New-York tribune., 1908-02-27

consideration In this answer he seeks to divert
attention from the undisputed facts the 10 ,nvesti
CATION, to show that the question is res auJu Ia
bs ng tse to Show that the inquiry
inaccurate and worthless.
Mr. Fleming referring to alleged misleading state
ments and suppression of facts contained III ou-
perintendent Kelsey's answer. states:
On almost every page of the answer absolutely
erroneous impressions of the testimony are given;
facts and opinions. In this way it is extremely ~
easy to set up men of straw for the purposse so oa
knocking them down again. and TO give the oeieieo
strength MOI more apparent than real ,.z.t .,ms at
NV DISPOSAL IS T To scnas 6e m o IN the referred
to- some of them are of sufficient imPor 'hes 70
Failure to Reorganize the Department'xthe an,
swer wholly nisstates the criticism set forth in
had his attention called to various matters con, on
nothing in the of examining into these matters
between February and October. While In his testl-
RESPONSIBLE for the acts eompIaned Of in his
swer he attempts to defend and justify their con-
His states that the acts of the statistcian
he was Controller and not Superintendent of In
surance. Mr.. Kelsey knows that he was not critl-
omission in the report Of an m insurance company
he had made effort to fix the responsibility FOR
The answer attempts to defend the failure of the
restorations, of the washington Life, by stating
been detected was by an examination of the COM
pdny at the nome ONCE
The above misstatements suppression of facts
and changes of positions from those taken on the
witness stand typical of the entire answer and
to discredt it They simply serve to en-
the report that Mr.. Kelsey has taken effective
steps to reorganiZe the department. and show that
in all probability he will never see fit to do So
In the matter of supervision of investment Mr..
Fleming states:
Perhaps on no other subject does the answer con-
tain misleading statements than in connec-
tion with Mr. Kelsey's supervision of investments,
which subject is discussed page - to 50 OF the
report
On pages 13 and IA of the answer states: BY
innuendo he assumes that l should have exercised
a power not conferred upon me by statute to COM
and trust companies and the stocks, notes and
bonds of public service corporations This is SIM
ply another instance of the missta tement of the
report for nowhere, either by direct language by
implication does the report express any such opin
ion. So that his remarks this subject simply
occupy space without serving any purpose what
The of the Provident Savings Life forms a
special feature of Mr. Flemng's reply, in which he
states:
This case affords but another instance of the ina
bility of the Superintendent to meet new situations
and to obtain information without complete
animation of an insurance company.
Mr. Fleming concluding his reply says:
The above statement of facts, thus limited and
conclusions of the report of January 80, and es-
tabishes the fact that the Superintendent has not
measured up to the standard of efficiency upon
which the State of New York has right in
sist Furthermore, the very interpOSitOn of such
answer. with its reckless suppression of facts
and misleading statements. nterposed with knowl-
edge that there would be little opportunity
to reply, shows clearly the unitness of the present
Superintendent for any position OF trust.