Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-22
GOV. HUGHES FRIENDS WIN
Wrangle Among State Legislators
Over Method of Procedure.
THE EXECUTIVE SUSTAINED
Judiciary Committee Votes to Con-
tinue Along Lines Originally Adopt
ed in Insurance Mans Case.

ALBANY, N. Y, March Ex-senator John
Raines. republican leader of the senate,
yesterday for the first time in several days
ventured out of his room. He has been In
poor health for more than three weeks. He
arrived in the capitol just two minutes be-
fore the senate judiciary committee was to
begin it's hearing of State Superintendent
of Insurance Otto Kelsey. Senator Raines
showed plainly that he was in i'll health.
The reason for attending the session of the
committee was to bid practical defiance to
Gov. Hughes and to tie the committee up
in such manner that it would bring about
further delays in getting the hearing over
with.
Senator Raines came from his room all
prepared. He had resolution all type
written setting aside the plan of procedure
adopted by the judiciary committee two
weeks ago. He provided in that resolution
that the judiciary committee go back to the
senate and get authority to subpoena wit
nesses, to administer oaths and to proceed
as any investigating committee would. Sem
ator Armstrong moved to amend the reso-
luton offered by Senator Raines.
Armstrong; Amendment.
His amendment was that the plan
adopted two weeks ago, of inviting Mr.
Kelsey to appear before the committee with
counsel and to bring whatever documentary
evidence he desired and to make a state
ment. be continued The Armstrong amend
ment was adopted by vote of to ), SEMI
tor Grady. the minority leader who is a
member of the committee, being absent
Senators Armstrong; Cobb Davis Hin
man and Page, republicans, and Cobalan
ana Taylor, democrats, voted for the
amendment. and Senators Aids, Grattan,
Ralnes and Smith. republicans, and McCar--
ran, democrat, against it. The vote of SEN
ator Irattan was surprise for he had an
nounced earlier in the Gay that he was
Win the governor on the question of re-
movhi; His vote. however. is taken to show
lnat Nlilam Barnes. jr., is against Gov.
hughes on important matters
Senator Raines fought hard and he next
brought up the proposition of swearing
Supt. Kelsey. This was carried. Senators
armstrong; Human and Page being the
Senator Raines chung to his desire for f,1r.
ther power from the senate He said the
committee had no right to swear Mr. Kel
Sey OF 10 go on as it had proposed doing.
ny was told mat II Mr.. Kelsey wanted to
De sworn he could be, but the committee
was gong to proceed as it had done
senator Page wanted to have what occur
RED IN the committee room made a mart of
me pupllc record, and moved that all mo-
ions and resolutions made should he placed
In the record. This was left in allowance
Would Follow Precedents.
Senator Ranes said that when he made
his motion in the senate that the govern
or's message asking for the removal of
Supt. Kelsey and the testimony taken be-
lore the governor be referred to the Judi
cary committee he had in mind the trials
oI former Superintendent of Banks Ellis
and former Superintendent of Insuranca
Smyth. He said that he had thought the
committee would formulate its plan of nro-
cedure based on one of those other proceed
ings.
Senator Raines said there was no need
OF arguing his motion for an executive ses
sion He called attention to the fact that
the wording of his resolution referring the
Messy matter to the Judiciary committee
was the same as the resolution in the
Smyth case, declaring that the Smyth case
was one Tor a hearing by counsel and the
swearing of witnesses. He called for vote
on ms motion, and with smile of victory
playing about the corners of his mouth he
heard Senator Davis announce the motion
carried.
Senators Cobb, Human, McCarren. Page
Ralnes and Smith voted for the motion
and Senators Armstrong CohaIan and Tay
lor against it. Senator Davis did NOT vote
and Senators Aids and Grattan were not
present when the vote was taken
Inc committee was in its room for over
an hour. Senator Davis merely announced
TO Judge Hatch when the committee reap
peared We will swear Mr.. Kelsey now
and proceed.
Before Supt Kelsey took the oath Senator
Armstrong filed a protest, declaring if to
be unnecessary. Il see no reason why
Mr.. kelsey he said. whose statement of
facts will not be controverted here. should
not make his statement to the committee
without taking an OATH
Examination of KELSEY.
The examination of Mr.. Kelsey was tedi-
Gus, he being called upon to explafn the
workings of his office and the systems
employed. His most interesting statement
was as to how he came to become the su-
perintendent of insurance. He said that
the late Gov. Higgins had sent for him on
May /. Mr. Kelsey continued:
He stated that he had sent for me to
say that he proposed to send my name in
as superintendent of insurance | told
MN that regretted it very much, as l
thought he could find some better candi-
date. / stated that l was entirely Satisfied
to serve as controller. The work was con-
genial to me- it kept me in touch with men
had known for years and l preferred
continuance of the same kind of work He
said that 1t was difficult to find s25 600
man to fill $1,000 place and that. he knew
L had a wide acquaintance. believed the
people had confidence In me and he thought
1T my duty to take the place for the sake of
the administration and for the service l
could render.
II told him it looked to me as If the man
who took the office of superintendent of
insurance under existing conditions simply
ccurted destruction and that 1t would be
impossible to serve without mourning
criticism, and that If man made no mis-
takes he would get very little credit for his
record. He said he did not look at it that
way and he said he believed 1 could keep
my head under difficulties and straighten
cut the department under the provisions
Of the new statute and that 1 could render