The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-11-28
JUDGE KICKS AND The FEES.
Chairman Bailey Puts the Judge in a
Bad Light.

a Woman Employed by the Judge to
Make a Record Testihes That She
Signed a Voucher for $500, but Re-
ceived Only $153 for Her work-The
Judge Shown to Have Received Fees
as Clerk After he Became a Judge.
His Attempt to Explain Not Salts
factory.
Cleveland. O., Nov. 27.-Under a most
searching cross-examination by Chairman
Bailey of the congressional sub-commlt-
tee, Judge A. J. Kicks hesitated this af-
ternoon, and finally pleaded ignorance
of the law regulating the collection of
fees, the misrepresentation of which he is
charged with. There was CONSERVATION
among the six corporation lawyers who
are defending the judge, and a lively tilt
between Mr.. Bailey and Judge Steven
son Burke followed. in which the latter
came out second best.
The hearing was resumed at o'clock
p. m, with the court room crowded to
the doors. Miss Minnie Lilis, who was
employed by Judge Kicks to make the
record in the Burdsen cases, was on the
stand and questioned by Mr.. Bailey She
testified that she had signed voucher
for $500 for work done by herself in making
the records of the Birdseu cases, When
as a matter of fact, she had received
Sl53 for the work. she 5755 paid $50 a
month by Judge Kicks, and the work
on the Birdsell cases occupied about five
months This was after Judge Kicks had
been elevated to the bench, and after the
time he was allowed by law to collect
fees as clerk.
Attorney Virgil p. Kline OF the defense
failed to confuse the witness.
Judge Kicks, you may take the witness
chair said Mr. Bailey. ''Will you please
state to me your understanding of the
law relating to your compensation as
clerk?'
The law authorizes the retention by
the clerk at $500 year and office ex-
penses, the rest of the fees collected going
to the government" answered Judge
Kicks.
IN case the fees collected fall short
of $500 can the clerk collect the de-
fciency from the government"
He cannot"
Under what theory, Judge Kicks" ask
ed Mr.. Bailey, weighing every word and
looking al the witness sternly, could
man earn a fee as clerk after he had been
made a iudge?'
The question had more the form of
direct accusation than a query, as it en-
bodied the exact charges against Judge
Kicks.
Judge Kicks answered in a voice that
was scarcely audible that judge could
only collect fees that he had earned as
a clerk.
But interrupted Mr.. Bailey, there We
have a case where a fee was ordered or
collected while you were not the clerk
The testimony that has been submitted
to the committee shows that the records
for which you received fees in these va
rious cases were made after you became
a judge"
Il simply charged myself with fees
while clerk, which l collected as a judge"
said Judge Kicks.
How could you charge yourself with
fees not earned?'
Il could charge myself with fees earn
| ed, but not collected" protested Judge
Kicks.
YES but here you were in the anon
alous position of collecting as judge fees
that you had not earned as clerk. The
| Ohio statutes are very clear as to the
clerks fees in these cases. They state
that no fees may be charged for final
record until the work is actually per-
formed"
1T is the custom to collect fees in
such cases after leaving the office" said
Judge Kicks, "and 1 thought it was
right"
Custom makes law, your honor" sug-
gested Judge Burke
Not when the custom is contrary to the
statutes" retorted Mr.. Bailey sharply.
The evidence all being in at 5 O'Clock the
committee adjourned, after allowing
Judge Kicks attorney fifteen days in
which to file explanations of the various
charges and briefs with the committee in
Washington.
Judge Burke argued for thirty days. but
Mr.. Bailey thought that it would be an un-
necessary delay. The committee left for
Washington tonight