The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-11
MAYBE HOOKER WILL GO FREE.
Continued from First Page.
bic officer, and therefore for and as plea

, 10 sdlu CnHTgeS says lnHt ne ~ NOV Euli's'
| And for q further and separate answer
! to the said charges and each and every OF
| them, this respondent AYERS and insists that
! the several matters therein alleged DO not
| nor does any OF them constitute an oitense
| for which this respondent is liable to removal
under Section II of Article of the Consti-
tuition of the State of New York. or for winch
| your honorable body under the Constitution
IL empowered to remove him from the once
| of a Justice of tho Supreme Court OF tine
State OF New York.
And for a 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:
| "All the rules legal and usual in courts
of record of this State $50 far as applicable
in regard to the introduction of evidence
| and the examination of witnesses, shall be
observed"
After some discussion the word sap
plicabler was changed to practicable,
and there was warm debate as to whether
the words $50 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
cusslon 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
las 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 tight against
the adoption of the Assembly rule as
amended by Senator Raines, and declared
that in adopting it the Legislature changed
the hearing contemplated by the Consti-
tuition to be given Justice Hooker into
| trial =,
Senator Grady insisted that the plan Of
procedure should be silent regarding any
rule governing the admission of evidence
for otherwise if the Legislature should
depart from the strict rules of evidence 1t
might give Justice Hooker grounds for re-
viewing the action Of the Legislature IN
the courts.
"You are giving Justice Hooker. said
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 ana
usual, in courts of record. Under this
proposed rule the Assembly, owing TO its
| large membership, could control the &C
ton of the Senate, even though ~ of the
SO Senator's 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 present: tswas legal 80.
Senator Raiaes labored long and dill
gently bef5Sesl,e was able to get the Senate
by n vote OF 10 to IL. to adopt the rule as
amended by him. The Senator worked
himself into white heat before he was
able to accomplish this. and strding to
the we'll of the Senate Chamber with up
| lifted arm declared:
Il am simply contending for procedure
which will not only do Justice to the rights
of the people, but to Justice Hooker"
Senator Grady tried to have the vote by
which the rule was adopted reconsidcred,
| hut 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 20 at
! firmative votes.
On the adoption of the rule Senators
Coggeshall, Human, Malby, Page SAKE,
Stevens and Tuly Republicans) voted
with the five Democrats against it. If 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 concurred in at once. 1t was
then ITO p. NJ. Minority Leader Palmer
said he wanted to discuss the changes,
and asked that concurrence be postponed
until 9 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 Palmer raised question
of no quorum, and the Speaker was forced
to permit the adjournment until q o clock
in the morning. The plan OF procedure as
| adopted provides
That the joint session shall meet in the
day from 10 a. NJ. to i p. NJ. and from $50
| to o P. NJ, but this rule MAJ be changed at
any time and without previous notice.
| The lIieutenaNt-Governor or the President
| pro tenn, Of the Senate. or, in their absence.
| the Speaker Of the Assembly. will preside:
| The clerks of both houses will attend and
keep 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 a place within the bar. together
| with the counsel for the Legislature, tho 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 reonire the
| attendance of witnesses upon the nppli cation
| of it's 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. 80,
| be final unless at least twenty members en-
cept when the question will be determined
| bv 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
objection to evidence. only one counsel on