The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-21
HOOKER ESCAPES REMOVAL.
ONLY 70 VOTES AGAINST HIM IN
THE ASSEMBLY.
One Hundred Votes Necessary to Pass a
Removal ResOlutiOn-The TAPE.
worm Club" and the House OF Com.
mons Save Him-O Dem ocratic Votes.

Removal Resolution-The TAPE.
worm Club" and the House Of Com.
mons Save Him-O Dem 0cratic Votes.
ALBANY, July 20.-Warren B, Hooker Of
Fredonia, Chau tauqua county, can, II he
chooses, sit a. member Of the Supreme
Court Of the State Of New York for nine
wears moro. Justice Hooker's champions
in the Assembly say that he will not
resign.
-ihey didn't get 100 votes to remove him.
thew say, so he Is indicated. The fact
that majority Of the members Of the As
sembly voted for removal does not count.
We worked to save him, and we did it."
But there were seventy-six members OF
the Assembly who believed that Judge
should not mix up in party graft and who
openly expressed themselves as believing
as Justice Of the Supreme Court. The
Tape Worm Club and the House Of Com
mons, dominated and controlled by Speaker
Nixon, saved him. They secured fifty-eight
Republicans to vote against removal, and
Senator Patrick Henry McCarren delivered
six Democratic votes from Kings county
and three other Democrats voted to retain
Justice Hooker on the bench. The strangest
part of it all is that not one man who voted
against Justice Hookers removal said that
the charges were untrue. They admitted
that they were true, but hadn't been proved,
and that he was no worse than many others
and shouldn't be singled out for punishment.
But the sensational part Of the Hooker
trial came when the Assembly took up the
question Of passing the bill appropriating
20 900 for the expenses OF the extra session.
Assemblyman Tompkins CTam) had en-
deavored to have a resolution read, but it
was ruled out OF order. That resolution
provided that the Governors attention
should be called to the testimony Of State
Tax Commissioner Lester F. Stearns on
the witness stand in behalf Of Justice
Hooker and that the Governor be asked
to remove him from his Office for COM
hitting perjury. Mr.. Stearns was accused
OF classifying in the sworn testimony Of
Attorney Farnham Of Dunkirk.
Assemblyman Fuller Dem, Kings)
offered an amendment to the appropriation
bill, which provided that Mr.. Stearns should
not receive witness fees. On this ques-
ton the Republicans lined up solidly against
Mr.. Fuller. Majority Leader Rogers ex-
cused Mr.. Stearns's perjured testimony
by saying that other men had been contra
dicted on tho witness stand. The amend
ment was defeated by an overwhelming
vote, and then the bill passed the Assembly
and was sent to the Senate, where 1t was
also passed.
There are some members who know
that they cannot come back for their stand
In this matter but such pressure was brought
to bear upon them that they did not dare
to vote for removal. Assemblyman Mead
Of Albany and Wemple Of Schenectady
are despised by the very people they stood
with. They are members Of the Assembly
Judiciary Committee and had voted to
report resolution for removal, yet they
voted against removal to-day. 1t was
known last winter that they wanted to vote
against reporting the resolution, but did
not have the courage to do 80. Benjamin
B. Odell, Jr., William Barnes, Jr., Frank s
Black, William l.. Ward and William G.
Warren of Buffalo all rendered yeoman
service for their friend Hooker.
This morning before the Assembly met
there was an air Of uncertainty about the
matter. The legislative leaders did not
want to thrust upon the Republican party
the responsibility Of defeating the removal
resolution. They had counted on getting
at least 30 Democratic votes to help them
out of their dilemma. When they started
to count noses they found that the Demo-
Gratis were almost solidly in favor of re-
moval, and this gave them considerable
uneasiness. But the House Of Commons
got in its work quickly.
The session was to have started at e:3O
o'clock, but it was twenty minutes later
when Speaker Nixon raped for order.
Then on the roll call 1t was found that there
were quite number OF absent members.
and this necessitated call Of the House,
and gave the House Of Commons all the
more time to get among the weak members
who were undecided just what they should
do.
There was no debate on the resolution
providing for removal, which was offered
by Assemblyman Fish, the chairman OF
the Assembly Judiciary Committee, and
who has made gallant fight In the interest
OF the publication Of the bench and to re-
move the stain from the Judiciary of this
State. The resolution was:
That said Warren B. Hooker. while
Representative in Congress. prior to the 10th
nay OF November. 1903. and while Justice
OF the Supreme Court OF the State Of New
York since said 10th day Of November. 1893.
has been wilfully guilty OF corrupt. unlawful
ana immoral acts which have tended TO
hring and have brought the said Justice Of
me Supreme Court and the administration
oi justice into contempt. and which show
personal undtness on the part of said War
rem B. Hooker to hold and occupy the ONCE
OF Justice of the Supreme Court.
Assemblyman Wood made an eloquent
speech before the vote was taken. He
was not quite sure of the jurisdiction Of the
Legislature in the matter, but 30 long as
senator Bracket had written an opinion
that it had the jurisdiction he was going
10 vote to compel the Senate to take its
share of responsibility. He said Justice
hooker was creature not only of prac-
'ise but of a system that has grown up in
dealing with Federal patronage, and that
ne was guilty Of gross Irregularities. and
ne believed that he should be grossly CEN
sured for his Irregularities.
Others contented themselves with ex-
planning their vote on the question. Two
minutes were allotted to each man to ex-