The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-23
BEFORE THE COMMITTEE.
Judge Ricks Examined at Length
Testimony of Clerk Sanders.

WASHINGTON, Jan. 22-The House COM
mittee on the judiciary held an open ses-
sion to-day to consider the charges against
Judge Augustus j. Kicks, of Cleveland.
Judge Kicks was present with his attor-
ney, Virgil P. Kline, of Cleveland. The
Central Labor Union of Cleveland rep
resented by two attorneys-Arnold Green
and Gen. Edward S. Myer. But one mem
Der of the committee, MIR. Terry,
absent. Chairman Culberson announced to
Judge Kicks that the committee had in
vited him to appear, if he saw proper, al
though he not summoned and there
was nothing obligatory in his appearance
and asked if he desired to make any state
ment. The Judge said that the brief sub
mitted by his lawyers covered the ground
fairly and fully, but that he would be glad
to answer any questions. At the sugges-
ton of the chairman he made a state
ment.
The cases in which improper receipt of
fees were charged, Judge Kicks said, were
anomalous in character or he would not
have undertaken TO complete the records.
He entered at length into various sums and
figures involved and said: II claim that 1
had a right to complete the records as /
did. claim that accounted satisfactorily
to the government for all moneys; that
my successor as clerk. lost nothing by the
transaction. and that 1 acted strictly ac-
cording to the custom followed by the
courts in such cases. He stated that he
had aff1davits from clerks of several courts
to show that The practice of the clerk to
charge himself with the completed rec
ords in advance of their completion was
universal one. The charges for the work
had been made eighteen months before
he had any idea that he would be appoint
ed judge.
VII iy,,, Cv,,J1~1
had not returned the accounts to the At
torney-generars office in one report in
stead of scattering them through several
years, and the Judge replied: 1T
was my duty to complete all rec
ords; it was option, or privilege, so
records; 1t was option, or privilege, so I
parties We're solvent. Had charged those
in which the. parties were insolvent, as l
well knew that some of them were l
would have become a guarantor to the
government for the cost of the work. I
returns until the work is done Had he
done done Otherwise than he did it would have
money he m aad d. Mhen he the
came judge. and run the risk of collect
ing it when the work was done.
Mr.. Stone, Of Pennsylvania asked if it
were not fact that in all the Birdsell cases
the fees were estimated in advance by him
Iected before the work was actnaiiv done
and the Judge said that it was.
THE GENERAL CUSTOM.
Mr.. Boatner asked him if there was any
law authorizing clerk to collect fees be-
fore work is done.
Mr. Stone-He has said that it was the
general custom.
Judge Ricks-Otherwise the clerk and
the government would run the risk of los
ing the costs since parties might become
insolvent or move from the district after
the decree was entered and before the rec
ord was finished.
Then the question of the right to esti-
mate work without knowing the exact
amount to be done was discussed, and the
Judge said that the general average was
about correct, as in some cases the work
slightly exceeded the estimates and in 9TH
what right he had after he became Judge
to complete cases which he had not report
Judge said that he had no legal right, but
that his course was the most convenient
to all parties
Regarding the right to collect for work
not done the Judge said that the advance
charges were subject to review by counsel.
Suppose the clerk should die asked Mr..
Boatner, before he had done work for
which he had received charges?''
THE cost could be collected of his bonds
men or from his estate.
Mr.. Boatner--But suppose they were in
solvent could c com eth the Clerks success
Judge Kicks admitted that he could not
successor objected to another clerk com
ing into the office to complete the records
said that it was matter of comfy and
custom.
The superstition was cited by Mr.. Bailey
that there might be errors in the record
completed by the direction of retiring
clerk. which would be costly, and the la
bility of his bondsmeh having ceased with
his term of office there would be no re-
dress, and this excited considerable discus
sion.
Judge Kicks stated, in answer to a cues
ton from Mr. Powers, that he had never
passed on his own accounts as judge.
Mr. Bailey inquired whether If a con-
test over the records had been made he
would not have been called on to decide
and the Judge said as matter of fact no
contest had been made.
BAILEY LOSES HIS TEMPER
Then followed a contention between Mr..
Bailey and the judge as to whether docu-
ments bearing certain phases of the
case had been submitted at the hearing in
Cleveland, which ended with MIR. Bailey be-
coming rather angry and declaring: I'm
be sworn and testify they were not
The question was raised whether there
had not been confusion of the Birdsali
cases with other cases upon which he was
working. while you swore in your re-
port in 1885," said Mr.. Bailey that the
fees in these cases had been earned and
received. they had not actually been earned
or received