and initiative already displayed make it unsafe to accept assurances for the future. The excuses that he now makes serve only to place in a more prominent light his misconception of his obligations and of what the people of the State have a right to expect. With this recommendation for his removal by your honorable body, I transmit to you the transcript of his testimony taken before me, with his supplementary communication. CHARLES E. HUGHES Action of the Senate STATE OF NEW YORK EXECUTIVE CHAMBER Albany, May 3, 1907 Pursuant to section 22 of the Public Officers Law (chapter six hundred and eighty-one of the laws of eighteen hundred and ninety-two) we, Lewis Stuyvesant Chanler, President of the Senate, and Lafayette B. Gleason, Clerk of the Senate, do hereby certify that, at the session of the Senate held on the second day of May, nineteen hundred and seven, the President put the following question: "Shall the Senate concur in the recommendation of the Governor for the removal of Otto Kelsey from the office of Superintendent of Insurance," and it was decided in the negative as follows: Ayes Messrs. Agnew, Armstrong, Burr, Carpenter, Cassidy, Cobb, Cordts, Davis, Dunn, Emerson, Foelker, Fuller, Gates, Gilchrist, Grattan, Heacock, Hinman, Knapp, O'Neill, Page, Saxe, Taylor, Travis, Wemple - 24. Nays Messrs. Ackroyd, Allds, Boyce, Cohalan, Cullen, Fancher, Franchot, Frawley, Grady, Harte, Hasenflug, Hill, Hooker, McCall, McCarren, McManus, Mullaney, Owens, Raines, Ramsperger, Smith, Sohmer, Sullivan, Thompson, Tully, White, Wilcox-27. IN WITNESS WHEREOF, we have set our hands and caused the official seal of the Senate of the State [L. S.] of New York to be hereunto affixed this third day of May, 1907. LEWIS STUYVESANT CHANLER TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETINGS: Know ye that pursuant to section 7 of the Executive Law as added by chapter 539 of the Laws of 1907 I have appointed and by these presents do appoint MATTHEW C. FLEMING, of the city of New York, to examine and investigate the management and affairs of the Insurance Department of the State of New York; The said Matthew C. Fleming is hereby empowered to subpœna and enforce the attendance of witnesses, to administer oaths and examine witnesses under oath, and to require the production of any books or papers deemed relevant or material; And I hereby give and grant unto said Matthew C. Fleming all and singular the powers and authorities which may be given or granted unto a person appointed by me for such purpose under authority of the statute aforesaid. [L. S.] IN WITNESS WHEREOF, I have subscribed my name to these Presents and caused the Privy Seal of the State to be affixed hereto at the Capitol in the city of Albany this twentieth day of August in the year of our Lord one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: ROBERT H. FULLER Secretary to the Governor SUPERINTENDENT OF THE POOR, NIAGARA COUNTY. Proceedings for the Removal of Wilbur T. Pool - Notice and Summons to Answer Amended Petition In the Matter of the Application of the Board of Supervisors of Niagara County to the Governor of the State of New York for the Removal from Office of Wilbur T. Pool as Superintendent of the Poor of Said County. To WILBUR T. POOL: A copy of the petition in the above-entitled proceeding, and an order to show cause, having heretofore been served upon you, and an answer to said petition having heretofore been filed by you, and a commissioner to take testimony having heretofore been appointed, and an amended petition having been filed with me (a copy of which is hereto attached), it is hereby ORDERED, That an answer to said amended petition be made within eight days after the service of this order and a copy of said petition, and that upon the original and amended peti t tion you show cause, as heretofore ordered, why you should not be removed from the office of superintendent of the poor of Niagara county. GIVEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany this eighth day of January in the year of our Lord one thousand nine hundred and seven. [L. S.] In the Matter of the Application of the Board of Supervisors of Niagara County to the Governor of the State of New York for the Removal from Office of Wilbur T. Pool as Superintendent of the Poor of Said County. WHEREAS, Proceedings are now pending in the above-entitled matter before a commissioner appointed by the Governor to take testimony; and whereas an amended petition in said proceeding has been filed; and whereas an order has heretofore been made requiring an answer to the amended petition within eight days from the time of the service of the same upon said Wilbur T. Pool; and whereas application is now made by the said Wilbur T. Pool for an extension of time in which to answer; IT IS HEREBY ORDERED, That the time in which to answer said amended petition be, and the same is, hereby extended to the twenty-second day of January, 1907, upon condition that the answer be, on or before that day, filed with the counsel here tofore designated by the Attorney-General to conduct the said proceedings. GIVEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany this sixteenth [L. S.] day of January in the year of our Lord one thousand nine hundred and seven. By the Governor : ROBERT H. FULLER CHARLES E. HUGHES Secretary to the Governor Order of Removal from Office. STATE OF NEW YORK EXECUTIVE CHAMBER BEFORE THE GOVERNOR: ORDER OF REMOVAL In the Matter of the Application of the Board of Supervisors Charges of misconduct and incompetence in office having been preferred against Wilbur T. Pool by the board of supervisors of Niagara county and the members thereof, and a copy of such charges having been served upon him, together with an order to show cause why he should not be removed from office, and an answer to said charges having been filed by him, and Hon. Carey D. Davis having been appointed a commissioner to take testimony relating to said charges, and the report of the commissioner, together with the evidence taken by him, having been filed with me, and counsel having been heard before me upon said report and evidence, now, therefore, it appearing to my satisfaction that the charges of misconduct. and incompetence in office are substantially true and that the public interest requires it, it is hereby |