New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-06-25
FAVORS REMOVAL POWER.
PAGE ON HOOKER CASE.
Committee VIII SO Report-Jast'ce
Lkely to Escape, HoWeUer.

Senator Page member of the judiciary COM
nittee now considering the law and precedent IN
removal cases. after three days study OF the
case in Albany. said yesterday that he was now
satisfied that the committee would report In
favor of legislative power to remove Justice
Hooker. Senator Page said:
NV examination has confirmed my view that
the legislature has the constitutional power
necessary for removing a justice and that TINS
power was conferred upon it for the precise
I believe that this constitutional provision con-
fers the right of removal upon the legislature
for whatever cause two-thirds of it's member
ship may deem adequate. found in looking
into the matter that far back as the Constr
tutional Convention of 1921, where the thlhs
was discussed. many illuminating points were
there brought out that confirm my position
Senator Bracket. who is chairman of the
Judiciary Committee, worked with Senator
Page yesterday. Senator Bracket took the
stand last Wednesday that the committee ought
to have time to investigate the whole constitu-
tionaI question.
1t is said now that Senator Bracket is IN
cned to believe that the constitutional power
of the legislature to act is clear. II Senator
Bracket has been led to this conclusion by his
examination of the law this means that MS
committee which voted to 6 for delay last
week, will now report the Hooker charges from
committee on Wednesday. and this will mean
immediate legislative action them, beginning
with the service of the charges on Justice
Hooker Speaker Nixon said last week that he
believed that if the committee should report
them on Tuesday. it was the purpose of Justice
Rockers counsel to accept service and declare
themselves ready to proceed on Thursday
AS to the result of the trial, there seems to
be a general agreement among all familiar with
the situation at Albany that Justice Hooker
will escape. possibly by the vote of majority
of the legislators vindicating him. but more
probably through the lack of votes in the Sen
ate for removal 1t is conceded that nothing
but a material change of front in the ranks OF
the Democratic Senators will make MS removal
possible for thrty-four votes are necessary for
removal and two Republican Senators are IN
Europe and one seriously i'll. Moreover, Senators
Fancher, Davis and Fechter, from the western
part of the State, are almost certain 10 Vote IL
favor of the accused justice.
Senator Saxe's declaration that he was OPP
posed to removal even if the legislature hdu
power because of the precedent involved pro-
voked a sharp criticism in a statement issued
by counsel for the State Bar Association, Whlcn
called attention to such an attitude as inoicat-
ing an evident intention to ignore an oatn OF
Office Senator Sake responded with declara-
ton that he believed a constitutional amehoLnelt
was necessary to confer the power required ioI
such action This view was directly In cohu!ct
with that contained in the statement maze py
the counsel for the State Bar Association, IN
which the constitutional powers OF the leglsIa-
ture to act In such case were outlined IN oe-
tail.
The main question now being considered by
those who are attempting to forecast Ihe acti .
of the legislature is why the Judiciary committee
should have delayed the trial II IT lntendea 10
permit il to proceed. The answer seems TO De
either as the committee says, because 1T actually
wished time to study the law, or, as many
suspect because of the desire in certain legls-
lative quarters to prolong the extra session
until public sentiment becomes so aroused over
the Eouitab Bile affair as to make its submission
to the legislature inevfta Bile