New-York tribune., 1905-01-19
DROPS HOOKER CHARGES.
STORMY SESSION OF. BAR.
State Association Votes to Take No
Further Action.


Albany Jan. 1S.-FolIowing one of the most
exciting sessions in it's history. the New-York
State Bar Association this afternoon adopted a
resolution which, although formally disapprov-
ing of his alleged acts. practically clears Jus
tice Warren B. Hooker of any act While on the
bench which would warrant the association
in submitting the matter to the legislature for
its action This course was outlined in a series
of resolutions offered by Simon Fleischmann, OF
Buffalo, which adopted by a vote of 81
to S4.
More than two hundred members of the asso-
citation assembled in the Common Council cham
Der when the report Of the grievance committee,
which was presented yesterday. was taken up
for action. This report includes findings of fact
and conclusions on alleged irregularities by Jus
tice Hooker in connection with the postofices at
Fredonia and Dunkirk and was adopted by q
practically unanimous vote.
Charles w. Hnrichs of Brooklyn. offered
a resolution which provided for the appointment
of committee of the bar association TO formu-
late charges and present them TO the legis-
lature. Simon Fleischmam proposed an amend
ment which declared that there was nothing in
the acts of Justice Hooker which violated the
law. and resolved as follows:
Ffrst-That the New-York State Bar Association
disapprove all such political acts as are disclosed
tee be received and Aled
Third-That further action be taken by this
association thereon, or with reference thereto.
Macgrane Coke of New-York, offered an
amendment that the case be referred to the leg
isIature for investigation. The first vote was
taken or Mr.. Coxe's amendment. which was de-
feated by vote of 101 70 81. Mr.. Fleisch-
,nann's amendment was then adopted and the
association a1joUrned with ringing cheer from
the friends Of Justice Hooker. At several times
there were parliamentary tangies, but Judge
Hand, who presided. held the excited members
In control, and matters were finally Strengthened
out.
Mr. sTETsON SECONDS RESOLUTION.
Mr.. Coxe's resolution was that the report Of the
grievance committee be transferred to the legis-
lature with the recommendation that further
investigation be made by the legislature. 1t
was seconded by Francis Lynde Stetson. of
New-York.
What harm can it do?" asked Mr.. Coke. in ref
erence to his resolution. 1T does not impeach;
1t does not recommend impeachment But if it
should fail the legislature could say: What is
there for US to investigate? The Bar Associa-
ton has discussed the matter Why should any
friends Of Mr.. Hooker wish to oppose the amend
ment? Isn't it the wise course? 1t is much
better that no member Of this body should stand
as prosecutor. 1t isn't the wise course 1 be-
lieve 1t TO be our duty to give the legislature the
result of our investigating, but go no further
Supporting his resolution, Mr.. Hinriehs said:
I am glad the importance Of the matter has has
of the sincerity of my purpose in framing my
etmosphere but find what is to be acted upon.
and then act men. The resolution does not con-
template impeachment but the legislature has the
summary power of removal for cause. The cause. as
t. is wnen se sbeud S ba8e taK
it the Bar Association is somewhat in the position
cussion that we have reached point where some
one brave enough shall formulate charges?
Pail who was appointed at the request of Justice
y HookTr snScrat 9 r9 He was in business transaction
with Mrs Hooker and became indebted TO her.
We find that Balls salary as postoh1ce borer
almost in toto goes to discharge note originally
ndorsed by Mrs Ho9ksr In ny jgdgmepIt this is
he is not conscious of having done anything wrong.
mvseIf swore when took oath as a lawyer that
I would minister to the justice OF all want TO be
Vote down I this propositon born of timidty and
vote bravey and squarely in favor Of resolution
we understand
Calvin E. Keach. of Troy. urged the Bar AS
soclation TO go slowly in the matter. He had
heard prominent member of the association
remark that il a terrible mistake that the
matter was ever taken up by the association"
WOULD FORGET THE WHOLE MATTER.
NO charge has ever been made against JUS
tiee Hooker" Mr.. Keach said. Let Mr. Hunt
ington, who made supplemental report, take
the matter to the legislature if he wants to.
But we should relegate this whole matter to the
realms of forgetfulness
William f. Kssellburgh made an earnest de-
fence of Justice Hooker He was impressed he
said with Mr. Hlnrichs's eloquence. but not his
logic.
IT is not a question of professional courage"
Mr.. Kisselburgh declared. but one OF human
intelligence What facts does the committee
mort show that could be acted upon?"
Mr.. KisseHburgh reviewed the Ball appoint
nent. and said that il there had been any
wrong in the case it neglect of duty the
part OF the postmaster
..'The evidence does not show that Justice
Hooker had any knowledge CT the fact that the
appointment was Unnecessary" Mr.. Kissellburgh
remarked.
w J. WEIGH OF New-York spoke in support
of Mr.. Coxe's resolution
II say it Is a farce" he declared Ito investi-
gate as we have done and not submit the re-
suit OF that investigation 10 the legislature.
which has power 10 act"
Lewis z. Carr. OF Albany. spoke in favor OF
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