The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-11
MAYBE HOOKER WILL GO FREE.
Con tinued from First Page.
public officer. and therefore for and as plea
to said charges says that he Is not guilty

HOT uOeS any OF Jnetn constitute III OueiSe
for which this respondent Is liable to removal
under Section II OF Article 0 Of the Consti-
tuition of the State Of New York. or for which
your honorable body under the Const tuition
Ia empowered to remove him from the office
Of Justice OF the Supreme Court OF the
State OF New York.
And for further and separate answer
to the said charges and each and every one
Of them. this respondent denies that your
honorable body has Jurisdiction to proceed
for the removal OF the respondent upon the
facts set forth in the statement Of causes
for removal herein.
The Judiciary Committees OF the two
houses met before noon and adopted the
plan of procedure as prepared by Judge
Henry B. Conan, the counsel for the COM
mittees and the Legislature. The plan as
proposed provides:
An the rules legal and usual in courts
Of record OF this State, 80 far as applicable
in regard to the introduction Of evidence
and the examination Of witnesses. shall be
Observed
After some discussion the word ZAP
plicable' was changed to practicable,
and there was warm debate as to whether
the words so far as practicable
should not be eliminated altogether. The
two committees split on this question evenly
and finally it was decided to report the plan
Of procedure without reference as to what
rules should govern the taking of evidence.
The Assembly spent some time in the dis
cussion OF the rules and finally inserted
the provision above quoted concerning
the introduction of evidence, and also
struck out the provision that the Assembly
should meet In secret session when 1t voted
upon the resolution to remove Jstice Hooker.
The contention was that the public was
entitled to know how every member voted
upon the question of Justice Hooker's re-
moval
action Of the Assembly upon the plan Of pro-
cedure and whenit was received the action
of the Assembly was approved, with the
exception OF the paragraph governing the
admission Of evidence.
At Senator Raines's suggestion that par
agraph was amended by adding thereto
as the same shall be interpreted by the
president and the joint session in accordance
with the procedure under the rule govern
ing appeals from the decision Of the Chair
Senator Grady made hard fight against
the adoption, OF the Assembly rule as
that in adopting it the Legislature changed
the hearing contemplated by the Consti-
tuition to be given Justice Hooker into a
trial.
Senator Grady insisted that the plan OF
procedure should be silent regarding any
rule governing the admission Of evidence,
for otherwise il the Legislature should
depart from the strict rules Of evidence it
might give Justice Hooker grounds for re-
viewing the action of the Legislature in
the courts. ~
Senator Grady, "a position not contem.
plated by the Constitution that he should
have. We are compelled to give Justice
Hooker a hearing but if You adopt this
rule he can compel us to give him trial
and bind us down to every rule, legal and
usual. in courts of record. Under this
proposed rule the Assembly, owing to its
large membership. could control the ac-
ton Of the Senate, even though ~ OF the
so Senators voted one way or another on
the question of sustaining the president
of the joint session in his decision as to
whether or not certain evidence sought
to be presented was legal
Senator Raines abored long and dill
gently before he was able to, get the Senate,
by vote of 10 to II. to adopt the rule as
amended by him, The Senator natanr worked We e
able to accomplish this. and striding to
the we'll Of the Senate Chamber with up
lifted arm. declared:
Il am simply oontending for procedure
which will not only do justice to the rights
of the people, but to Justice Hooker"
which the rule was adopted reconsidered,
but failed. Then he announced that he
would endeavor to have the rule changed
in the joint session Tomorrow, and said
that such an important rule should not be
adopted by the Senate except by 2e af-
fir?native votes.
On the adoption of the rule Senators
Coggeshall, Human, Malby, Page. SAKE.
Stevens and Tully (Repubcans) voted
with the five Democrats against it. II all
the Democrats had been present the rule
would have been defeated. Consequently,
tonight Senator Grady wired all Demo-
cratic Senators to be present.
When the Senate returned the plan Of
procedure to the Assembly, as amended,
Speaker Nixon wanted to have the Senate
amendments oonourred in at once. 1t was
then 10 P. NJ. Minority Leader Palmer
and asked that concurrence be postponed
until A. NJ. tomorrow. The Republican
leaders demurred to this and tried to force
a recess for dinner, so that the plan Of pro-
cedure could be adopted tonight. Then
Minority Leader Pal mer raised a question
OF no quorum, and the Speaker was forced
to permit the adjournment until o clock
in the morning. The plan of procedure as
adopted provides
That the joint session shall meet in the
Assembly CHAMBER every day except Sun M
10 p. NJ. but this rule may be changed at
any time and without previous notice.
The Leutenant-Governor or the President
pro TEN of the Senate. or in their absence
the Speaker of the Assembly, will preside
The clerks of both houses will attend and
keen separate records. At the time when
Justice Hooker has an opportunity to be
heard his name will be called by the clerk
OF the Senate, and he and his counsel will
be assigned to place within the bar. together
with the counsel for the Legislature. the State
Bar Association and the Bar Associations of
New York city. Brooklyn and jamestown.
The statement Of the cause will be read by
the clerk and Justice Hooker will be required
to answer In writing.
The Legislature has power to REQ uire the
attendance OF witnesses upon the appli cation
OF its counsel or the counsel for Justice
Hooker and to require the production OF
any PAPERS Such witnesses will receive the
same fees as are allowed witnesses in civil
actions.
The decis ion Of the presiding officer will
be Anal unless at least twenty members eN-
cept when the question will be determined
by the vote OF the Joint session, which upon
demand OF at least thirty members must be
taken by ayes and noes.
In the arguments of motions, points and
either side may be heard. A majority Of
quorum. At the conclusion OF the, evidence
time and place for the. final arguments Of
counsel land determine the number. length OF
time and the order. except that counsel for
the Legislature shall have the closing argu-
ment.