The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1905-07-25
HooKER NOT REMOVED
Resolution Aimed at Justice Defeated
IN New York Legislature.
Vote in Assembly Was 10 Ayes to 81
Noes-one Hundred Votes Required
to Pass It-senate bid Not Act.

Albany, n. Y--Supreme Court jus
tice Warren +. Hooker, of Fredonia,
escaped removal from office BY the fail
ure Of the removal resolution to receive.
the necessary two thirds vote Of the
Assembly, the Senate not being COM
PEELED to put itself on record.
The vote on the resolution was: Ayes,
T6; noes, 81. One hundred votes were
necessary to pass the resolution, and
owing to absentees and vacancies, only
46 votes were required to defeat it
Forty-one Republicans and thirty five
Democrats voted for removal; fifty
eight Republicans and nine Democrats
against removal.
After the defeat of the resolution
was announced Mr. Agnew moved that
since d majority of the members fay-
Ored removal, the Assembly adopt Il
resolution censuring Justice Hooker.
The resolution was tabled and practi-
cally killed by large vote.
At the conclusion Of action on the
Hooker resolution Assenblyman TONE
kins offered a resolution declaring that
the testimony of State Tax Commits
sioner Lester F. Stearns had been dis
credited and repudiated, and that he
had been found guilty Of 'subornation
Of perjury OF perjury, and calling
upon the Governor to bring about an
investigation of his conduct with a
view to removing him from office. The
resolution was ruled out of order.
The question of the removal Of JUS
| tice Hooker came in final form before
T cI.1k o4 or hon
| Assemblyman Robert j. Fish, of Madi-
son, Chairman OF the Assembly Com
mittee on the Judiciary, presented for
adoption concurrent resolution call
| ing for the removal Of Justice Hooker
| on the ground that the said Warren
B.. Hooker, while representative in
Congress, prior to the tenth day of No
vember, 1898. and while a Justice of
the Supreme Court OF the State of New
York since the said tenth day of No
vember, 1898, has been wilfully guilty
| Of corrupt, unlawful and immoral acts,
/, which have tended to bring and have
! brought the said office of Justice of the
| Supreme Court and the administrat ton
of justice into contempt, and which
show a personal unitness on the part
of said Warren B. Hooker to hold and
| occupy the ofl1ce OF Justice OF the SUI
preme Court, which acts and conduct
are set forth and described in the fol-
lowing allegations and specifications"
The vote upon this resolution was
announced to be the only action neces-
sary for the Assembly
The most dramatic incident was the
heated speech of the floor leader of the
majority, James T. Rogers, of Broome,
who voted in favor of Justice Hooker
after a remarkable address, which
! closed with an imprisoned appeal for
clemeney He recommended that the
Legislature say to the Justice, go,
and sin no more
| Justice Hooker, unless he should re-
sign or something unforeseen should
happen, will remain on the Supreme
Court bench for nine and a half years
more He showed great satisfaction
when Informed of the result of the
vote, but gave no indication as to his
intentions Although elected in the
Elghth Judicial District, which in
cludes Erie County, he is at present
serving ON the Appellate Division
| bench in Brooklyn.