The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-13
Removal OF Judges By Concurrent
Resolution.

Removal OF Judges By Concurrent
Resolution.
The course Of procedure recommended
to the Assembly Committee on Judiciary
in the case Of Supreme Court Justice
WARREN B. HOOKER, by its counsel,
sx-Deputy Attorney-General HENRY B,
CONAN, is prescribed in Section II OF
Article VI. Of the Constitution OF New
York State. This Is the section;
Judges Of the Court Of Appeals and Justices OF
the Supreme Court may be removed by concurrent
resolution Of both houses Of the Legislature, ~ two
thirds Of all the MEMBER elected to each house
concur therein. All other judicial ofheeD. except
justices Of the Peace and Ju~ Sc justices Of In
teror courts not Of record, may be removed BY
the Senate. on the recommendation Of the Gov.
smor II two thirds OF ell the members elected 70
the Senate concur therein. But no ofneeT shah be
removed BY virtue Of this section except for cause,
which shall be entered on the journals. nor unless
he shall have been served with a statement Of the
cause alleged. and shall have had an opportunity
TO be heard On the question Of removals. the
yeas and nays shAl be entered on the Journal
This method OF Kidding the State Of an
unworthy Judge ia radically different
from impeachment. Section IS Of the
same Article Of the Constitution provides
for impeachment as follows:
The Assembly shall have the power OF Impesch
ment BY . vote OF majority OF all the members
elected. The court for the trial Of lmpeachments
shall be composed Of the President OF the Senate.
the Senators, or the major part Of them and the
Judges Of the Court OF Appeals. or the major part
OF them. On the trial OF an impeachment against
the Governor OF Lieutenant Governor the Leuten-
ant Governor shall not act as member Of the
court. No judicial ofioeT shall exercise bis once
after articles Of Impeachment against him have
been preferred N the Senate, until he shall have
been acquitted. Before the trial OF an lmpssch-
ment the members Of the court shall take an oath
or Affirmation truly and impsulslly to try the i'm
parchment according to the evidence. and no per.
son shall be convicted without the concurrence Of
two thirds Of the members present Judgment In
cases Of Impeachment shall not extend further
than to removal from once or removal from once
and disqualification to hold and enjoy any once
OF honor. trust OF proht under this State. but the
parry lnpeLched shall be liable 10 indictment snd
punishment according to law
What Mr.. CONAN has recommended
is the removal by resolution Of WARREN
B. HooKER from the office that he
now holds. While United States Judge
CHARLES SwAYNE was on trial before the
Senate OF the United States on an i'm
parchment presented by the House Of
Representatives, his counsel, Messrs.
HIGGISs and THURsToN, in an exhaustive
argument, brought out clearly the diff
ference between removal by address"
for which the Federal Constitution makes
no provision, and removal after trial on
impeachment In cases Of removal by
resolution in this State no other punish
ment than forfeiture Of office can be In
fiicted on the offender by the Legislature.
Where an officer is convicted on impeach
ment, however he may be sentenced to
exclusion from the right to hold any Office
Of honor, trust or profit under the State,
Thus, removal by resolution is less
severe punishment than the other and,
Of course, it is intended to be applied in
cases in which the offences Of the ac-
cused, while serious enough TO warrant
forfeiture of his Office are not sufficiently
aggravated to make impeachment nee
essary.
The removal by resolution, under
Section II Of Article VI. Of the New
York Constitution, resembles closely the
removal by address provided for in
the Constitutions of several States, save
that in most Of the States the act Of re-
moval is TO be performed by the Gov
'ernor upon the address Of the Legisla-
ture, while in this State no executive act
il requir d TO carry out the mandate Of
the Legislative department.
To remove an officer by address in
this State it would be necessary for 100
Assemblymen and 81 Senators TO vote in
favor Of such action. The present Leg
islature consists of l4 Assemblymen
and SO Senators nominally Of the political
party to which WARREN B. HOOKER be-
longs, and 40 Assemblymen and IA Sena-
tors politically Of another faith. Mr.. |
CONAN is a Republican, as is Justice
HOOKER and the Assembly Committee !
on judiciary ia, Of course, controlled !
by members Of the Republican party.
II only 81 Republican Assemblymen and |
20 Senators Of that party should vote
against Justice HOOKER, all the Demo-
Gratis being against him, his removal
would be effected.
Justice HOOKER, il must be borne in
mind, Is an Odell Republican.