New-York tribune., 1905-06-27
LETTERS TO THE EDITOR.
THE REMOVAL OF JUDGES.
Mr.. Young Thinks the Old Constitutional
Provision for It New and Dangerous

To the Editor of The Tribune.
Sir: The atmosphere surrounding the Judge
Hooker case seems to be clearing.
The majority of the Democrats in the Senate
have seen the light and a few brainy thinking
Republicans have clearly defined views OF the
meaning Of the constitution of the State of New
York, and, fortunately. they not of those Re
pubiicans who bear the same factional labels In
the public mind, being Of all supposed factions.
1t has occurred 30 the minds Of these legislators
that the constitution trainers OF 1894 did not mean
to up two methods OF impeachment; that they
merely meant to provide method for impeach-
rnent and one method for the removal Of judges
who by sickness or mental incapacity, could not
perform their duties. Judge Hooker is neither sick
nor insane; hence to the average mind 1t would
appear that he cannot be removed by two-thlros
vote for these causes. The judiciary Committee
reports that he has committed no impeachable Of
fences hence he cannot be removed by impeach-
ment-
The two-thirds removal clause first appeared IN
the constitution In 1894. 1t was framed by LOUIS
Marshall, now of this city. and explained on the
floor of the convention by Elihu Root, as a means
to rid the State of the expense OF maintaining
judges who sick or mentally afflcteo- II
was placed there. If common runor Is 20 Dc creo-
ited because at that time Judge Balcon was
dra wing a salary Supreme Court Judge. ana
had been for many years mentally and physlcaLy
incapable of performing any service. ana TO give
this section any meaning beyond the lntehoeo one
is to open the door for the removal OF Judges ioi
any whimsical cause whatever.
If two-thirds of the legislature believed IN the
Mortgage Tax law, recently passed, for instance
and some Judge declared it unconstitutional on the
theory to be invoked in Judge Hookers case the
legislature might the judge; Or TO llIustr'e
further If some future judge should violate CITY
ordinance by throwing ashes in the gutter ana pc
fined 81 for 1t, twenty years from now. WIEN tie
had ACQUIRED judicial ermne, the Legislature HuShS
remove him for his earlier lack OF knowieose aAo
indiscretiou. 20 +ba Ae
local paper says, Certain members OF tn the AS AS
senbly appear to think they know more law e tna-
the State Bar Association and their own commit
tee" If this exactly true. II Wou!d noL pe
strange when considers that the judiciary Cofa
mittee was made the subject OF violent eIIort "
make it defy the constitution. the newspapers pIac
tically unanimously Joining In frightening the mem
bers of the committee to death, or threatening Ie
with political extinction ,.s
Time has brought courage to many Oh the lesls-
lators and is to be hoped that they will vote 10
follow the "baying of the wolves.
Public opinion has been moulded by the neWspa-
pers in this matter Those who defy 1t Will learn
that 1t is safer to follow the landmarks than 70
chase strange gods, and that the day is shortIy
coming when the public viii realize that the CON
stftution is a greater safeguard than mahcious
newspaper attack. Nobody doubts the improprlSety
of some of the things with which Judge hooker
has been charged, but 1t is TO be hoped tnat me
matter and uphold the law. rather than seek 10
make the legislature above the judiciary IN reroy-
ing Judges for other than impeachaple
causes, or sickness, mental or physical -,->-c
CHARLES H. YOUNG.
New-York, June 26. 1905.