New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-03
THE HOOKER CASE.

The unanimous report of the Assembly judi
ciarv Committee In the case of Justice Warren
B. Hooker must inevitably lead to ms renoVal
from, the bench. Even Justice Hooker himself,
however much he may protest his own recu-
indie. and however unwilling he may be to
retire under fire. must realize that his useful
ness as a judge has ended. Even II 1t We're
possible by hard fight to staVe OF the Vote
which wonId secure his removal, he would gain
nothing worth while. He could not command
the respect due to the court In which he sat-
every decision of his would be looked upon
with suspicion. and the whole administration
of Justice would be prejudiced. Probably the
best service Justice Hooker can do for hlmsef
and the State is to recognize the manifest IN
possibility Of his continuing to discharge judi
cial duties put on record such statelneht III
extenuation Of his acts and defence OF MS mo-
tiyes as he may choose to make, and either re-
sipn ar once or make no effort to delay removal
nv q concurrent vote Of the Senate and AS
sembly.
Personal iealousies and political antagonisms
ro+ber than pure motives Of reform led orig
inaIIy to the ventilation of this scandal, and
eoroa Of Justice Hooker's friends, perhaps JUS
Hca Hooker himself, felt that Judge whose
oonduc+ on the bench itself had not been I'M
neacbed was being prosecuted by attacks upon
his political activities. But the unanlmlty OF
the committee, consisting Of ten Hepuphcans
and three Democrats, puts the dndlng peyohu
cuch questioning. 1t is possible that justice
Hooker has been conscious Of no immortality I'M
fitting him for the bench. As the heir TO
bad system Of politics, he may have felt that
Dolitician's proper business was to look after
himself and his friends, The gpolsmen have
cursed themselves and their country with an
artificial code Of political honor which they
have often deluded themselves into thinking
was compatible with private morality. Justice
Hooker might have imagined himself q good
iudge and an honest man while securing ofnclaI
salaries for men who did not earn them. he
yrould NOT be the first man, or even the first
i71dqe who had cherished that idea. In pass
ing condemnation on his conduct let not our
moralists point to him as a sinner ABOVE iii
that dwell in Jerusalem. Wherever the splEt
of snoiIs politics prevails and men are manipu-
lating Offices and making places Tor personal
and party purposes essentially the same wrongs
are done The Judgment passed on Justice
Hooker ought to be a stroke of lightning 70
illunine many minds and give higher moral
tone TO our whole political and judicial life
The playing Of politics and business on the
bench. the cynical evasiOns Of the Civil service
law by public officers and the service OF pm
vate interests by legislators are all manifesto
lions of that same species of immortality for
which Justice Hooker is condemned.
This. Of course, does not excuse Justice
Hooker. 1t may somewhat explain him, and
from him others may see the gravity of evils
which they have been accustomed to regard
lightly. But no custom and no self-deluslon
can make fraud anything but fraud, and there
can be no question that the committee is right
ip holding that the admitted facts OF justice
Hookers transactions show in him personal
..unfitness to occupy the position OF justice or
the Supreme Court" He has had full oppor-
t11nitv to explain those facts at the hearings
one by the State Bar Association coInmlttee
and one by the Assembly committee "hlcn
practically amounted to trials. No procedure
on HIS mart can now rehabilitate him as a re-
spected Judge The only questions remaining
are how and how soon his retirement will be
effected