The sun., 1907-03-14
KELSEY PUTS In A DEFENCE.
THROUGH COUNSEL HE SAYS HE
DID GOOD WORK.
He Wants to Call Witnesses 10 show That
the Governor Was All Wrong In His
Criticisms OF MIR. keisey's AdmlnIstra-
tlOn OF the state Insurance Department.

tlOn OF the state Insurance Department.
ALBANY. March l3.-The first session Of
the Senate Judiciary Committee held for
the purpose Of giving State Superintendent
OF Insurance Otto Kelsey a hearing on Gov.
Hughes's recommendation that he be
removed this afternoon developed one
thing. and that is that there is no disposition
on the part of the Senate Judiciary Com
mittee to expedite or TO hasten the hearing.
The action of the committee this afternoon
lends credence to the statement Of a Senator:
"Well play tag with the Governor and
use the Kelsey matter for the purpose
The Senate has delayed this matter over
q month. Gov. Hughes expected that
immediate action would be taken on his
recommendation. but delay after delay
came so that it is now five weeks since
the celebrated examination of Mr.. Kelsey
by the Governor. Since then the public
has forgotten much that was ELECTED at
that examination. and now nothing but
matters in Mr.. Kelsey's favor are to be
brought before the public.
At the outset of the hearing, which is to
resolve itself into a trial. great concession
was granted Mr.. Kelsey and his counsel. Mr.
Kelsey is represented by former Supreme
and Danforth f. Ainsworth. former Attor-
General and Deputy Attorney General
respectively. The plan of procedure adopted
last week by the Senate Judiciary Committee
provided that Mr.. Kelsey could come before
the committee and give a statement and
furnish documentary evidence in his behalf,
but when Mr.. Hatch had finished speaking
he said that he would prove by witnesses
hat in
his duties.
The mention of witnesses brought Senator
Alfred r. Page TO an upright position in
his chair and ne showed that this was a
new one on him. Senator Armstrong looked
puzzled and glanced inquiringly at Mr..
Hatch, but Mr. Hatch seemed TO take it
for granted that he was to have witnesses.
After long argument the question of wit
nesses was left in abeyance for the time
being but the committee gave Mr.. Hatch
the right to examine Mr.. Kelsey orally.
and this is regarded as a most important
concession.
What caused more comment than any
thing else was the assertion by Mr.. Hatch
that Mr. Kelsey had wanted to get rid OF
Vanderpoel and Hunter Immediately upon
assuming Office. but on the advice of the
late Gov. Higgins he had retained them in
Office, and one reason for having Messrs.
Mayer and Ainsworth as counsel is that
they will be sworn as witnesses if the COM
mittee will permit witnesses to show that
this is correct Friends of Gov Hughes
tonight are saying that while the truth
fulness OF Otto Kelsey is admitted on all
sides, still this statement made by Mr.
Hatch and the statement made by Mr..
Kelsey at the time of his examination by
the Governor cannot be reCOnCiled.
At that examination Gov. Hughes asked
in conclusion upon whose authority Van
derpoel and Hunter were retained in Office.
and he said that il was upon his own notion
that the insurance department would be
better administered with no changes for
the present. At the time OF the examina-
tion Mr.. Higgins was alive. To-day he
10 dead, and even friends Of Mr.. Kelsey
say that il is a mistake to bring the dead
e1-Governor's name into the affair.
Mr. Hatch made IL plain that he is going
70 vindicate Mr.. Kelsey for having retained
Vanderpoel and Hunter in the insurance
department He said that he would bring
witnesses, heads of insurance corpora
tions, to show that these men had rendered
glorious service TO the State in the San
Francisco fire disaster.
"Are you going to show that they were
efficient during the period referred to by
the Armstrong Insurance Investigating
C]mmittee'S report?" asked Senator Page.
"Oh, no, am not going back SO far as
that responded Judge Hatch. Il am
only going to deal with their services dur
ing the San Francisco disaster"
You don't want TO controvert the
Governor's charge about their inefficiency as
shown in the report?' asked Senator Page.
81 want TO show . that the Governors Governor
retaining them was not justified. want
TO show what they did in the San Fran
cisco situation and how they kept Mr..
Kelsey Informed by telephone communi-
cation several times a day Of what they
were doing"
e~ek was stated to Mr.. Hatch that Mr.. Kelsey
-ts6uld furnish all the statements needed
as to tl;at and that witnesses were not
necessary; that Mr.. helsey's word would
be accepted as honest and truthful by
the committee. As is well known in the
Governors message he preferred no charges
against Mr.. Kelsey. as he did not have to do
80. He merely expressed his views as to
why he Thought Mr. Kelsey should be re-
moved and handed a transcript Of the
evidence taken by him with the message.
Now Mr.. Hatch constructs the message as
charges. He was asked about that and
said:
They are charges or nothing. And
as charges have the right to meet them
with all the evidence possible"
He again said he would show that the
Governor had misjudged Hunter and Van
aWill you show they were misjudged in
the Armstrong report?' asked Senator
Page.
Mr. Hatch said he would not go back that
far but would show by the witnesses he
Intended to call that Mr.. Kelsey showed
good judgment in retaining these two men.
in other words you are going TO show
by one good act that they should be ex-
cused for the bad ones, interrupted Senator
Armstrong.
Mr.. Hatch said he protested against any
stranRling of his client by the committee,
that he should have every opportunity to
vindicate him.
you are here by charity Of this com
m ttee and should proceed on account Of
tlat courtesy without protesting said
Senator Davis.
Then il / am here only by courtesy
1 don't want to remain said Mr.. Hatch
with some feeling.
That's your privilege replied Senator
Page.
TO examine witnesses TO show that Mr..
Kelsey had retained the two men by direc-
tion Of Gov. Higgins.
Mr. Hatch said he would swear Mr.. Mayer
for that purpose.
Il was suggested that Mr.. Kelsey begin
his testimony and let the matter OF the
examining Of witnesses go until the testi-
mony Of Mr. Kelsey had been finished.
Then Mr.. Hatch made the announcement
that as he wished % examine Mr. Kelsey
orally, and as ne was Ill he would like post
ponement.
The committee members conferred and
retired TO the committee room for an
executive session. After being behind
closed doors for an hour they returned