New-York tribune., 1905-06-17
THE EXTRA SESSION.

In spite of the determination Of Senator Jacob
Marks to do some iegislating with respect to
the Equitable Life Assurance Society, whether
the Governor asks it or not. and notwithstand-
ing any new tangled rules" as our neighbor
The World calls them, for shutting him off,
we are still of the impression that the extra
session Of the legislature called for June 21 will
deal with those topics and only those topics
which Governor Higgins suggests. The new
tangled rule" governing the subject is con-
tanned in Article ", Section 4, OF the constitu-
ton, and reads: "At extraordinary sessions no
subject shall be acted upon except such as the
Governor may recommend for consideration.
Not the eloquence and zeal of Senator Marks
but the messages of the Governor, will put
bounds to the legislatures activities. If there
are any pressing affairs which should have at
tention the attention can be secured only by
convincing the Governor of the fact
The call issued by Governor Higgins does not
specify any subject at all for consideration
His recommendations are reserved for one or
more messages. He may at the beginning of
the session suggest several topics, or may sug-
gest only one, and then make further recon-
mendations from time to time, if he sees fit
| The one paramount subject for which, as every
| body knows, the session is called is the Hooker
| case. That rightly takes precedence over every
| thing else. and not merely the legislators, but
| their constituents, should realize it. We have
repeatedly heard it remarked that a full vote
on this case would be difticult>to secure. 1t was
hot weather. and the members did not like
TO spend the summer at work. The accused
! Judge had friends who, whatever the evidence,
would see to it that absentees prevented the
necessary two-thirds vote for removal
Now, the people of this State should let every
one of their representatives understand that
this is no case for skulking, through either laz-
ness or cowardice. Every man who does not
vote on the Hooker charges should be marked
man and should be made to realize beforehand
that any failure of duty on his part will surely
bring its punishment. What the verdict on this
case should be we are far from suggesting
Only il must be a verdict, full verdict and
a verdict on the merits. The procedure for
removal for cause by concurrent resolution un-
der Article VI Section H. gives no warrant for
technical obstruction. The legislature is EN-
powered by the vote OF two-thirds of all the
menhers elected TO each house, after giving the
accused Judge a chance to be heard upon the
cause alleged against him, to remove In its
absolute discretion. 1t is judge OF merits
and morals in the broadest sense 1t may sim
MY decide that the conduct complained or,
whatever it be- units the official to render fur
tber satisfactory service. and there is no APP
neal It is the provision of the constitution spe-
ciaIlv made to secure the removal when pub
lie interests require, of men against whom no
inpeachment would lie Justice Hooker prom
ises to disprove the charges against him and
show that there is no moral reason for taking
such action If he does, it is for the fair
minded members of the legislature TO vote ac-
cordinglv A dismissal of the complaint by
vote emphatically favorable to Justice Hooker,
founded ON evidence favorable to him, would
be well received. A verdict based on technical
ties would only increase the scandal A failure
to reach any conclusive result because of abb
sentees would be just as bad. Every man
should feel bound TO hear the evidence and give
his vote one way or the other and every man
can be impressed with that duty II the atten-
tion of his constituents is kept steadily upon
him