The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-11
MAYBE HOOKER WILL GO FREE.
Continued from First Pdoe.
public officer, and therefore for and as plea
to said charges SAYS that he Is not guilty.

! 10 the said charges and each ana every OF
| them, this respondent AYERS and insists that
! the several matters therein alleged do not
nor does any Of them constitute an oTense
| for which this respondent Is liable TO removal
| under Section ii Of Article OF the Const-
tuition OF the State Of New York. or for which
your honora bic body under the Constitution
| Is empo wered to remove him from the office
Of a Justice OF the Supreme Court of tho
| State Of New York.
And for further and separate answer
to the said charges and each and every one
| Of them, this respondent denies that your
| honorable body has jurisdiction to proceed
| for the removal Of the respondent upon the
! facts set forth In the statement Of causes
| for removal herein.
The Judiciary Committees OF the two
| houses met before noon and adopted the
! plan Of procedure as prepared by Judge
| Henry B. Conan. the counsel for the COM
mittees and the Legislature. The plan as
proposed provides;
-All the rules legal and usual in courts
Of record OF this State. so far as applicable
in regard to the introduction Of evidence
and the examination Of witnesses shall be
observed"
After some discussion the word zap
plicable" was changed to practicable,
and there was a warm debate as to whether
the words so far as practicable
should not be eliminated altogether. The
two committees split on this question evenly
and finally 1t was decided to report the plan
OF procedure without reference as to what
rules should govern the taking Of evidence.
The Assembly spent some time in the dis
c,lss!on OF the rules and finally inserted
the provision above quoted concerning
the Introduction of evidence, and also
struck out the provision that the Assembly
should meet in secret session when 1t voted
upon the resolution to remove Jstlce Hooker.
! The contention was that the public was
entitled to know how every member voted
upon the question of Justice Rockers re-
| moval
| Meanwhile the Senate was awaiting the
action of the Assembly upon the plan OF pro-
| cedure and when 1t was received the action
OF the Assembly was approved, with the
| exception of the paragraph governing the
| admission of evidence.
At Senator Raines suggestion that par
agraph was amended by adding thereto
4as the same shall be interpreted by the
president and the joint session in accordance
with the procedure under the rule govern
ing appeals from the decision of the Chair.
Senator Grady made a hard fight against
the adoption of the Assembly rule as
that in adopting it the Legislature changed
the hearing contemplated by the Consti-
tuition to be given Justice Hooker into
trial.
Senator Grady insisted that the plan of
| procedure should be silent regarding any
, rule governing the admission of evidence,
| for otherwise if the Legislature should
| depart from the strict rules OF evidence 1t
might give Justice Hooker grounds for re-
! viewing the action of the Legislature in
you are giving Justice Hooker said
Senator Grady, "a position not contem.
! plated by the Constitution that he should
! have Vie are compelled to give Justice
Hooker a hearing, but if you adopt this
, rule he can compel us to give him trial
and bind us down to every rule, legal and
| usual, in courts of record Under this
proposed rule the Assembly, owing to its
large membership, could control the ac-
ton Of the Senate, even though ~ OF the
the question of sustaining the president
of the joint session in his decision as to
whether or not certain evidence sought
to be presented was legal
Senator Raines labored long and dill
gently before he was able to get the Senate,
amended by him. The Senator worked
himself into a white heat before he was
able to accomplish this and striding to
the we'll of the Senate Chamber with up
lifted arm. declared:
Il am simply contending for procedure
which will not only do justice to the rights
of the PEOPLE, but to Justice Hooker"
Senator Grady tried to have the vote by
which the rule was adopted reoonsidered,
but failed. Then he announced that he
would endeavor to have the rule changed
in the joint session tomorrow, and said
that such an important rule should not be
adopted by the Senate except by 20 af-
firlnative votes.
On the adoption Of the rule Senators
Coggeshall Human, Malby. Page, SAKE,
Fall. opol I'd
with the five Democrats against it. II all
the Democrats had been present the rule
would have been defeated Consequently,
tonight Senator Grady wired all Demo-
cratic Senators TO he present.
v hen the Senate returned the plan Of
procedure to the Assembly. as amended,
Speaker Nixon wanted to have the Senate
amendments concurred in at once. 1t was
then 10 P NJ. Minority Leader Palmer
said he wanted to discuss the changes.
and asked that concurrence be postponed
until A. NJ. Tomorrow. The Republican
leaders demurred to this and tried to force
a recess for dinner, so that the plan Of pro-
cedure could be adopted tonight. Then
Minority Leader Palmer raised a question
of no quorum and the Speaker was forced
to permit the adjournment until 0 clock
in the morning. The plan of procedure as
adopted provides
That the joint session shall meet in the
Assembly CHAMBER every DAY except sIm, sg 10
DIV from ~ a. NJ. 10 ! r. NJ, anu IRON 3U
to q p. NJ, but this rule may be changed at
any time and without previous notice.
The Lieutenant tiovernor or the President
pro tenn. Of the Senate. or. In their absence.
the Speaker Of the Assembly. will preside:
The clerks of both houses will attend and
keep separate records. At the time when
Justice Hooker has an opportunity to be
of the senate. and he and his counsel will
be assigned to a place within the bar. together
with the counsel for the Legislature, the State
Bar Association and the Bar Associations Of
New York city. Brooklyn and Jamcsto
The statement of the cause will be read by
the clerk, and Justice Hooker will be required
TO answer in writing.
The Legislature has power to require the
attendance of witnesses upon the apple cation
Of its counsel or the counsel for Justice
locker and 10 require the production OF
any PAPERS. Such witnesses will receive the
same fees as are allowed witnesses in civil
actions. m
The decis ion of the presiding officer will
be final unless at least twenty members eX.
cept when the question will be determined
BY the vote Of the Joint session. which upon
demand Of at least thirty members must be
taken by ayes and noes.
In the arguments of motions. points and
objection to evidence. only one counsel on
either side may be heard a majority OF
members of both houses will constitute a
quorum. At the conclusion of the evidence
tho Joint session by resolution will fix tho