New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-02

as to the functions of such a referee whlch ben
stor F4,llsr cut short by a brusQue declaration
that academic discussion was all right, but the
Senate was TO decide practical question
s.Vghy should counsel TO Kelsey argue before
the Senate? We have the testimony before inc
judiciary Committee" said he. mo man "ouio
venture to vote on this solemn question with
out reading that testimony. What more is there
TO he said? We are not to pass on what counsel
say when already we have what Kelsey himself
has said"
And then Senator Raines came 10 the defence
of his resolution in speech as impassioneu ana
dramatic as that other one when he charged
Senator Armstrong with unfairness in discuss
ing the case when he a jury1nan. IN
der the guise OF attacking Senator Arnstrong'
again he criticized the Governors course in the
Kelsey case bitterly, declaring that the original
message had been said to contain no charges
because charges would necessitate the taking
OF testimony" And testimony would have rid
died those charges" he declared in strident
tones. waving his wildly. Testimony
would blow those charges"-his voice broke
and he paused dramatically-"to don't know
where" he finished trifie lanely.
SENATOR RAINEs TALKS.
Senator Raines declared all the trouble over
the Kelsey case had come from the ADOPTION
Of wrong ideas il the beginning. He said
They ignored, all precedents and by a minor
ity vote Of the committee went on their own
course without recognizing that any other part
of the Jury was to be considered than tiat part
constituting the committee. There was never d
moment when they could not have had coul-
sci for the Governor and a real trial peIoIe Tie
Senate. Senators Armstrong and Page have con-
sistently held that there were no charges IN the
Governors message, and SO that the procedure
should be limited TO hearing Superintendent
Kelsey and receiving dispositions. The commit
tee once got its bearings and decided that there
80 of-orr- an
should be heard under oath and other witnesses
be heard They considered IT great IaNor'
What. q trial on serious charges, and not near
witnesses or counsel? Most strangS! 1 nope nope
Senator Fuller is not mistaken in his belief that
every man has read the whole testimony, Tor
If he Is not there can be only one result Wheh
Men are 10 decide this question on their con-
sciences, I hope not in the hope Of favor or fear
of punishment They should have the privilege
OF hearing what the thirteen members OF the
Judiciary Committee already nave heaFu-@
summing Up OF the defence by counsel
Senator Page then declared springing TO his
feet:
Senator Raines has been eloquent and impas-
stoned He says the Jury haven't heard-whatE
A fury naturally wants TO hear the evidence
He doesn't say the jury should hear me eva
dencet he says il should hear the views or a palo
attorney representing one party no matter no"
distorted this appeal TO passion ana pre1uolce
may be. OF course, in this case since we nave
heard the evidence, we necessarily nave nesiu
the views of counsel. for we saw now aotolly
The counsel put me opv i TO leading Dues
tons If this case is so clear, why shoulo II oe
supplemented by the arguments OF pau aI
torney before this Senate?
NO CHARGES, SAYS DAVIS.
Senator Davis asserted that there were no
charges and no reason for them, and no earthly
use for an address by counsel. Senator Cobb
declared that already one entertaining summing
I'D was printed with the complete evidence.
Senator Grady said he voted TO let counsel for
Kelsey speak two hours to save the Senate ten'
but would not promise Senator Davis not TO talk
himself for he said You might say something
foolish which I should be compelled to answer.
Senator Armstrong, he asserted, was just as
ready TO remove Superintendent Kelsey after
hearing the evidence as he had been before, and
Senator Page was equally consistent
HE IS an arm Of the Executive, and the Ex-
ecutive needs an arm which will suit his other
arm" the speaker said, abiding TO Senator
Armstrong.
Thereupon Senator Armstrong hotly declared
that he wasn't the only man in the Senate
chargeable with having his mind made up in
advance
I've are not infants" he shouted, shaking his
fist at Grady, "and this it not birthday.
Most Of us have well defined opinions on this.
What does this mean but that they are seeking
and easy excuse for few weak sisters who feel
so sure that they are right? Everything human
ingenuity devise has been done TO create
: delay and to get their fellows on their side"
With this denunciation ringing in their ears
the Kelsey men pressed the resolution TO a vote.
/ Every member was present. The vote resulted
follows:
Ayes-Ackroyd. Aids Boyce, Cassidy Cordts.
Cullen, Emerson, Fancher. Foelker, Franchot,
Frawley. Cilchrist, Grady, Grattan. Harte,
Hasenhug Hill, Human, Hooker, Mccall, Nc
Carren McManus, Mullaney, owens ttaines'
Transporter, Smith, SOhmer, Sullivan. Thomp
son, Travis Tully Wemple, White, Wilcox-35.
Noes-Agnew, Armstrong, Burr, Carpenter,
Cobb, Cohalan Davis Dunn. Fuller Gates, IIea-
cock. Knapp, O'Neil Page, Sake, Tayior-16
After that Senator Davis moved that the Kelsey
case be made a special order for Tomorrow
Senator Armstrong wanted TO know if that mo-
ton contemplated a final the question
Tomorrow intimating broadly that he didn't
4, care for further delay. Senator Raines inter-
posed that It would be the understanding that
counsel be heard and the argument be taken
up and carried out TO the end
well, am anxious 70 see this thing settled
broke in Senator White; but I don't propose
TO be subjected to any charges Of bad faith
IL half a dozen member fall dead and prevent a
vote Tomorrow"
No answer seemed adequate. and the special
order motion was adopted in the indefinite state
which did not specify that final vote be taken
Tomorrow
Just the Senate was settling down to its
customary quiet the eergeant-a arms an
nounced Secretary Fuller. with a message from
the Governor. It was held for few minutes,
and then the Governors emphatic call for a
s new apportionInent was read.
THE GOVERNORS MESSAGE.
.a7-t.o ~o,onI 5oofrfor tt,o fSo,,-+