New-York tribune., 1908-02-27
KELSEY RETAINS PLACE
VOIE IN SENATE so TO 10
Taken Without Debate-NO
Comment by Governor.
rBy Telegraph to The Tribune. ]

Albany. Feb 26-Nithout word OF DEBATE the
Senate half hour to-day voted down Gov
ernor Hughes's second recommendation for the
removal of Otto Kelsey, Superintendent of lnsur-
ance. The vote 30 10 49, Fifteen Republicans
and fifteen Democrats voted to sustain Mr. kei-
sew but IL needed least three other Republicans
would have been with the insurance superintend-
ent.
Technically it snap vote" though GER
tainly not from any intention shut off debate
or from any idea either side that the fullest
discussion would have changed the result in the
least Several Senators had prepared exhaustive
speeches Senator Fuller, Of Brooklyn. one of the
two Democrats who voted with the Governor, sat
up half the night writing his Senator Hooker, of
the kelsey forces, even brought his wife down to
hear his eloquence. Hughes men also had much
material ready, bat just at the last the uselessness
of debate question which was settled outside
the Senate chamber week ago dawned on every
body.
Senator Armstrong always will maintain. though
that Il was chewing gum which did the work Be-
fore the session began he set into circulation
eral packages Of that commodity manufactured by
his colleague. Senator Dunn, and he believes firmly
that the Senate, that part of il devoted to gum
too busy chewing to talk.
The Kelsey came up this morning as a spe-
cial order, but when the Senate assembled many
members absent. Senator Raines suggested
that the introduction Of bills and consideration of
messages from the Assembly take place until the
absentees gathered. Finally all save Senators Nc
Carren, Mullaney, Mccall and Thompson had ar
rived Lieutenant Governor Chaner ordered read
the resolution Of procedure. He then handed down
the answer Of Matthew e. Fleming to Superintend-
ent Kelsey's reply his report on the charges
Senator Armstrong asked that Fleming reply
be read. Senator Grady, minority leader, in1me-
diately declared belligerently that Mr.. Kelsey's
answer to the Fleming report was not read. and
he did not why the Fleming answer should be-
Senators Armstrong. Grady and Raines quibbled
over the point for a few minutes, until finally SEN
ator Armstrong demanded that the document be
read, whereupon Senator Grady moved that the
kelsey reply be read first.
WHITE INTERRUPTS THE CLERK
With sigh of resignation Clerk Gleason began,
but before he had been at his task five minutes
Senator Horace Write. head of the Kelsey defence
sprang up.
L must protest against the further reading of
these documents, he said 'as merely a punish
ment TO the Senate and waste of the pubc's
time" He asked both Senators to withdraw their
motions, and they did SO.
Then ensued a pause OF a couple minutes.
hughes men looked at each other; Kelsey Senators
whispered together, but nobody rose TO debate the
question The presiding officer twice asked mildly
II debate were ended. The pause continued Up
IN the galleries the largest throng which has at
tended any of the numerous Kelsey sessions
dered what was the hitch in what expected to
be star performance, with plenty of fireworks
and spectacular effects. Most of the Senators
nhued 10 chew gum and whisper among them
selves. Still nobody showed the slightest inclina-
ton TO argue the merits Of the removal proposition.
Again the Lieutenant Governor warned the Senate
that he would put the question If debate
ended Wives of of the legislators gathered
to lend encouragement to their husbands looked
their reproaCh, and the latter sQuirmed little in
their chairs, but nobody said word, and the Lieu
tenant Governor in despair announced. in the words
of the RaInes resolution:
Consideration having been concluded 1 now put
the question Shall Otto Kelsey be removed" "
AS their called, without a word of
explanation the Senators voted. Ackroyd Harte,
Hasenfug, Gates. Mullaney and Thompson passed
the first vote, but all save Mullaney, Thompson
and Mccall came In on a call for absentees Mul-
laney brought into the chamber by one of the
sergeants-a t-arms, and promptly voted no. Mccall
is of the state, ill., according to telegram
ready by Senator Grady, who later said that Nc
Call authorized him 10 say he would have voted
for Kelsey The then stood % to 20 against
Senator O'NeiI asked leave change his vote,
making the result 80 19- AS he Switched there
was a burst of applause from Kelsey men in one
of the ante-chambers.
The vote as follows:
& ATmfrons Rg5a a; caPentef ;nt,. q3bb
cock Hinman, Knapp, Page, SAKE and Travis Fepubi-
cans Noessds CASSIDY Fancher FTancRot Gates ra
tan Hin HooksT o NeiiI Ranes Smith Tully Wenple'
Cohalsn c1Ilea F,ewlsy GTsdy o Hagte Hssenhug Nc
and sullivan Democrats
Mccall and Thompson absent
SENATOR CAssIDY's EXPLANATION.
Five Republicans. Senators Cassidy. Gates
O'Neill, Grattan and Wempe. changed from thei.
position of last year Senator Cassidy after the vote
said he believed Superintendent Kelsey had fair
trial last year all the issues brought up,
and besides constitutionally he was opposed to
f,,c+ Nafo hraa