The herald., 1895-01-16
THE JUDICIAL ERM|NE SO|LED,
Charges Against Judge Kicks
Sustained.
The Committee Report FavOring
Impeachment.
Strong Effort VIII Be Made to Stay
Further Proceedings Until the
Next Congress.

washington, Jan. 15.--Congress was
given q decided surprise today by the
committee on judiciary, which decided
by vote OF to to report the resolu.
ton for the impeachment of Judge
Augustus ]. Kicks Of Cleveland for NAL
feasance in Office. Not for many years
mas United States Judge been called
before the bar of the senate to defend
his right to wear the ermine of Office
against criminal charges, and only three
or four times in the history OF the gov
eminent has an impeachment trial of q
member Of the federal judiciary been
conducted. Few members had looked
into the charges preferred by the Central
Labor union OF Cleveland, the accuser
Of Judge Kicks. that while sitting
on the bench he paid to himself
fees which be claimed he had previously
earned as clerk OF the court and to
which it was now ascertained he was
not entitled. The number of years
which have elapsed since the trsnsac-
ton, and the contention OF the judges
friends that the proceedings were in
spired by a ruling prejudicisl to the
interests Of labor which he made res
Gently, tended to lessen the interest
which would originally have been taken
in the case. Now the judiciary COM
mittee had deemed the matter of suffi-
cient gravity to warrant impeachment.
it has become suddenly a decided sensas
ton.
FRIENDS AT WORK.
The friends of Judge Kicks declare
that there are large possibilities that
the impeachment may not be under
taken. They depend on mem bers who
were absent from the stormy committee
meeting today to join them Friday in
voting to substitute q minority report
for the one which Mr.. Bailey will pre-
pare, and which will be q strong arraign-
ment OF the Judge if couched in the
tenor OF his speeches today. There is
doubt of tho parliamentary possibility
of euch q stroke. but the short time res
naming to congress inspired the belief
that it will 60 over to the next congress.
In that event the impeachment will not
probably be undertaken, as the decision
today was practically on party lines, the
Republicans supporting Kicks.
The function is that OF q grand jury in
such o case. Il decides whether suf-
ioient cause ia shown to justify q trial.
and appoints managers who act as PROS
ecutors. The senators sit in the oapac-
ity of judge or jurors with the judges of
the supreme court sitting. The senate
has nothing to say whether an impeach-
ment is to DO conducted. but il 1t does
not see fit to finish this trial before the
4th of March the proceedings taken will
be void.
THE COMMITTEES WORK.
The house judiciary committee today
decided to report resolution for the
impeachment of Judge Kicks of Cleve-
land. The vote was For, 7; against
6. The vote WIGS nearly on party lines,
but one Republican voting for impeRch-
ment and one Democrat against it. Mr..
Bailey will present the majority report
to the committee, and Mr.. Broderick
the minority report. The supporters of
Judge Kicks entertain hopes that the
decision will be reversed. Three mems
bers were absent today and at Fridays
meeting there will be an attempt
made to adopt the minority report. The
resolution will be reported to the house
Friday as privileged business, taking
precedence over everything else. II the
house adopts it the managers on the
part Of the house will be appointed to
notify the senate of the action and to
institute proceedings. The vote was:
For Observation-Disclosures Demo.
crst of Texas; Ssockdsle, Democrat of
Mississippi; Boatner, Democrat of
Louisiana; Lane OF Illinois, Bailey of
Texas, Dearmond of Missouri, Demo-
crats, and Updegraf. Republican of
Iowa.
Against mpeachment-Rayo OF Pom
sylvsnia, Powers OF Vermont, Broderick
of Kansas. w. A. Stone of Pennsylva-
mia, Chids of Illinois, Republicans, and
Goodnight, Democrat.
Harrison. Democrat of Louisiana, who
was present. refrained from voting.
The ablentees were Layton OF Ohio
and Wolverton of Pennsylvania, Repub.
licans, and Terry OF Arkansas, Demo-
crat.
1t is thought both Layton and VOL
verton are opposed to impeachment and
although Terry 10 thought to favor it,
Fridays meeting may change the re-
suit.
The Discussion lasted three hours
after the members of the subcommittee
had submitted their views and was
rather informal Mr.. Bailey spoke sew
eral TIMES very warmly and Mr.. Bostner
was very ardent in his advocacy of i'm.
parchment, while Broderiok was the
most actively opposed to the movement.
The Republicans accused the Democrats
of holding prejudice against federal
judges and of losing no opportunity to
strike at them.