New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-14
KELSEY GETS DELAY.
Continued from first page


The language did not specifically charge the
commission of crime. he said, yet could be taken
| aptly as describing such action.
| II crimes were committed before Kelseys
! term began" said Mr.. Hatch, che should not be
removed but the officers charged with the pros
ecution Of crime should be assailed' This
many took for a fling at District Attorney
Jerome Summing up the Governors message.
ne said that Mr.. Kelsey was accused OF having
rallied to remove two subordinates. Of having
been lacking in administrative capacity and de-
flcient in initiative and force
There is not a lawyer in this committee de-
| ciared ex-Justice Hatch. ''who won't join me IN
saying that all these charges. If brought in a
| court OF Justice would not live long as the
pleader took to draft them. The accusations
are answered by the fact that the plea says the
official is Of integrity and only lacks
capacity. Whether he does or not is question
on which differ. That is the thing
here to answer If we prove to the committee
and l assume We'll be permitted to prove all
this in common fairness-that he was justified
by results in the retention of these men; that
Kelsey possessed capacity as testified to by re-
suits; that he was capable and possessed of in
itiative. what then becomes Of the Governors
charges?
THE Governor has not asked you to remove
this man on this showing. He has recommended
20 you certain acts, far as things appeared
before him. Common justice demands that you
90 not act save on proof justifying action. kei-
sey was appointed only after dtligent search by
Governor Higgins for good man, and took the
place against his own will The Armstrong law
had just gone into effect and made the situation
extremely difficult. Yet Governor Higgins's
appreciation OF Kelsey was contained in the
graceful words uttered when Governor Higgins
was retiring to private life
Governor Hughes is mistaken" protested Mr..
Hatch honestly. no doubt. but mistaken KEEL
sey grasped the situation. He knew that pecul-
lar conditions existed, he knew that Vanderpool
had made that report about the Mutual: he
knew that Hunter held office He carried these
things to Governor Higgins and the Attorney
General and they consulted about 1t. Higgins
advised him that i'm the existing conditions. with
the inability to procure competent men. these
men should be retained for the present that the
business of the department might go on Sup
pose he had not taken that advice. Then the
Governor might have asked for his removal by
the same power you are asked TO exercise now.
There came a change in the executive. The
Superintendent was called 10 the bar to show
why he acted the advice of the former Gov
error Tenure Of office becomes precarious il
ono Governor may advise and the next Governor
and the Senate make that the basis of re-
movaL"
Mr. Kelsey had paid great attention 70 his
official duties Judge Hatch maintained. He had
drawn UP the standard form of life insurance
policy now in use. a work of vast importance
and detail requiring technical skill
Il defy anybody to show that Kelsey has not
gone as far in the way OF reform In matters IN
this state as the statutes Will permit" said Mr..
Hatch. The count of ballots in the insurance
election was on MI Kelsey had devised
workable plan for that, and the win of the
policyholders was being registered with more
certainty than the Will Of the voters IN an cleo
tlor In Brooklyn" The San Francisco disaster
came on. and the precarious condition OF the
fire insurance companies made necessary the
retention OF Hunter and Vanderpool, both eX-
perienced in fire insurance affairs. Because Of
their knowledge he was ena bled to bring into
the Golfers of the companies $50 600 600" and
rendered stable 100000 900 Of securities Bust
ness Of the department went on smoothly; KEEL
sey investigated fraternal societies and brought
them into line with the reform laws and final
~ in his annual report had suggested many
amendments 10 the Armstrong laws which he
thought would still further protect poicyholdeFs.
CoUNsELs PLEA FOR KELSEY.
What ne demands. and what you have not
the right to refuse. is square deal" Numbered
Mr. Hatch IF he be denied that whatever dis
grace comes from the denial will not rest on
him We want fair. free and open hearing
We want the record scanned by the people OF
the state so they win know these things. Then.
if II be determined that he is unworthy serv-
ant judgment will be pronounced. but not
pronounced if ii is not in fact and that
Judgment viii not be pronounced unless this
opportunity for a free hearing Is stranGled
You know him Won know he has discharged
his duty faithfully and we'll l believe our Ex-
ecutive Is fair and honorable and viii come 10
that there is basis for removal You say YOU
do not impugn his record; you do impugu his
record ny removal If you deny hearing you
semi him forth disgraced and discredited. He
asks simple justice"
Then f llowed a long wrange between Judge
Hatch and most of the members Of the com
mittee. in which he fought 10 obtain delay He
said that he wanted present records OF the
department and examine employees there In
support OF his statements. Answering a qMes-
ton OF Senator McCarren, Mr.. Hatch said that
he wanted To controVert the Governors state
meat that MI Kelsey lacked initiative by show
ing facts. senator Davis said that all this could
be done by submitting Mr.. Kelsoy's own state
ment ard dispositions. Mr. Hatch said it could
not be done 70 the extent he desired Senator
Armstrong maintained that Superintendent KeI-
coulG testify TO every fact which influenced
his mind And know every member Of this
COMMITTEES will accept his word as fact he
added. senator Human maintained that the
general public would consider Mr., Kelsey an
interested witness, and he wouldn't obtain
fair play i'm popular judgment. Finally Senator
Armstrong suggested that Mr. Hatch go ahead
with Kelsey's testimony and the question of
other witnesses be taken up when 1t arose nat
ur'lly.
Mr.. Eatch then began to protest against hav-
ing mis- defence strangIed," which led Senator
Davis to remind him that he was there only by
the committees courtesy At that he heatedly
declared that if ne was not there by right he
did not care to remain. and Senator Page said
he was quite at liberty to withdraw.
Senator Aids suggested a conference of the
committee on the subject of admitting other wit
nesses. Senator Page maintained that the testi-
mOny of Mr.. Kelsey could be heard, but Mr.
Hatch said he wanted it taken in question and
answer form. That was distinctly In violation
of the commuters procedure, so the conference
held on that question. II was long and
stormy. and the debate was considered so signifl-