The Penn's Grove record., 1905-07-28
HOOKER NOT REMOVED
Resolution Aimed at Justice Defeated
in New York Legislature.
Vote in Assembly Was 70 Ayes to ca
Noes-One Hundred Votes Required
to Pass It-Senate Did Not Act.

Albany, N. Y.-Supreme Court Jus
tice Warren B. Hooker, of Fredonia,
escaped removal from office by the fail.
ure of the removal resolution to receive
the necessary two-thirds vote of the
Assembly, the Senate not being com.
PEELED to put itself on record.
The vote on the resolution was: Ayes,
rs; noes, 81. One hundred votes were
necessary to pass the resolution, and,
owing to absentees and vacancies, only
46 votes were required to defeat it.
Forty-one Republicans and thirty-tive
Democrats voted for removal; fifty
eight Republicans and nine Democrats
against removal.
After the defeat of the resolution
was announced Mr.. Agnew moved that
since a majority of the members fav-
Ored removal, the Assembly adopt Il
resolution censuring Justice Hooker.
The resolution was tabled and practi-
cally killed by a large vote.
At the conclusion of action Oh the
Hooker resolution Assemblyman Tom
kins offered a resolution declaring that
the testimony of State Tax Commits
lOlAC 11CSlCl Il. kCteuIlS lluu DOGu uIS-
credited and repudiated, and that he
had been found guilty of "subornation
of perjury or perjury" and calling
upon the Governor to bring about an
investigation of his conduct, with a
view to removing him from office. The
resolution was ruled out of order.
The question of the removal of JUS
tice Hooker came in final form before
the Legislature at 1910 o'clock, when
Assemblyman Robert j. Fish, of Madi-
son, Chairman of the Assembly Com
mittee on the Judiciary, presented for
adoption a concurrent resolution call
ing for the removal of Justice Hooker
on the ground that the said Warren
b. Hooker. while a representative in
Congress, prior to the tenth day Of No
vember, 1893, and while a Justice of
the Supreme Court of the State of New
York since the said tenth day of No
vember, 1898, has been wilfully guilty
of corrupt, unlawful and immoral acts,
which have tended to bring and have
brought the said office of Justice of the
Supreme Court and the administration
of justice into contempt, and which
show q personal unftness on the part
VI Sdlu warren ID. I1OOhel W AOlu dIIu
occupy the office of Justice of the Su-
preme Court, which acts and conduct
are set forth and described in the fol-
lowing allegations and specifications"
The vote upon this resolution was
announced to be the only action neces-
sary for the Assembly.
The most dramatic incident was the
heated speech of the floor leader of the
majority, James I. Rogers, of Broome,
who voted in favor of Justice Hooker
after a remarkable address, which
closed with an imprisoned appeal for
clemency. He recommended that the
Legislature say to the Justice, go,
and sin no more"
Justice Hooker, unless he should re-
sign or something unforeseen should
happen, will remain on the Supreme
Court bench for nine and a half years
more. He showed great satisfaction
when informed of the result of the
vote, but gave no indication as to his
intentions. Although elected in the
Eighth Judicial District, which in
cludes Erie County, he is at present
serving on the Appellate Division
bench in Brooklyn.