St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-23
CENSURE FOR RICKS.
The Accused Judge Is Given q
Hearing by the House
Judiciary Committee.
WILL NOT BE IMPEACHED.
Committee Decides to De-
nOunoe the Present Fee
System.
THE SESSION WAS A HOT ONE
Vigorous Minority Report
Will Be Made by Con-
gressman Bailey.

gpessman Bailey.
WASHINGTON. Jan. 22.-The attempt
20 imDeach Judge Augustus j. Kicks, or
Cleveland. failed today in the house
Judiciary committee by an adverse vote
of % TO E, and instead of a resolution for
imleachment, which Mr. Bailey. OF
Texas, had prepared to report to the
house, one will be presented denounc-
ing the Zee system which, in the opinion
of members. has made the proceedings
possible. Judge Ricks gave personal
exclamation to The committee OF the ac-
counts in the Birdsell case which ne had
handled as clerk Of the court and which
furnished ground fer the investigation,
and testimony was given against him
by Martin w. Sanders, who mad been
his deputy clerk and succeeded to the
clerkship when Judge Ricks was pro-
NOTED to the bench. The days review
OF the case. which was OF 2
E7itte-s = Acrimonious
character, changed the opinion of no
member of the committee, and the
charges were ignored. as it had been eX
pected they would be, when all the
members could be brought together for
IL vote. The case was made largely
party question, although Judge Kicks
had four Democratic votes, and, as the
next congress is strong Republican,
there is no probability that 1t Will be
revived.
The committee held an open session
TO consider the charges against Judge
Kicks. Judge Kicks was present with
his attorney, Virgil Z. Kline, Ol CleYe-
land. The Central Labor Union or
Cleveland was represented by two at
torucvs, Arnold Green and Gen. Edward
= Myer But enc member OF the com
mtJec MI Terry, of Arkansas. was alb
sent.
Ihe Judge said that The brief submit
ted by l!S lawyers covered the ground
fairly and fully, but that ne would be
glad 20 answer any questions. Al the
suggestion OF The Chairman he made
statement In cases where improper
receipt of fees were charged were
anomalous in character, or he would
lot have undertaken 10 complete the
records. lie entered at length into
various sums and figures involved, and
said. "I claim thatI mad a right to
complete lhe records as | did. l ac-
counted satisfactorily for all the mon
eys and my successor as clerk lost moths
ing by the transaction, and that ! acted
strictly according to the customs tol~
lowed by the courts u such cases" lie
claimed that
lie Had 8nidayEts
from clerks Of several courts to show
HAT the practice OF the clerk to charge
himself with the completed records III
advance OF their completion was uni 1
yersal one. HE charges tor the Work
had Ueen made eighteen months before
he was appointed ludge and before he
had any idea tuaL he would be APP
pointed.
Chairman CulbersOn inquired why he
had not returned the accounts TO the
attorney generals office in one report
instead of scattering them through Seys
eral years, and the Judge replied:
''lt was not my duty to complete all
records. but ii was Hy option OF priv
iIeGe, 50 / charged myself with those III
which jhe parties were solvent. Lad
charged those in which The parties were
iusOlyeut. and I well knew that some Of
them were / would have become guar
antOr for the government IOr the cost OF
the Work. | mold that 4 clerk is not
obliged to make return till the work is
done. Had he done otherwise lhan he
did 1t would have been necessary for
him TO advance the money, some Sl,100,
when he became Judge and run the risk
of collecting it when the work was
DONE
MI. Boatncr asked him if there was
amy law authorizing a clerk to collect
fees before work is done.
Nj. StOne-He has said that
"a Was the General Custom.
Judge Ricks-OlherWis the clerk
ana the government would risk losing
the costs. since parties might become
insO.vent or move from the district after
the decree was entered anu before the
AacOrd was finished.
in answer 10 Mr. B0atners question
what right he had after he became Judge
to complete cases which he had not re-
ported TO the attorney general while
clerk. the Judge said that he had no
legal right, nut that his course was the
most convenient to all parties. Regard
ing the right to collect for work not
done. the Judge said that the advance
charges were subject to review by
courts
suppose the clerk should die"
asked MI B0aner, ''before he had doue
work Ior which he had received
CLargas?n
"Ihe costs could be collected from
his bCudsmen or from his estate"
Mr.. 3Oatner- But suppose they were
ipsoiYrH;. Could / compel the clerks
successor 20 complete the work without
paying for 1t again!
Judge Kicks admitted that be could
not, ana in answer to the suDpositiOn
that his successor objected 10 another
clerk coming into his office to complete
the work. stated that it was question
Of comfy and custom.
An objection was made by Mr.. Bailey
that there might Ue errors IN the rec
CTds completed by a retired clerk which
would be costly, and the Liability of his
DOndSmen having ceased with his term
of OiliCg there would be no redress, and
this excited considerable discussion
judge RjckS stated, in answer to
question from Mr.. Powers, that he had
never passed upon his own accounts as
Judge. Mr.. Bailey inquired whether if
contest over the records had been
made, ne would net lave been called
uDOn 10 decide it. and the Judge said
that as matter OF fact
no Contest Had Reen Made,
Then followed a contention between
Mr.. Bailey and the judge as 10 whether
documents bearing on certain phases OF
The case had been submitted at the hear
ing at Cleveland, which ended with Mr..
Bailey's becoming rather angry and
declaring: II Will he sworn and testify
they were not" The question was
raised whether there had not been con-