as next Wednesday or Thursday.
Gov. Higgins. who arrived at Clean last
night from his Western trip, is expected
here to-day to consult with the many Re-
publican leaders who are here Just now,
and it ia stated that after this conference
the summons for the extra session will be
issued
One of the first things TO he decided at
the ssion will lie the form in which the
trial of Judge Hooker shall be conducted.
Some of the leaders Of the Legislature are
of the opinion that the Legislature is to
act as jury the witnesses should be hear d
by all of the members and not merely by
the committees. This will be one Of the
first questions for discussion. and accord
ing to some of the members of the 1Iegisla-
ture it will lead to n sharply defined issue.
Friends of Judge Hooker were saying
last night that no matter if the Legislature
should resolve to remove Judge Hooker
the courts will he called upon to pass on
the right of the Legislature to do it,
There has never kecn q precedent in this
State for the removal of "A Justice of the
Supreme Court by the Legislature, but Sec
ton II. Article vi of the Constitution SAYS.
Judges of the Court of Appeals and Jus
tces OF the Supreme Court may he re-
moved by concurrent resolution Of both
houses Of the Legislature, if two-thlrds of
all the members elected To each house
concur therein.
In spite of this. these friends of Justice
Hooker say they think that the power of
the Legislature to act alone on the removal
OF either class Of Judges can be questioned
"a an assumption of power over coprdi-
nate branch of the Government. The Court
Of Appeals. they point out, sits with the
Legislature on impeachment proceedings.
Chairman Odell had talks Yesterday with
Senator Ranes Senator Malby and Speaker
Nixon, The talk with Mr.. Malby had to do,
it was said with the approa ching Judiciary.
convention of the Fourth district, which is
to select a successor to Supreme Court
Justice Martin l.. Slower of Amsterdam.
Chairman Odell's talks with other up
country Republicans within the last two
days resulted in revival Yesterday of the
report that Mr.. Odell is planning to elect
Speaker Nixon at the Republican State
convention of 1908 to be his successor as
chairman Of the State committee,