New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-05
MAY CALL WITNESSES.
LONG DEBATE IN SENATE.
Plan of Judiciary Committee as to
Kelsey Case ApproUed.
IBy Telegraph TO The Tribune.l

Albany, April 4.-Despite vigorous protests by
Senator Armstrong that It Irregular and I'm
necessary, the Senate to-day adopted a resolution
from Senator Davis. chairman of the judiciary
Committee authorizing that body to subpoena wit
nesses, administer Oaths and conduct tho remain
der OF the Kelsey hearings In accordance with the
plan agreed on by the committee yesterday. Sena-
tor Armstrong himself voted for the resolution
after IL had been advocated for two hours by vri-
GUS Senator'S including Senator Page. who is reck-
Oned one Of the Governors closest friends In the
Legislature. Under the plan Of procedure the hear
ings must end by April II. and this was deemed by
most Senators reason enough to justify their sup
port Of IT,
Chief among the advocates Of this procedure was
Senator Raines, who suggested It originally He
combated Senator Armstrong; arguments at every
point, and at the end arraigned him being "unfit
70 sit In this case for an interview given by him
yesterday speaking OF the action Of the Judiciary
Committee as decided victory for the Cover
nors side"
Il was not aware there any sides 70 this
question" declared Senator Raines vehemently -
thought this was QUESTION to be decided In calm,
judicial fashion. On which side is the SENATOR
Has he before the evidence is all in. decided this
case? He speaks OF us Has he determined who
us are7 II So IL puts him in a position where he
has no business TO sit IN this case" and Senator
Raines dashed tho paper from which he had read
violently to his desk
COURSE OF KELSEY CASE REVIEWED.
the statement that he did not intend for the
Davis resolution. and wanted no misunderstanding
OF his position. He reviewed the Of the KEEL
from the receipt by the Senate OF the Gov
ernors message recommending removal. He took UP
in detail the various debates the question. first
OF hearing Superintendent Kelsey under oath, then
OF the right OF the committee 20 give Oaths and
Issue subponnas without formal authorization from
the Senate
When this question first was brought up by sena-
ha ald tha laCfa Iav rfaH
60. and seemed to settle eonclusively that a COM
mittee might OF itself administer Oaths. Still. the
committee resolved 70 so ahead with Kslsey's hear
Ing and take dispositions he might desire 90 present
But his lawyers demanded that he be sworn
THE administering Of oath was irregular and
unoalled for" declared Senator Armstrong "It was
announced that his statement OF facts would not be
challenged. has IL been. The giving OK his
statement under oath added nothing TO its effect
the committee II was as irregular az IL an oath
had been administered 20 a man opposing a bill
before the committee II was entirely uncaed for"
Mr. Kesey's testimony having been all fin
ished. Senator Armstrong went on. the question
OF Oaths and other witnesses again had been
brought up in the judiciary committee. and COM
bated vigorously.
My view is this he explained. There is no
question OF fact before the committee before the
Legislature. There can be no question. because the
facts undisputed. There is issue as 20
facts. but thousand witnessed cannot add 70
what the committee now knows. They could only
add to the mass OF material now before the COM
mittee. without aiding 1t to reach conclusion.
KELSEY MAY PRODUCE WITNESSES
But the committee he continued. had de-
clded 20 let Superintendent Kelsey produce such
witnesses he desired at three specified hearings
before April Il; but il by that Friday night all the
witnesses had not been heard. the illness OF
counsel. or cases In court. the presentation Of
other important Witnesses should DO entirely dis
regarded by the committee. and the hearings
ended. This provision for a final disposition OF the
case seemed to satisfy others in the committee
since the committee already had wandered far
from its original programme But ne himself
would not concede that that procedure was neces-
sary or that It could add tot 10 the COM
mittee's pertinent knowledge.
Mr. Kelsey has proved he was Industrious" he
said. THAT was not denied. He has proved that
he was careful-nobody said he was not: that he
was honest-it was admitted In advance. The main
issue has not been touched on-the accommodation
remains II did on the day it was received" He
Ikened the case to an employer who found one Of
his men wasn't making good" The employer asks
the man why he wasn't efficient. and hears his rea-
sons That ended it-there further source
Of pertinent information. and the employer must
make up his mind what he learned from that
source.
mo issues are framed-nono can be- he declared
$50 long as the contention is that this furnishes a
dshnie and reasonable time for conclusion Of these
hearings, I ses objection the score of delay;
but protest against IL as 4uItAH0udDic ana
ular since, when all is done. shall be back Just
where we are to-day"
SENATOR RAINEs TAKES THE FLOOR
Senator Raines then spoke. He said he absolute
Nv failed 10 appreciate the expressions OF Senator
Armstrong and regretted that tho discussion had
been prscipitated the Senate. The original
lutCn 90 refer the affair 20 the Judiciary Commit
tee TO outline a procedure had como from him,
| and was drawn after the resolutions IN the only
two similar cases. He had supposed then that
presidents counted for something but the judiciary
| Committee, by a 10 vote. adopted It's own
course. It had that right OF course. but Il had
no right TO continue hearings until the Senate had
conferred that right on It.
NOW comes the question:" declared Senator
Raines warming 10 his subject visibly, 'lsham q
! man charged with being unit for his place be-
cause he Lacks initiative and ability be permitted
to call further witnesses to substantiats his own
case? Senator Armstrong says there IS slO issue
OF facts-that there are no charges here.
IT say Mr.. President that IL there were
charges under high heaven these charges
against Otto Kelseys good Judgment and good con-
duct Of his office and ability. They are ehalges.
Suppose Senator Armstrong takes the position OF
one in slightly founded on facts-rfscts not
superintendent Kelsey instead OF Tetsitiug seHs-
tor Armstrong Tor ono day and allowing him sl0o
for his services: properly ana Wen proper fee.
| bred days az 500 day-a fes OF $1,000 supeFtn-
| tendent Kelsey would say II was all right, and
Senator Armstrong would say II was proper. or he
ernor and Kelsey eth is superintendent. The Cow
ernor nnds where Mr. Kelsey allowed Senator Arm
IL demonstrates that the superintendent Is unfit
| to hold Office. and Ill ask the Senate TO remove
him because OF H. Mr.. Kelsey SHOWS that he paid
/ out the states money and got value Senator Arm
n