New-York tribune., 1878-03-28
MIR. sMYTH ACQUITTED.


or IL TO 19-TnE SPEECH OF TIE DAY MADE
Ey SENATOR poMEIoY-THE VOTE IN DETAIL.
lrRoM THE REGULAR CORRESPONDENT on THE 1RibONh.i
ALBANY, March 27.-The Senate has decided,
by vote OF 10 nays TO IL yeas, that superintendent
smyth of the Insurance Department does not merit re
moya Oh the charges preferred against MIN py "o'e
nor Robinson As was pointed out during debate Oh
the case to-day II the Senate had voted on the mater
upon the day the charges were presented IN te ia
thar the Governors strong assertions coud be beheVeo
Mr.. srnyth might have been removed But "hen 'ie
witnesses Of alleged attractions OF the law were heaIu
and the laws respecting insurance examinations were III
xnected the Governors opinion OF Mr. smyth's admin
istratop of the Insurance Department was believed py
O majority of the Senators to be mistaken one. MI
smyth was thought deserve praise rather than blame
Such an impression did the testimony make that iour
Democratic Senators declined to follow the course
marked out for them by the Democratic Governor ana,
as Will be seen by inspection Of the vote below Johea
the Republican Senators in their efusal to remove mr.
6myth The waning influence OF Governor Rooinson III
the Democratic party represented i'll the Legislature
is not shown in its full gnifeance in this VOTE
The last hours the hearing of the charges against
Mr. smyth were by far the most dramatic. Iheh sew
eral Senators made speeches. giving the reasons Tor
the votes they about TO give. Tie Senate Chper
was crowded with spectators it has not been before
fhis session. Ladies occupied all the chairs usually
awarded them, and even invaded ana TOOK possession
of large portion OF the floor within the Senate rhgs'
Every corner OF the chamber was crowded with Siale
officers State politicians, and so many Assembyinen
that the Assembly had TO stop work once ana sena ior
the trTants NelenAut-Governor DOrsheiner locked
out cheerfuy from his chair beneath the fringed dais
and evidently took keen interest in the speeches
Senator Theodore NJ. POneroy, of Auburn made the
GREAT speech of day There had been many specu-
lafions concerning his position, ana visible wave
of excitement passed over the assemblage when ne
arose He is man OF medium height, slight figure with
coal black hair PLAN features and flashing eyes and has
what is called a ringing voice" He spoke with great
yigor and the closest attention from hls brother
Senators The silence IN the chamber was remaIhaDe
while he was speaking There was considerable ,angu-
Ter however, when, during his speech he made the ioi
lowing satirical reference 20 President Hayes:
Had been within the legitimate scope ot inquiry.
shoud have been as willing to have made the attempt
tempt successful TO have discovered under oah rom
the parties concerned whether our exeesRt @
nounced partisan i'll the Republican party as Mr.
smyth in tina, lovely sf OF ha admnst,a S
tion of or beloved President or whether proceeded
from otner considerations reconciable with execu:
tive dignity, at least III an attempted interchange OF
political equivalents.
Manv present doubtless remembered that Senator
Pomeroy was temporary chairman of the Cincinnati
Convention that nominated Mr.. Hayes for President.
The Only noteworthy speech made on behalf of Gov
ernor Robinsou's brief made by Senator George
Raines OF Rochester. He is of the finest looking
men in the Senate full six feet in height, broad shou
dered thck-set With large head fair complexion far
hair and long. fair musiaene. Although young man,
he is plainly one Of the od-school of oratorsthe men
who begin their speeches extremely slow and pom
derous manner, gradually work themselves into
state of tremendous excitement and finally close their
speeches by sending up fouscore rhetorical skyrocket
Mr. Raines has also powerful voice aud lungs that ap
parcuty never weary He addressed himself directly to
Mr. Pomeroy attacking all OF the iatter's arguments
with great ycor and finally closed his speech by pa
thecay emoaning the condition Of insurance compa-
MES II Mr.. Smyth not removed
speeches in favor Of Mr. smyth's retention were also
made by Senators Harris, Turner and Marvin, and
against MIN by Senators Lipritt and scssions
TEE DEBATE.
In beginning his speech Senator Pomeroy plainly
showed his opinion Of the charges Speaking OF the
recommendation OF the Governor that Mr.. Snyth be
removed he made the following telling criticism
snch recommendation does not necessarily imply any
officer upon such simple recommendation carry With II
any reflection or tsnt upor the character d TIE oIcer
be the Of officer of the National Government
under the Tenure-of-Ofce Act 1hS Governor aud tie
senate each act upon OF public duty, de-
rived from conviction they may possess whether
ernor has not contcnted himself with such simple act of
Recommendation. although. u; the time OF sending to
the Senate the mauguratine ihs-e proceedings
the ar was reeking with charges which, nex xplaued
might have justified concurrence IN snch rcc9nnenda-
ton. He has gone be- Ord the requirements oi he law
aud his recommendation is based upon certain spccihco
charges and upon these alone and II 'bsse ae MOI
proven the whole case falls may say at
the outset If. year ago. the superintendent
of might been grateful TO the Governor
Tor his generous nomination to the Office which le now
Glls be should be d0nby grateful now that III TINS
ungraciOns attempt al removal the Governor mas cor
descd all tho floating nebula OF defamation winch was
abroad In the state a crys.ahzed nDe which may
the estsblshed rules of evidence. There several
weeks OF slow and deliberate preparation by others
twenty -four hours II placed in the hands Of the
he had served his formal accusation upon the
respondeut giving him all the tine he proposed to give
Tor explanation e1culpaton and With the cagerness
and pculance OF child was before the Senate demand
Ing immediate removal
The Senator then entered upon q long explanation OF
the laws relating the payment OF the fees OF the ex
amners and appraisers Of an insurance companys prop
erty and argued that the superintendent acted legally
in auditing the bills he had DONE The Senator refer
red the lack of sufficient appropriation m the hands
of the state Treasurer pay for such examnatoD the
efforts OF Mr.. sulyth, last year, TO have the law
GOvernor,, ard finally to sasrs the great IN need ,Ss
them by the superintendent In defence OF the exam-
excessive, but they bu, drop inhe bucse to The
large amounts saved 10 the pgbiic ia peinans men
would otherwise have continued TO be poured INTO the
MIR Lynde Q.cp) snd that this was not an attempt 10
fuinre Mr suyth In the interest OF The Democratic
pSrty and the anti COnkhng element IN this State. He
could not consistently vote 10 keep man III Office who
krm deeply interested In the matter claimed that 1t
was unconstitutional The moneys 50 layshy pad out
companies were moneys belonging TO WIDOWS and Their
Mt Lpptt RepJ argued that 1t was unjust to the pol
oaes OF insurance &C eopanes 20 81 @Sw ,Ss snpS
Wherein their little savings are placed
Mr. RAINEs's srErCE.
Mr. RHines (Dcm1 said u is not true that runoTs
start themselves There must be something rotten In
the management OF a department: whom ii becomes no.
tofioas throughout the State for The jeyying Of claims
upou insurance companies. when Mr. Tobey's bill.
the great SEA 900 steal, made, II drawn up
nv Hr Harris and ordered paid by Mr.. 5myth.
without any consultation with the Controller the law
rcuuiitd All laws supposed 10 have iDterJectod
fpto them the provisions OF the Constitution. No officer
car excuse himself for Official misconduct by saying that