New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-12
COHALAN PROBE GOES ON
DESPITE HIS SNUB
Bar Association Decides to
Continue the Inquiry Into
ConnoIIy'S Charges.
IMPEACHMENT IS limited
Provided Evidence Warrants
Further Action the Legis-
lature Is To Be Asked
to Act.

The usual five days Of grace allowed a
witness in which to answer an invitation
10 appear before the grievance committee
Of the Bar Association expired Yesterday
in the case Of Justice Daniel +. Cohalan
without the justice appearing or in am
way acknowledging the request of the
committee.
In view Of tho apparent disposition on
the part OF Justice Cohalan to ignore the
invitation Of the committee its members
decided Yesterday afternoon at meeting
at the Bar Association to proceed with
the investigation Of tine charges made
against Justice Cohalan by John A. Con-
molly. and after hearing all the evidence
In corroboration Of Connolly's statements
10 make report, II the facts justify such
action. 10 the proper authority.
Any recommendation that the commit
tee might make as a result OF the inquiry
provided its members considered there
was sufficient grounds 10 warrant further
action. would be made directly 20 the Leg
islature asking for his removal or i'm
parchment. IL was said. II was pointed
out that II the case should 20 against the
Justice. as far as the Bar Association in
quiry was concerned. IL would be futile
To follow the ordinary procedure and take
the matter 10 the Appellate Division for
the purpose Of disbarment proceedings
The Bar Association cannot compel
so-caled defendant to testify against
himself although a refusal TO appear by
any member against whom charges have
been made would probably have a strong
moral effect upon the members who are
called upon 10 sit I'm judgment upon him.
The members Of the grievance committee
were surprised and somewhat piqued. IL
was understood, when they met yester-
day. expecting that the judge would
either appear or send them some word as
10 his convenience, and he completely
ignored them. II was the opinion of some
members of the Bar Association yester-
day that he has materially hurt his cause
by declining the polite overturcs OF the
committee.
A,precedent is suggested for the action
which may be taken I'm the Cohalan case
I'm the case Of Justice Warren b. Hooker
Of Fredonia. Chautauqua County. against
whom impeachment proceedings were
brought several years ago for acts al
legged 10 have been committed prior 10 his
ascendancy 10 the bench. An appeal was
made 10 the Legislature by the State Bar
Association i'm the Hooker case. and the
proceedings failed for lack Of the neces-
sary two-thirds vote OF both houses OF
the Legislature. II would not be neces-
sary for the State Bar Association to
take the Cohalsn case 10 the Legislature.
It was said. as the New York Bar Asso-
citation would have the same power.
Howard Townsend. chairman Of the
grievance committee OF the Bar Associa-
ton. and Einar J. Chrystie. it's secretary
and attorney. were In conference over the
Cohalan matter last night long after the
meeting OF the committee. The commit
tee held a two-hour session yesterday and
Will meet again to-day from TO $50 p. m.
1t was pointed out yesterday that 1t
would be an easy matter TO discipline a
witness who ignored the summons OF the
grievance committee. were he not the
defendant" In the case OF a justice,
who becomes an honorary member by
virtue OF his judgeship. disciplinary action
Is not so easy
A section OF the bylaws provides that
any member who continues to refuse 10
appear and testify at the request Of the
grievance committee can be suspended or
expelled by a majority vote Of the execu-
tive committee This section would hardly
hold good I'm the case of Justice Cohalan,
II was said.