Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-23

Texas Statesmen I.esolution Adopted.
WAsHINGToS, JAZZ. % The attempt 70
impeach Judge Augustus j. Kicks, Of
Cleveland, has failed in the house judici-
airy committee by AN adverse vote of y tn
:, and instead of tine resolution for i'm
parchment, which Bailey OF Texas had
prepared to report to the house, one will
be presented Genouncing the fee system
which. in the opinion of members has
made the proceedings possible. Judge
Kicks gave personal explanation TO the
committee of the accounts in the Birdsell
eases, which he had handled as clerk of
the court, and which furnished ground
for the Investigation, rnd testimony was
given agai st him by Martin w. Sanders,
who had been his deputy clerk and sue
ceeded to the clerkship when Judge
Kicks was promoted to the bench. The
days review of the case, which was of
bitter and acrimonious character, changed
the opinion of no member Of the commit
tee. When the vote was taken four Deaao-
Gratis voted for the judge.
Judge Kicks Makes Statement.
When the committee met Judge Kicks
ing to let the case go to the committee Oh
his counsel's brief, but Culbcrson, the
chairman. said he thou gIit it would bc
well for the judge to make a statement.
The judge thcrcupon said that the cases
in which improper receipt of fees was
charged were anomalous i'll character OF
he would not have undertaken to COM
pletc the record. He entered at length
into various sums and figures involved.
Il claim that l had a right to complete
tie records as did. l claim that l ac-
counted satisfactorily to the government
for all the moneys, that my successor as
clerk lost nothing by the transaction, and
that acted strictly according to the Gus
tom followed by the courts in such
cases" The trouble arose over the prac-
tice of clerks of charging themselves with
completed records in advance of compile
ton, but the judge said the practice was
universal.
Couldn't Afford To he GuarantOr.
Culberson inquired why he had not re-
turned the accounts to the attorney gen
erals Office in one report instead of scat
tering them through several years, and
the judge replied: 1t was not my duty
to complete all records, but it was my OPP
ton or privilege, So l charged myself
with those in which the parties were sol
vent. Had 1 charged those in which the
parties were insolvcnt, and i well knew
that some of them We're, would have be-
come guarantor for the government for
the cost of the work. l hold that n clerk
is not Obliged to make returns until the
work is done" Had he done otherwise
than he did it would have been necessary
for him to advance the money, some ST.
200. he said, when he became judge, and
run the risk of collecting it when the work
was done.
Reasons for Estimating in Advance.
In explaining why this advance esti,nat-
ing was done the judge said that other
wise the government and clerks would
risk losing the costs since parties might
become insolvent or move from the dis
trict after the decree was entered and be-
fore the record was finished. The question
of the right to estimate the work without
knowing the exact amount to be done was
discussed, and the judge said that the gen.
eral average was about correct, as in some
cases the work slightly exceeded the csti-
mates and in others fell below. Bailey
was evidently determined to get the judge
''in a hole" however, and he provided the
principal matter of interest in the exami-
nation, which while he was the ques-
TONER was rather waspish.
The Question of the Oath.
Bailey made his point against the judge
swearing in his report in 1855 that the
fees had been earned and received, when
they had not been so earned and received
at that time Except in the constructive
manner which was the custom that
caused the trouble), and the judge
thought that the oath could be fairly con-
struet in view of his explanation. The
judge was about to explain his con-
struction of the law when Bailey said:
'The committee can pass upon the law
without testimony. What l want to get
at is your motive. Do you know any line
of law that you justified in doing that"
Il have explained what the custom is"
said the judge"