New-York tribune., 1907-03-15
M0REDELAYFORKELSEY
HIS HEARING POSTPONED.
Governors Friends Fear Result If
DiLatory Methods Continue.
az Telegraph . The TrIbuno.l J

IBy Telegraph TO The Trioune-I
Albany. March 14.-Stiu further delay was OBJ
tanned in the Kelsey hearings to-day on the'p4ea
that ex-Justice Hatch, Superintendent Kelsey's
chief counsel, too i'll to go ahead with the
case this afternoon. Senator Davis, chairman
OF the Judiciary Committee. announced that inc
hearing on that account would go over until
Wednesday of next week. Later the Gate was
made Thursday. because Of an important hear
ing on the water storage proposition set Lor
Wednesday,
This delay fits in well with the tactics adopt
ed by the Kelsey defence-it is. in fact almost
the whole defence up to date aside from the
plea that Superintendent Kelsey was acting on
the advice OF Governor Higgins. now dead. De-
lay OF this sort, and additional delay which
woould result from the adoption Of the further
plans OF Kelsey's counsel would drag out the
case for weeks and seriously prejudice the pos
sibiity Of Superintendent Kelsey's removal. If It
did not actually prevent It by allowing the situ-
alton to become complicated with the Public
Utilities BILL ballot reform and the various
other important features OF Governor Hughess
reform policy.
Friends OF the Governor fear that this situa-
ton may prove disastrous to the Governors
plans If it is allowed to go unchecked Tho
general opinion is that the judiciary Committee
got away from Senators Page and Armstrong
yesterday. Senator Davis, chairman OF the COM
mittee. was asked to-day IL he did not think
the lawyers for Superintendent Kelsey were ex-
acting great deal Of courtesy in asking this
postpOnement when either Julius NJ. Mayer or
Danforth E. Ainsworth could have gone on with
the case.
''Oh, no, don't think so' he answered after
delberation. You sec. this is a somewhat dell
cate affair think handling IT in com
plete fairness to Superintendent Kelsey. He
has held many consultations with Judge Hatch,
who understands the case thoroughly. where. /
presume, the other lawyers acting as ad-
visory counsel. Then. too. General Mayer proba-
bly, will want II appear before the committee
in sense as a witness, to tell about the con-
sultations with Governor Higgins. In talking
with the general. 1 had tacit UNDERSTANDING
as 1 announced in the Senate, that when the
hearing resumed It would be continued
until the end; and we think that three four
daIs should be sufficient"
Mr. Mayer said to-day that Mr.. Hatch was
confined 10 his bed. Asked why he or Mr.. Aims
worth did not go ahead with the case he re-
Piled
Surely Superintendent Kelsey Is entitled to
be represented by the counsel Of his choice"
The question OF whether tho Kelsey counsel
VIII be allowed to present other witnesses than
Superintendent Kelsey. and voluminous records.
still Is to be determined by the Judiciary Com
mittee. Originally the plans OF Superintend-
ent Kelsey and Judge Hatch contemplated
trip TO New York city by the commit
tee there TO hear fire insurance and in
vestigats companies books. the presentation OF
about all the employees in the insurance depart
ment 10 tell about the detail work transacted
there and the hling with or examination by the
committee at least Of books and records IN the
department
Mr. Hatch yesterday referred 10 tho great
labor and technical skill required IN drawing up
the standard form OF life Insurance policy
Quired by the Armstrong committees laws
where three hundred forms had been in exist
ence and OF preparing forms for the reports of
the life Insurance companies under The
laws. Il IL known that much OF the work Of pro-
pairing the forms for reports has been handled
by Deputy superintendent Appleton personally.
Yet it IS understood that. II the committee VIII
permit, Superintendent Kelseys counsel purpose
10 present testimony in detail about the prepara-
ton OF the standard forms Of policies including
testimony about the three hundred-odd old
forms. and about the preparation Of report
blanks. 70 show the Super!ntendents knowledge
OK the business Of his department and grasp OF
detail there.
would wear away several weeks. Delays occa-
stoned by other committee business would come
OF necessity. and the Legislature easily might
be ready for adjournment before any decision
on the Governors recommendation was reached.
OF course. his friends feel that before such
thing occurred he would take a hand IN affairs
himself and make direct appeal 10 the public
as he promised 10 do at any time when he found
his policy endangered. Many people here believe
that this one phase OF IL Is In danger now: and
they regard this danger the serious
since IL must affect adversely the situation OF
the Public Utilities bill and the Governors other
recommendations If the anti-Hughes men OBJ
tain victory over the Governor on any one
feature OF his policy.
Senator Armstrong and Senator Page both had
interviews with the Governor to-day about tho
Kelsey affair. The Governor. asked about these
visits did not to discuss them. Neither
legislators 4 Tpr ad
after their calls.
The statement made by Judge Hatch yester-
day that Julius NJ Mayer present at a con-
ference between Governor Higgins and Superin-
tendent Kelsey when Governor Higgins advised
the retention Of Hunter and Vanderpool will be
corrected officially at the hearing next week. IL
was made through inadvertence. Mr. Mayer
never was present at any such interview, al
though Mr.. Kelsey has told all his counsel that
he was following out the advice of Governor
Higgins IN keeping the men. When this became
known tonight II set at rest considerable specu-
! lation as TO why Kelsey did not tell this at the
hearing before Governor Hughes and ask Mr..
Mayer to substantiate the statement. He him
self VIII tell about his interviews with Governor
Higgins when he is examined before the com
mitfea.
| Friends Of Superintendent Kelsey emphati-
caliy denied a rumor aloat that he would wait
until the hearings were completed and then. on
| the plea that his side had been heard and he
was exonerated. resign
! ''If you think he's going to resign just on tho
idea that he's had his hearing and is glad to get
! out, ] say emphatically, no" declared man.
That savors too much Of resigning under fire,
| but If the idea is abroad that he is clinglng
| with deadly grip 10 job for the sake Of job
| / say no. emphatically. to that too He doesn't
care any more for the job than a stone pillar
| does. He does believe ne should be vindicated of
these charges"
TO REPEAL NIAGARA CHARTER.
Assemblyman Murphy's Bill Aimed at Irri-