The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-28
DECIDE HOOKER CAN Be TRIED
LEGISLATURE ASJURISDICTION.
SENATE COMMITTEE VOTES.
Grady and McCarren Chime In with tho
"thers-Doubted Now n the Justice
Can Get Fifteen Votes Against a
Resolution Providing for Renoyal

ALBANY. June Pin view of the aroused
puniic sentiment tonight 1t is matter of
much mystery where Supreme Court Justice
warren b. Hooker can get fifteen members
OF the State Senate to vote to keep him on
the bench and against resolution providing
for his removal.
This afternoon the Senate Judiciary Com
mittee met and after being in session an hour
ana a nan unanimously voted that the Leg
islature has jurisdiction to try him and
tomorrow Will report the resolution of the
Assembly Judiciary Committee preferrine
charges against Justice Hooker to the
Senate.
Senators Thomas F. Grady and Patrick
a. McCarren. who had loudly protested
that the Legislature had no Jurisdiction in
tne matter voted for that resolution this
AFTERNOON. Other members Of the COM
,n''tee present were Senators Bracket,
DAVIS, Aids, Lewis, Page and Ranes The
absences were Senators Marks, Elsberg,
Armstrong, Warwick and Cobb.
Senator Bracket, chairman OF the com.
!hncee' presented twenty-five pa ge opin-
ION showing that the lie legislature had juris-
oio.ion TO proceed against Justice Hooker
ana TO try him, aud also to remove him.
ohe OF the opinions cited Is that Of a case
OF Massachusetts, Probate Judge. There
the removal was on address This Judge
In 1854 had served as a Uoited g. =,
missioner and had sa.., Phillips learned
back ta,,e incident and hs addressed the
Governor OF Massachusetts to remove him.
The Governor refused to do 30. In 1887
another Governor had been inaugurated'
Wendell Phillips addressed him to remove
III tk,iS TINA he succeeded III
carrying his point.
and here" said Senator Bracket, we
have the case Of a man being removed
from Office for an act committed prior W 'ne
time he was Judge.
In his opinion Senator Bracket cites
other Gases which show that the Legislature
not only has right but that the preoeaeh'
OF such proceeding has been established.
II vas known last week that the Hooker
adherents had every hope Of the Senate
Judiciary Committee voting that the Legis-
lature did not have jurisdiction to try
,lnstice Hooker on the charges preferred.
The Hooker people hope to be able to
prevent the removal through the NANNY
Of the prosecutors to secure two-thirds
vote in the Senate. There are TWO aosen,
senator's. Barnes OF Rensselaer, and HUI
| OF BunalO, so tnat ~ NoNeH o'N '>f~'
Get the necessary two-thrds vote OF al!
| Senator present Last week 1t was asserted
that the fourteen Democratic senators
would vote against removal. and that they
would he joined by Senators Elsberg ana
save OF New York and McEwen OF Albany,
Republicans. 49,.
Whether the deal made prior to last
weeks session OF the Legislature is stu
in force in view Of the aroused public sent-
ment demanding the removal OF Justice
Hooker cannot be learned tonight, How
ever the Hooker adherents are stu OK
the opinion that two-thirds vote in favor
~ removal cannot be secured in the Senate.
Tomorrow the Senate and Assembly
Judiciary Committees will meet and out
line a plan OF procedure for the trial OF
the accused Justice and then will report
IN the two Houses. The Legislature Is to
meet at 3 o'clock tomorrow afternoon
70 receive the report Of the Senate Judiciary
Committee. When that ia made the SENATE
will adopt the resolution calling upor
Justice Hooker to appear before the l.egis
lature and show cause why be shall no
he removed from Office 1t is likely ina
the date selected for his appearance lie
fore the Legislature to answer the charge
will he some time after next week