New-York tribune., 1910-01-05

understand they all will do So have
not talked with them on that subject
since they told me on the Raines funeral
train that they would vote for Aids"
Mr.. Woodruff admitted being in re-
oeipt of communications from Represen-
tstive Parsons at Washington and others
on the leadership situation. He declined
20 comment on them, but seemed TO
think that all the sentiment there was
not for Hinnsu
Quite overshadowing anything in the
proceedings OF the Assembly caucus to-
night 10 choose officers for the new year
was Assembiyman William NJ Benefits
fat charge that Ray b. Smith. Assembly
clerk. had received money as a lobby
list for q Syracuse insurance company
This charge, made in the morning, did
not prevent the denomination of Mr..
Smith at the Republican caucus to-
night. when the Assembly organization
put through the regulation slate-James
W. wadsworth, jr.. for Speaker. Mr..
Smith for clerk, Bernard Haggarty, Of
Rochester, for sergeant-at-arms, and
Henry Lammert, of Brooklyn. for ste
nographer.
Mr. BENEFITS assertion was based on
a report Of the examiners in the State
Insurance Department made TO Super
intendeDt Hotchkiss late last month re-
ga riding the Peoples Mutual Life Insur-
ance Association and League of SYRIA
cuse. Mir. Smiths name does not appear
as a registered lobbyist in the records OF
the Secretary Of State for 1908 or 1909.
Assemblyman Benefits statement was
as follows:
Last Wednesday State Superintendent
OF Insurance William H. Hotcbkiss, in
an application TO the Supreme Court for
an order directing the Peoples Mutual
Life Insurance Association and League
Of Syracuse to show cause why its bust
ness should not be taken over by the
State Insurance Department. which was
granted filed a schedule showing the
ccmpany's expenses for the first ten
months of 1909 discovered by the eX-
aminers Of the Insurance Department.
Under date OF March 10, 1909, and under
the captaion Legal Expenses" appears
this item:
Ray B. Smith, looking after legisla-
rion. sloO.'
In the letters that have sent to MEM
bers of the Assembly asking them not to
vote fer Clerk Smiths reelection 1 have
charged him with being a lobbyist.
Some members have asked for direct eYi-
dence that would show that he had ac-
cepted money for looking after legisla-
tion while serving the state as clerk OF
the Assembly. Here il is.
II the Speaker or any member of the
Assembly, or if any Senator had received
pay for lobbying, his constituents would
have just cause for complaint. Why
should such actions on the part of the
clerk of the Assembly he looked upon in
any more favorable light?
Mr. Smith was considerably exercised
over the charge. He exhibited a dis
patch from ". II. Peck, the secretary OF
the company, to him, saying that the
check TO him for S1o0 was for attorneys
fees
I'm going 10 practise law whether I'm
clerk Of the Assembly or not" said Mr..
Smith. II receive 500 for lawsuit in
which ] am representing this company
and another one Ny briefs are on file
/ don't see how you can make any legis-
lative work out OF that. l understand
SaXton, the examiner in this case told
the president of this company that they
put down what they thought the items
ought TO represent, and if the company
didn't like it the officers would have a
chance 10 kick
Under the insurance laws a copy of the
report was submitted to the company
and opportunity for a hearing was given
on il before it was adopted as final. No
hearing was sought by the company.
Assemblymen Bennett. Bates and Hig-
gins, OF New York refused TO stay in
the caucus tonight when Mr.. Smiths
name was presented by Assemblyman
Walters of Onondaga County. Assem-
blyman Bennett arose and asked the in
dulgence of the members for a few SEN
fences.
when / came here | had intended to
name our own candidate for clerk" he
said, but conversation with many mem
Ders has convinced me that Smith will
receive a majority of the ninety-four
Republicans in this caucus. 1t would be
useless, therefore. TO put up another can
didate, and its only effect would be IN
place on record certain members and. tn
embarrass them in their legislative work
Consequently I will place no candidate
In the field. From my standpoint. how
ever, there is a question of ethics in
Nolyed IN the election of a clerk here to-
night which leaves only one thing open
for me, and that is to retire on this rolI-
cali"
He then left his seat. Assemblvman
Lindon Bates, jr., OF New York, made a
speech along the same line after which
with Assembiyman Higgins. the success
scr OF James A. Francis, who WAS the
Bennett candidate for clerk also walked
out of the Assembly chamber Assem-
blyman Jesse w. Phillips. of Allegany
called the caucus to order, and Assen-
blyman Frank Howard OF Tioga, was
named chairman The nominations of
the Speaker and other officials We're
unanimous
Assemblyman Lewis Stuyvesant Chan
Ter, former Lieutenant Governor. nresid
Cd at the Democratic Assembly caucus
and the following nominal tions were
made: For Speaker, Daniel d. F'risbie. of
Schoharie, the minority leader of last
year: for clerk, Peter AcrilIi, of New
York; for sergeant t-at-arms. Lee p
Belts, of Greene; for stenographer
James Whelan, OF Erie. Mr. Frisbie thus
will become minority leader of the
House.
A