New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-14
KELSEY GETS DELAY.
TO BE EXAMINED TO-DAY.
Hatch Wins Point Before Senate
Judiciary Committee.
IBy Telegraph . The Trlbune. J

tBy Telegraph 10 The Tribune.l
Albany March 13.-Under guise of a fiery ap-
peal for square deal" for otto Kelsey, Su-
perintendent Of Insurance his client, ex-Justice
Hatch at the Kelsey hearing before the Sen
ate Judiciary Committee to-day urged that he
be allowed to present witnesses. produce Off
cial documents and interrogate Superintendent
Messy IN his defence against removal at Gov
ernor Hughes's request These privileges were
IN distinct violation of the resolution adopted
by the committee governing procedure in the
Kelsey case. Yet a prolonged debate in execu-
tive session yielded an apparent victory for
superintendent Kelsey. since the committee con-
sented that tomorrow afternoon he may be eX-
amined by his lawyers instead of making
formal statement of his own accord.
Mr.. Hatch's request was thny veied move
to delay action and drag out the proceedings by
presenting practically all the employees of the In
surance Department and its official records. The
more important question is 10 be decided at
that point in the defence when the Kelsey law
yers desire TO call other witnesses.
The first hearing the Governors recon-
mendation that the Senate remove superintend-
ent Kelsey for Conspicuous failure to perform
the obvious duties of his office" not with
out its dramatic moments Superintendent Kel-
sey. his face tense, with little group of
his friends while ex-Justice Hatch hurled def
ance after defiance at the committee tauntinS
it with Kelsey's scrupulous honesty, and de-
claring that it dare not disgrace such man by
refusing TO hear fully his defence. 1t an
appeal TO the friendship which almost every man
in the Senate bears for Kelsey rather than
argument in refutation of the Governors pierre
ing arraignment. Yet II served its purpose.
What argument there in Mr.. Hatchs
appeal declared that Mr.. Kelsey had attended
tn wit rl<e cd "a Cif nd
tive under most trying conditions; that he con-
suited with Governor Higgins and Attorney Cen
eral Mayer and carried out their advice, and
that the only charge which rightfully could he
lodged against him was that he fulfilled the
wishes Of the Governor which didn't meet the
views of the next one
KELsEY's ACTIVITIES RECITED
Il hope the time never will come" shouted
Mr.. Hatch, when a man may be removed
from office whose only offence was that he fol-
lowed the advice Of one Governor which did not
meet the views of the subsequent executive.
and. after reciting a list OF the activities Of
Mr. Kelsey in the department. which the de-
fence viii bring out. he demanded emphatically;
do these things II true, call for his disgrace
at the hands Of the Senate. man the men
tion of whose name brings with II a certificate
Of character? These things this committee
must hear If Il acts without hearing this proof,
henceforth among men its members shall need
justification for this course. If you refuse to
hear his proof you send him forth disoredited
and disgraced He asks simple justice: Il Il
his right"
Interest in the hearing was widespread The
judiciary Committee sat IN the first row Of
seats in the Senate chamber. and the rest Of
tho chamber. the space behind the rail clear
tI,a all ,,ar
with spectators who included members Of both
houses and employees Of almost every depart
ment Speaker Wadsworth. a close friend OF
Mr. Kelsey was frequently in conference with
the Superintendent Mr.. Kelsey. accompanied
by ex-Justice Hatch and his associate counsel.
julius NJ Mayer. who hitherto has denied any
connection with the case, and Danforth T.
Ainsworth, was on hand long before the com
mittee was ready 10 settle down for the hear
ing Finally Senator Davis announced briefly
the nature Of the proceeding. Then Mr.. Hatch
began his plea for the defence. This the
first time in the history Of the state. he de-
clared. where the power lodged in the Senate
OF removing a state ofcial had been invoked in
such circumstances. In 1877 Governor Rob
inson had filed specific charges against the
bank superintendent and ne had been removed
after the charges had been substantiated before
the Senate
Later the Controller had filed charges against
superfntendent Of Insurance which Governor
Robinson had transmitted To the Senate. These
cases established the precedent of cases where
charges with particular specifications were
made the basis OF request for removal Of
state official The ease should he heard before
the whole Senate, argued Mr., Hatch. sparrtnG
for time Then he began to contend that no
specific charges against Kelsey were contained
in the Governors message
This case is entirely different from the
others" he said, "or else charges are here
which Kelsey must meet. l must assume that
this is the case since the Senate has adopted
a procedure differing from that where charges
are preferred / assume they deemed that the
message Of the Governor contained no charges
against this officer and that there has been in
voked the bare power OF the Senate to remove.
with no reason assigned for its being used
mo POWER To RESTRAIN ACTION"
Il have no quarrel with this 1t is possible
for the people of the state to empower the Sen
ate to remove officials ana to give no reason
therefor. l know OF no power to restrain such
action. I know of no law, if any one sought to
restrain. which could be made operative on this
body. Il is one of those powers which must be
granted without supervisory control. based on
the Judgment discretion and sense of justice of
the people who exercise it. They must be above
the law save they law unto themselves.
Under it property rights vanish, tenure OF office
ceases and character may be Gssassinated with
, out remedy. Senators. this is an awful power
resting on you. There is condition of human
affairs where there is such appeal to justice.
honor and fair dealing.
Il understand that this is the position taken
by the committee of the Senate went on ex-
Justice Hatch. I'm thus departing from prece-