New-York tribune., 1905-02-02
ORDER HOOKER INQUIRY.
FIGHT IN THE ASSEMBLY.
Investigation Of Postal Craft
Charges to Begin Neat Week.
[nY rELnoaAgH TO THE TRIBuxEl

Albany, Feb. 1,--After the longest and most ex- !
citing session of the year the Assembly to-day
cepted the report of the Judiciary Committee rec
ommending investigation by that committee of /
the postal graft charges against Justice Warren
b. Hooker, OF the Supreme Court. BY decisive I
majority 1t stihed the amendments offered by
George NJ. Palmer. the Democratic leader and by
La Rue. of Jefferson County. a Republican men,
ber. the note authorizes the bar associations Of
New-York and Brooklyn to be represented at the
investigation and examine witnesses. the other
comforting the same privilege upon the jamestown
Bar Association This action taken after a
strong plea by Assemblyman Fish, chairman of
the committee. against the passage of either
amendment. Mr.. Fish insisted that the committee
could be trusted to act without fear favor. and
that any such amendment would indicate lack
of confidence in the committee. Tt noted that
the friends OF Justice Hooker all opposed the
ameDdments.
The recommendations of the Judiciary Committee
were finally accepted by a unanimous vote after
g heated debate. Assembyman Fish reported from
the judiciary Committee the resolution, the nat
ure Of which forecasted in The Tribune yester-
day After recitng the history of the charges their
treatment at the hands of the grievance committee
of the State Bar Association and the subsequent
request by Justice Hooker addressed to Speaker
Nixon and asking for a legislative investigation.
the resolution continued:
Resolved That the judiciary Committee of the
Assembly be and is hereby authorized and in
structed to inquire and fully investigate in regard
to the truth of the accusations against said War
B. Hooker contained in said communication
of the said jamestown Bar Association. and all
matters relating thereto connected Herewith.
and all other matters affecting the fitness Of said
Warren B. Hooker TO hold the high Office of Jus
tce of the Supreme Court and to report to the As
semby with all convenient speed the proceedings
had and the testimony taken by said committee
together with its opinion thereon. and such recon-
mendations as such committee may make in the
matter.
The said committee be and is hereby given and
granted all authority and power given and granted
to a committee of the legislature or either house
thereof by the legislative law NAV sit I'm sucb
place or places within the State as it may deem
necessary and proper for the convenience of wit
nesses or otherwise, may send for persons and
papers, compel the attendance of witnesses take
under oath oral testimony receive written evil
dence, and may for that purpose employ such
counsel and stenographer and other assistants as
II may need. That the sergeant-at-arms of the
Assembly shall attend said committee serve such
papers and perform such other duties as the COM
mittee may require. and that the said committee
shall report to the Assembly OF before March 15
c imnediately after this resolution was presented
GeoTge G M. Palmer, the Democratic leader offered
an amendment, making il mandatory on the part
OF the committee to have representatives. of the
sell This started the fight MI Fish bitterly on
posed posed the amendment; He urged that the whole
such requirement. '
Mr.. Palmer said:
want the committee to act as a tribunal, and
nave nave nothing to do with presenting the case de-
to or what questions shall be asked.
The Palmer amendment opposed by all the
Republican leaders. including Assemblyman Rogers,
of Broome, who said:
!. There must not be any suspicion that this nves-
tgaton IS not going to be conducted fairly Justice
aooker has demanded the investigation, and the
eeedings should be instituted or joint resolution
or the facts do not warrant any action The blight
s OF suspicion should not be thrust upon this com
suspicion put on the legislature now by unthinkng
persons and some newspapers.
Assemblymen Hooker. of Genesee and Ogden, Of
Monroe. both Republicans. favored the Palmer
amendment while declaring their confidence in the
committee.
The amendment was killed by vote Of 80 to S5,
Hooker and Ogden voting with the Democrats for it,
Immediately on the defeat of the Palmer resolu-
ton Assemblyman La Rue. of Jefferson, Republi-
can can member offered an amendment permitting the
this juncture there was wrangle over point of
Nixon. The point of order would have dismissed the
amendment and it charged by the Democrats
friends Of Justice Hooker This amendment was
with the Democrats The original resolution then
went TIN through pug una una5imousIy g o.os .o- .,
said: said Id i0' H'O' " ''S'''''"' p's' io' It. ne
1t can do no harm to let the jamestown Bar As
socation be represented, and it will serve to dispe
the Widespread feeling that a political effort is to
wash Judge Hooker.
The Judiciary Committee met after the session
and outlined q & in some degree its plans It selected
cation. Robert j. FISH of Madison. chairman of
the committee, said the hearing would take place
at Albany and Dunkirk. He said the committee
would confer with Mr.. Conan next Tuesday to
arrange for the taking of testimony the latter part
of next week
By resolution the committee invited the bar as
sociations Of New-York, Brooklyn and jamestown
and the State Bar Association to cooperate with
the Assembly, committee and it's counsel in pro
curing witnesses and evidence.
Chairman Fish said tonight:
The resolution Of the committee provides practi-
caliy for what Mr.. Palmer's and Mr.. La Rue's
amendments aimed to-day. but it would have
led TO endless confusion to give these associations
legal status principals in the inquiry with un-
limited right of cross-examinatiOn The public will
nave no ground for complaint of the good faith or
thoroughnesS of this investigation. Every practfca
bic facility will be given for the bringing relevant
testimony before the committee. I hope we can
nave the rrst hearing the latter part of week
Most OF the sessions of the committee will be held
cumstances require