The Montgomery advertiser., 1905-07-25
4 MIsnRApLE FAILURE.

That was a discouraging example set by the Legislature of New York when 1t refused to remove Justice Warren B. Hooker from once While he was a member of Congress he was notoriously engaged in what we may with propri- ety call grating. It was shown that through his influence as Congressman. to quote the language of The New York Times, he procured the appointment to places in the Federal service of persons not needed. who did no work and yet drew their pay. The charges say that in the Ball case the United States was defrsudsd of s16sao7,' the motive be- ing to enable Ball to pay a promisory note of SS.040 endorsed by Judge Hooker's wife. In the case of Maurice Hooker, the Judges nephew. appointed as laborer in the Fredonia Post of- foe and doing no service. the United States was deffauded of the sum of ;e66' Catherine K. Clark. appointed as clerk at the request of Judge Hooker, received at first $400 yearly salary, and later $500. the salary being subsequently, by successive increases raised to Sl.ooo a year. The motive of the appointment. in the first instance. was to cheat the civil service laws. Here again the United States was de- frauded, as the charges say that her service as clerk was unnecessary. and the payment to her constituted waste.
 These are specimens of the charges
 and fhov nlAinIY show that he should never have been appointed to a place on the Appellate Court of New York, and that he Is not a fit person to hold that position. The presence on the bench of . man who has been guilty of such offences is a scandal to the State The Legislature had the power to remove him. and that body was called together in special ses- sion to consider his case, but when 1t came to a show down, there were forty one Republicans and thirty-fivs Demo- crats for removal and fifty-eight Re- publicans and nine Democrats against 1t. As 1t required a two-thirds vote to remove him, the result is that the Legislature has shown by its action that it considers him it and proper man to sit on one of the highest courts of the greatest State in the Union. It must be an embarrassing position for the lawyers of New York-those at least who feel tho stigma. They cannot boycott Judge Rockers court and re- fuse to practice in 1t. for that would be unjust to their clients and practi- cally a violation of their oaths. To quote again from The New York Times regarding the act of the Legislature and its effect:
 This Is what was expected of the Re: publican Legislature. The truth Is that concerned and Implicated with Ben5a- min B. Odell in the mysterious processes of Republican machine politics up the State that from the beginning or the proceeding powerful influences nave grace. Good judges of the temper of the Legislature have all along insisted that Hooker was safe. The situation as 1t remains IS almost intolerable. 9nase Hooker G hs s ths 1ss must in spite of themselves feel that he Is a Judge sitting apart. and of differ ent standing from his associates Opin- ons " wrssd ss by s ,Sa w pb be lic with an inefraceable, subconscious impression of Ball and Maurice Hooker and Catherine K. Clark; Must the State endure the scandalf If the Fed will the Statute of Limitations bar an action that while punishing the offense, would free us from an eight-year-long affront to the public sense of decencyf