The morning call., 1895-01-16
STRICT PARTY LINES.
Judge Kicks Is Likely to Be
Impeached.
THE DEMOCRATS FAVOR IT.
Resolutions to Be Reported From
the Judiciary Committee.
CONGRESS- GIVEN A Big SURPRISE.
Friends Of the Accused Judge Have
Hopes That Lack Of Time
May Save Him.

WASHINGTON, Jan. Is. - Congress was
given a decided surprise to-day by the
Committee on Judiciary, which decided,
by vote of Z to 6, to report the resolution
for the Impeachment of Judge Augustus
]. Kicks of Cleveland for malfeasance in
Office. Not for many years has 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 Government has an impeachment
trial of a 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 he
claimed he had previously earned as clerk
of the court, and to which it was now as
certained he was not entitled. The num-
Der of years which have elapsed since the
transaction, and the contention of the
Judges friends that the proceedings were
inspired by ruling prejudicial to the in
terests of labor which he made recently,
tended to lessen the interest which would
originally have been taken in the case.
Now the Judiciary Committee has deemed
the matter of sufficient gravity to warrant
impeachment, and it has become suddenly
a decided sensation.
The friends of Judge Kicks declare that
there are possibilities that the impeach-
ment may not be undertaken. They de-
pend on members who were absent from
the stormy committee meeting to-day to
join them Friday in voting to substitute
minority report for the one which Mr..
Bailey will prepare, and which will be a
strong arraignment of the Judge if couched
in the tenor of his speeches to-day. There
is doubt Of the parliamentary possibility of
such a stroke, but the short time remain
ing to Congress inspires the belief this
will go over to the next Congress. In that
event the impeachment probably will not
be undertaken, as the decision to-day was
practically on party lines, the Republicans
supporting Kicks.
The function of the House is that of
grand jury in such a case. 1t decides
whether sufficient cause is shown to justify
a trial and appoints managers who act as
prosecutors. The Senators sit in the ca
pacity of judges or jurors, with the Judges
of the Supreme Court sitting. The Senate
has nothing to say whether an impeach-
ment is to be conducted, but if it does not
see fit to finish this trial before the 4th OF
March, the proceedings taken will be void.
The vote in committee was: for Z,
against 6. The vote was nearly on party
lines, but one Republican voting for i'm
parchment and one Democrat against it.
Mr.. Bailey will present majority report to
IL l.
nority report. The supporters of Judge
Kicks entertain hopes that the decision
will be reversed Three members were
absent to-day and at Fridays meeting
there will be an attempt made to adopt the
minority report. The resolution will be
reported to the House on Friday as priyi-
legged business, taking precedence over
everything else. If 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 impeachment-Culbe of Texas,
stockdale of Mississippi, Boatner of
Louisiana Lane of Illinois, Bailey of Texas,
De Almond OF Missouri Democrats; and
Updegraft of Iowa, Republican.
Against LII pedCHHleHG. nay Oh 1enn-
sylvania, Powers of Vermont, Broderick of
Kansas, W. A. Stone of Pennsylvania,
Childs of Illinois, Republicans; and Good
night, Democrat.
Harrison Democrat) of Louisiana, who
was present, refrained from voting.
The absentees were Layton of Ohio and
Wolverton of Pennsylvania, Republicans;
and Terry of Arkansas, Democrat.
1t is thought that both Layton and VOL
verton are opposed to impeachment, and
although Terry is thought to favor it Fri
day meeting may change the result. The
discussion lasted three hours after the
members of the subcommittee had sub
mitted their views, and was rather in
formal. Bailey spoke several times very
warmly, and Boatner was very ardent in
his advocacy of impeachment, while Brod-
erick was the most actively opposed to the
movement. The Republicans accused the
Democrats of holding prejudices against
Federal Judges, and of losing no oppor-
tunity to strike at them.
DFTCH3PS nv TIVE