New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-01
KELSEY CASE REFERRED
NO RECOMMENDATION.
Committee Wants Senate to Hear
Counsel.
~ Telesraph % &c TrInune. J

IBy Telegraph The Tribune
Albany April 3e.-The Senate Judiciary COM
mittee voted to-day TO refer the Kelsey case to
the Senate without recommendation The KeI-
sey men We're in control OF the committee from
the first vote. and the committee adopted pol
icy of procedure for the Senate proposed by
Senator Raines. which includes the unprece-
dented feature of an address TO the Senate by
counsel for Kelsey Trouble over this part of
| the programme is expected tomorrow. when the
| report Of the Judiciary Committee Is submitted
to the Senate. Several Senators have announced
that they will protest against the speech OF
counsel
What right has the committee TO sly that
any lawyer shall address the Senate on this
| case?" demanded one Senator Aren't
capable of forming opinions the
merits of the from the evidence without
having that man Hatch talking for two or
three hOurs?'
The intention now is TO have the Kelsey case
made special order in the Senate for Thurs
day, to let ex-Justice Hatch make his final plea
for the acquittal of Kelsey. and then to rush
the matter to a vote. Kelsey's friends are con-
fident that. If startling change occurs in the
general situation before Thursday the Cow
ernors recommendation Of removal will be de-
feated by thirty votes Friends of the Governor
admit that the situation is grave They reeog-
nize the drift in sentiment produced by Senator
Raines's open declaration for KELSEY last week,
but still believe that the fact that Tom Grady
and Pat" McCarren are even more proninent-
ly identified now with the Kelsey defence than
is Senator Raines. should go far toward pre-
venting any Republican from following his ex-
ample.
CONTROL OF THE COMMITTEE
| Developments in the committee to-day were
prompt AID left no doubt about where the
troll of the cSraInittee lay. Senator Page moved
| first that the Governors recommendations Of re-
| moval be indorsed by the committee. To this
| Senator Aids offered u substitute providing
| that the committee refer the recommendation
and the testimony the entire Senate without
| recommendation. The AIldSs substitute was
| adopted by TO g. Aids. Cohalan. Grady, Grat-
! tan. NcCarren. Raines and Smith voting for it,
/ Davis Armstrong. Cobb. Hinman. Page AMI
Taylor against
] Then Senator Raines presented section by Sec
! tion set of resolutions outlining the procedure
10 be followed by the Senate in handling the
case. The irst section provided that ex-Justice
Hatch chief counsel for Kelsey. be permitted
make address TO the Senate. This as the
! Hughes men see il. will be the final summing up
OF the defence before the case goes 10 the jury.
| Much argument resulted the resolution
| Senators Armstrong and Page protested against
| any such invasion of custom but the vote It
was carried by 10 g. This lineup was Aids.
| Grady Grattan Hinulan McCarren Rafnes and
| Smith, for: Davis. Armstrong. Cobb. Cohalan.
| Page and Taylor. against On this vote Senator
I Hinman shifted 10 the Kelsey men and Senator
| Cohalan. who In the first vote had been with the
/ Kelsey men. joined the Governors friends The
| second section OF the Raines resolutions was OF
/ much Importance also II provided that the vote
on the result to be effective must be or az least
| a majority OF the Senators elected This fol-
| lowed the lines OF the plea made by Nr. Hatch
| in his summing up before the Judiciary commit
| tee that in both the other cases majority vote
| had been required for acquittal or dismissal
Little opposition was manifested TO this sec-
| ton The vote was u to l. Senator Hinman
| being recorded against il. He declared that the
| vote should be Of a majority Of those present
/ In the third section Of his resolutions Senator
Raines specified the form of question on whtcn
the final vote should be taken IL should be
| Senator Raines said. Shall Superintendent kei-
sey be removed from his office as SupeTin-
| tendent OF Insurance. On Jhat section the
committee was unanimous, and on the final sec
ton providing that the vote should be ave or
nay. there no division
KELSEY MEN CLAIM VICTORY
In most quarters. the action OF the COMMITTEES
is hailed as preliminary victory for the Kelsey
forces and some take it 10 indicate fairly the
result on the final vote Kelsey men are quietly
jubilant with here and there one who maintains
in private that in the end. when the senate Is
lined up on the last TOllCaI, with the pubic
watching every mans attitude, there VIII De
mans twistngs and turntngs 10 escape going on
record In opposition TO the Governor
Governor Hughes is not disturbed over the
Of he meeting Some of his friends De-
Iieve that he would not be much disturbed even
If Kelsey were retained, but argue thar this
would furnish him with a tremendous weapon
to turn against any opposition 10 his Legislative
n-oeramue The Kelsey men have been ngur-
ing out polls of the Senate all the evening The
Hughes men have been doing the same thing
Each list contains a few names which each side
marks doubtful" The situation tonight hinges
entirely on the pressure which is being put on
poltical leaders 10 keep their followers in line
against the Governor, just as II viii hinge on
that point when the first name IS called on the
last rollcalL -.
III the corporations have agitated this casa
sufHciently to get the politicians 10 the sticking
noint where they will deliver their Senator'S and
he satisfied 10 stand or fall by this result then
rpavbe we shall see this Senate voting 10 retain
Otto Kelsey in defiance of the Governors re-
quest" declared a Hughes supporter Tonight
Until the last name is called shall not be able
- ..rcd:t anv such idea. firmly believe the COR
noratto, agents have been at work this Kel-
sew case with the idea of producing a rupture
between the Governor ard the Legislature. in the
hone that somehow the utilities bill might be
weakened or killed. II seems almost possible
that McCarren and Grady may have formed an
effective coalition with the Republicans. But
will they stand at the critical moment? We all
realize that this is q disagreeable duty There's
NOT a man who will be pleased tc vote TO turn
otto Kelsey out don't believe the Governor
found it an easy thing TO write that message
10 the Senate demanding Kelsey's head. Tbs
noint was he believed II his duty. When IL
comes down 70 the final moment, and each Sen
ator realizes he is going on record before the
world I expect all these preliminary canvasses
will go by the board