New-York tribune., 1908-02-26
SKIRMISH OVER KELSEY
.Superintendent's Reply Sent tt
Fleming-Vote To-day.
TBy Telegraph to The Tribune. ]

By The Tribune.l
Albany Feb R-In a debate which apparently
had no real reason for beginning and ended no
where the Senate to-day fought preliminary bat
tie over the Kelsey case Considerable bitterness
was manifested various stages in the proceed
ings. and at times it looked if the anti-Kelsey
men were mannuvring for delay or test vote.
They did not obtain any delay. and when there
came opportunity for a vote both sides avoided a
count of noses.
Senator Armstrong started the skirmsh by a mo-
ton directing the clerk to transmit to Matthew Z.
Fleming who investigated the charges against Su-
perintendent Kelsey. copy Of Mr.. kesey's reply
This construed by Kelsey supporters as play
for delay and likely to interfere with their pro-
gramme. characterized by one OF the Governor s
close friends as gag and JAM" They objected We
/ hemently. Senator Grady declared that last year
he had been pilloried a representative OF the
insurance interests because he fought for delay.
and he wasn't going to have any unnecessary delay
this time. He offered amendment that the Sen
ate send word Mr.. Fleming that 1t would be glad
to receive reply from him before IL a. m to-
morrow, but withdrew this before vote was taken
and the Armstrong resolution was passed
To the various objections raised Senator Arm
strong replied that he not trying TO make de-
lay. Senator White said the Senate'S resolution
of procedure was all the notice Mr.. Kelsey had.
and he did not why Mr.. Fleming should be
treated with courtesy
'T am not objecting to the motion. but L am
| confused about Mr.. F1emiDgs position said Sem
| ator Grady. 'I assumed that he eppointed as
| a sort OF Judge by Governor Hughes, but the
procedure adopted makes him a prosecutor for the
| plaintiff"
| Senator Page came to the rescue OF Mr.. Fleming
| by saying that when the resolution fixing the date
for the final vote adopted by the Senate last
| Thursday Mr.. Kelsey had his answer all ready and
| that his Limitation 10 Monday night in which to
file an answer in no way hampered him.
1.-THE short time provided satisfactory to Mr.
Kelseys counsel" said Senator Page, because the
answer of Mr. Kelsey was prepared.
A plea for fair play was made By Senator Hin
| man. of Bnghamton. who said:
1--WE cannot afford to have it go out that are
| trying TO play any trick sharp practice Let me
say to you that this Senate can afford to delay this
matter twenty-four forty-eight hours rather
than have it go out that have INDUCED IN sharp
practices. In the resolution we have practically
given Mr.. Fleming the right to answer fairly and
honestly and l. for one. intend to vote to give
him chance to reply. I don't want it TO go out
that this all a scheme and trick to put some
In hole"
II am willing to say" said Senator Raines, that
IL Mr.. Kelsey has set up any new matter in his
answer Mr. Fleming should have an opportunity
to reply. Nobody desires to fOreclose the oppoT-
tunity of Mr.. Fleming to reply"
Senator Grady thought that the sending OF
copy of the Kelsey reply to Mr. Fleming all
nonsense. Don't you suppose for a minute
that Mr. Fleming is under years of age"
he said HE has a copy of this reply, and he
| probably has a big force working every minute
on the reply he will level at the Senate. Don't
suppose that Mr.. Fleming is sitting in his office
waiting to be Informed by some what Mr..
Kelsey has said In his reply
| The Armstrong resolution adopted by viva
| voce vote. which not marked by vociferous-
ness either side.
No business the Kelsey will be trans
acted IN the Senate tomorrow. There will be a
| great display of oratory. for many of the Kelsey
men yearn TO vent their feelings at the "persecu-
ton to which, they say, the Insurance Supern-
| tendent is being subjected II is possible that
| this flood of sentiment may throw the vote over
until evening even Thursday morning If the
| Governors friends make any vigorous fight.
| There still is doubt about the result of the
| VOTE though the Kelsey have decided to let
one or two Senators vote against the Superin-
| tendent. This has been done because these Sen
ators want to be reelected and desire not to
have this a campaign issue against them
The vote for Mr.. Kelsey is likely to be twenty-nine
thirty.