New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-22
KELSEY DELAY BLOCKED
RAINES'S PLAN KILLED.
Hughes YictOry Seen in Opposition
to Formal Trial.
IRr TeIeeranh q The rrlhune. !

at The hearing before the Senate Judiciary Com
miitee to-day In a voice weak from illness, he
protested against the procedure adopted in hear
ing Mr.. Kelsey's defence against Governor
Hughes's demand that he be dismissed from his
place as Superintendent Of Insurance He. de-
manded an executive session TO consider further
plans Of procedure, declaring that it was absurd
10 continue SO grave an affair unless Mr. Kelsey
were examined under OATH And at that execu-
tive session he was defeated in an elaborate
scheme for further delay by a vote OF 10 ;.
Senator Rainess action is taken here as placing
him openly and unreservedly on the Kelsey
side. against the Governor No great surprise
is felt AZ this by the Governors friends be-
cause UP TO date they have believed all his
sympathies and. secretly. his influence were for
KELSEY. though they thought he would vote with
the Governor.
Tie real significance in his dramatic appear
ance to-day comes from his official position as
majority leader in the Senate and the possibiI-
ity that this may carry with ii some wavering
Senators. Victory for the Governor. for Hughes
Senators on the Judiciary Committee consider
this distinct Hughes victory. came to-day as
big surprise after the last Kelsey hearing. when
the Superintendent's lawyers had things all
their own way with the committee. Friends OF
the Governor say tonight that they look for
q speedy finish 10 this case. They think that
while The course adopted by helSey'S lawyers
Of examining the Superintendent under oath.
part Of the Raines scheme 10 which little OBJ
lection was made with the submission Of volu-
rninous documents may delay somewhat. Mr
Kelsey viii he removed without any doubt
i make this point said one Hughes Sem
atof tonight. This line of action may he
defence. hut il does not answer the Governors
charges It's no answer to a charge of horse
theft out West 10 say that you left behind seven
COWS. three pigs and some chickens in the same
pasture. and did not break down the fences in
taking the horse.
WILL BENEFIT KELSEYS DEFENCE.
Nevertheless Senator Raines's unexpected di-
version to-day is bound TO benefit Mr.. Kel-
sey's defence somewhat II was the talk Of
the Capitol tonight. The only comparison for
Il IN dramatic intensity and sheer Unexpected
ness was the defiance of Andrew Hamilton be-
fore the insurance investigating committee last
year when for few brief minutes he wove the
term yellow dog into a badge Of distinction
Even so to-day did Senator Raines carry the
committee with him for few minutes. until in
executive session they came 20 themselves and
ou,voted him. despite his bitter arguments
Ex-Justice Hatch had just called Superintend-
ent Kelsey 10 the stand and was protesting that
he he examined under oath when Senator
Raines appeared. Slowly. almost tottering he
through a
the chamber and through the crowded aisles to
his seat just as Mr Hatch finished and Senator
Davis said that Kelsey could submit am
darits or dispositions under oath. Then. rising
he demanded a copy Of his original resolution
that the committee formulate procedure and
report 10 the Senate. He explained that when
he made that motion ne had in mind the prece-
dents in the two cases during Governor Robin
sons administration, and supposed that the
committee would formulate procedure similar
10 that adopted IN those cases
1t may be-" he said. that il was deemed the
charges in this case came from a source so high
that having originated outside of the Governors
Office rs they aid I'm the other two cases rem
dered ii unnecessary that the committe should go
further than simply 70 inquire among themselves
10 What was thought 20 be best and to make
a report 10 the Senate on that inquiry I cannot.
however conclude that that really the SEN
timeut of the comInittee The origin Of the
charges gives them an importance that was
never given 20 the charges that were made
against Mr Smythe or Mr.. Ellis. These are the
Governors charges. The duty of the Senate
must be conceded as Of equal importance with
The duty OF the Governor. and if il was import
ant that the Governor for his own information
sG4 the information Of the public should put
the only witness he chose 10 call under oath, II
seems 10 me il is perfectly proper when in the
place Of rumor and talk and wild assertion we
put the witness whose testimony should have
weight with this Senate and must be given TO
the Senate also under oath so that there shall be
neither rumor nor wild assertion TO be consul
cred in the disposition of thisimportant case.
no POWER TO ADMINISTER OATH"
The committee, Senator Raines went on,
had no power to administer oath even TO
transmit 10 the Senate the testimony taken be-
IN ear
and make statements before it. Then he moved
formally for an executive session to consider
procedure.
But Senator Armstrong protested. defending
the plan under which the committee was acting.
The committee was ready 20 hear Kelsey and
receive any documents he might choose TO file
before H. "but it is not necessary he said
whether we have the power not. that that
hearing should be under the sanctity of an oath
II would be unusual that IL be so"
The committee determined there would be no
objection 10 a question and answer examination
o. Mr.. Kelsey
This recommendation was presented 20 the
Legislature from the Governor on February
20" he said, Just a month ago. but tho deaths
which have occurred and the sickness Of the
temporary president and other matters have
been made an excuse for the delays which have
occurred. We should proceed promptly 10 hear
Mr. Kelsey about what he has 10 say. and do
not want any impression compression created
that the committee has made any mistake or
that & has Inisconceived the purpose for which
Il was rescrred 10 IL. or that IL intends TO do
anything else. I see no reason why there should
he a delay. ] do see a very marked objection
70 further delay. We should proceed with the
business which was committed TO US in such a
way as TO report 10 the Senate what disposition
glr ~ we lCf vrla