New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-03
JUDGE HITCH SUMS UP.
The afternoon Session DerOted
Entirely to Debate.
TBy Telegraph TO The Tribune.

| -"LHCtY ~ DtO"tC'
TBy Telegraph to The Tribune
Albany. May 2.-The morning session OF the
Senate given entirely to ex-Justice
Hatchs speech in summing UP. It presented
| features, no novelty such ms characterized his
efforts before the Judiciary Committee II pict-
ured Otto Kelsey as half martyr, half saint. dis
regarding almost entirely the Governors exam
ination Of the Superintendent before his demand
| for removal. md highly praisng the work OF
Mr. Kelsey in the fire insurance situation.
When Mr.. Hatch was presented TO the Senate
| by Lieutenant Governor Chunler the galleries
were thronged to their utmost capacity. State
| oficeholders and politicians swRrmed behind
| the Senate railing the floor itself; groups OF
! those less favored chung around the doorwnys
| like EwRrning bees at the mouth Of the hive,
| while even out in the corridors a crowd of the
| curious moved 10 and fro. Most Of the promi-
| nent Assemblymen got seats in the Senate
| chamber. Speaker Wadsworth sat with the
| Lieutenant Governor. BY the time MI Hatch
was half through his speech the galleries began
| TO thin out and long before he had finished
| there was q distinct lessening Of the public In
terest
Mr. Hatch began by declaring that despite all
the reports, there had been connection be-
tween the Kelsey case and any pending legisla-
ton Of the Governors, and the Kelsey counsel
and Kelsey
their power to keep these things disconnected.
He reviewed the Governors message recon-
mending removal declaring that It contained
charges and distinct specifications. AT first the
right of telling his story under oath had been
denied to MI Kelsey, he went on, and even the
right to call witnesses and issue process to get
them before the committee had been granted
only after long fighting.
Then Mr.. Hatch took up what he termed the
Governors specifications that Mr.. Kelsey had
"conspicuousy failed 10 perform obvious duties
Of the first Importance" He said:
This establishes the absurd rule of law that q
| man must prove his innocence; and deny any
! man to read the message and deny that We
| should have had trial; now we are compelled
| some opportunity TO prove that instead or neg
| lect Of duty MI Kelsey on every occasion has
risen to the heights Of duty well performed.
The Governor OF this state mas taken up oL4y
| one branch Of the great work done by this de-
| partment. Never IN his public or private HE
| has he asked for information from the depart
/ ment Instead, with the volumes Of the Arm
strong report before him. the Governor has
| thought that the head and front OF the whole
| insurance business Of the country rested in the
| three insurance companies in New York city,
! and with that fount Of knowledge ne needed
! his intimate and personal connection with the
| investigation.
SAYS KELSEY HAS DONE WELL.
Taking up the Armstrong laws section by sec
| ton, Mr. Hatch said that Mr.. Kelsey had done
| all possible, under such laws. OF the section
| governing policyholders elections. he said: Il
believe he has done as well as any could
| under that law. Who Of US could do it better?
| Could the Governor himself have done more?"
The speaker alluded 10 the Armstrong counsel
fee for work on the standard forms Of policies
and charged that, If any neglect of duty was
| shown as to that part of the work. it was the
| Tarlt IF @
| Superintendent Kelsey's work in regulating
wildcat fraternal companies and the fire insur-
ance situation, asserting:
I say that this man rose to that situation in
| spite Of the Governors specifications that he
should have kicked out Hunter and Vanderpoel
| and had a housekeeping. The fire insurance
| companies realized that they had superintenG-
| ent to deal with who knew his business and
| could be swept off his feet. He had lived
| fourteen years of official life respected and
| esteemed, by the President of the United
| States When it discovered that he did
not know enough TO be Insurance Superintend-
| ent? 1t found out only by those who did
not know him. his ability his worth his mod
| esty. ask you when you come TO vote to
reCollect that there is not stain on his charac-
| ter, not law left unenforced not duty
mitted to his care which remains undone, to
| this very day.
An hours recess followed Mr. Hatchs speech
and at 2:30 the Senate reconvened. Then the
real work of the debate began. Back and forth
| swept argument. charge and countercharge
| Much Expenditure Of energy resulted, but no.
body here believed that any members mind was
| influenced much either way by the arguments
! Striking presentations of the opposing views
We're made Senator White, in a dramatic ut
| terance which brought forth a burst of applause.
defended Mr.. Kelsey and the rights OF the SEN
ate to vote free from coercion or dictation. SEN
ator Human in keen, absolutely dispassionate
| analysis of the situation. declared that Mr..
| Kelsey a clog TO a progressive state ad-
| Ininistration. and that If the Republican party
wanted to do public service to main
| tain its existence a party 1t should fall In
line with Governor Hughes's policy. Senator
| Armstrong, too declared that surely as the
| Governors policies defeated so surely
| would come the end of the Republican party in
| this state.
Senator Hnman opened the debate. declaring
| that, while he held the kindliest feeling for
| Superintendent Kelsey, his contention at all
times had been that this not trial on
| charges. and that whatever privileges had been
extended TO Kelsey were privileges, not rights
He said:
The statement IF counsel for Kelsey that the
! Governor had reached out to take away that
| oflce because~he wanted tt Tor his oWn pug-