The Birmingham age-herald., 1907-11-06
JONES SUDDENLY COMES
 AND ASCENDS THE BENCH
He Wants Birch Retained and Hund- ley Wants Steele To Have Place of Both the Present
 Referees.
Who's who and what's what?

 power in the Northern District of Ala bama or does he share this appointiYe power with Judge Jones?
 Is Nenian L. Steele referee in bank ruptcy?
 Judge Hundley believes that he. and he only, is imbued with the appointive power for the Northern District, while Judge Jones insists that the appointive power is invested in both Judge Hundley and himself and that both must concur on ap- pointments.
 Monday Judge Hundley appointed As sstant District Attorney Nenian L. Steele referee in bankruptcy. Judge Jones ran up from Montgomery yesterday and re- voked the appointment.
 Thus has the most unique situation in federal judgedom arisen. Primarily the solving of the problem is up to the cir cult court of appeals, but it is positive that it will go to even higher authority for a final answer.
 Sensation at Federal Building.
 The sudden appearance of Judge Jones in Birmingham yesterday created one or the biggest sensations that the federal building has experienced in a long while. It was first known when Private Secre- tary May walked into United States Clerk Allsons office and informed him that Judge Jones would hold court in the aft ernoon and to have everything in readi- ness. The janitors were immediately sub poenaed and put to work scrubbing the floor and furniture of the court room, then everyone grew breathless awaiting for the arrival of the judge. It was a long wait-Judge Jones not appearing on the scene until 1 o'clock.
 Jones Wants Birch Reappointed.
 There are two referees-Alec c. Birch and Nathaniel w. Trimble, whose terms expire on November 10 and 13 respective ly. Last Friday in Huntsville Judge Hundley appointed Assistant District At torney N. L. Steele as referee in bank ruptcy, though it was not made public until Monday, when he took the oath of office. Judge Jones desires that Birch be reappointed, but Judge Hundley does not, and it is his intention that Steele shall handle the work now being done by Birch and Trimble, and he ignored Judge Jones completely and appointed Steele
 Could Not Be Reached By Telephone.
 Judge Hundley could not be reached by telephone last night. Judge Jones said he did all his talking on the bench, but that the matter is purely legal and not a personal one, and Mr Steele is also reticent.
 Judge Jones walked into the court
  in a deathly quietness Judge Jones read the order revoking the appoint ment of Nenian l.. Steele as referee in bankruptcy for the south ern division of the northern district of Alabama. This order reads as follows:
 Text of the Order. '1n the district court of the United
 States, for the southern division of
 the Northern district of Alabama
 Ordered by the court that the order heretofore made on the 1st day of No vember. 1907, appointing Nenian L. Steele, Esq, a referee in bankruptcy for the south ern division of the North ern district of Alabama, be and the same is hereby revoked, annulled and that Nenian l.. Steele is hereby re- moved as such referee.
 This November ,, 1907
 THOMAS c. JONES. United States Judge for the Northern
 and Middle Districts of Alabama. "Endorsed
 Filled in open court, this 9th day of November 1907.
 "CHARLES J. ALLISON, Clerk"
 Jones Gives Reasons.
 After reading the above order Judge Jones read from a manuscript his req son for revoking the appointment. The fVas3 six typewriter pages, and set forth extensively Judge Jones' views.
 It started off by saying that the mat ter was not personal, but purely legal; that it was the duty of federal judge to be governed according to his con- victions. and that he and Judge Hund- ley were each following their convic- tions as they saw them, but he be- lieved he was only following the law in pursuing the course he did in re- voking MT. Steele's appointment.
 The difference between judge" and court" was tn en defined. The opinion stated that both he and Judge Hundley form the court" and that the ap- pointments have to be made by the court" It also states that when the act creating the new judgeship was be- fore Congress Judge Jones called the attention of Congress to the fact that it did not relieve him of duty in the Northern district as the act simply provided for "a judge" and not sole judge" or separate judge" portion of an advisory letter from Judge Shel- by of the circuit court of appeals is also quoted. It winds up by saying 'I trust yet a friendly test case will be made up and speedily settled"
 The manuscript read by Judge Jones is as follows:
 Text of Opinion.
 The occasion demands, I say, somc- thing regarding the order just revoked. What it inevitably implied, had already become a matter of public discussion. It is of great importance to litigants, as well as judges, in this district, whether there be one or two district judges rightly aci- ing in the northern district The order now revoked, made by my colleague, is an avowal in most solemn form that he is the sole judge in this district and that any other judge claiming to be district judge is without authority. Of course, tine statutes confer jurisdiction on judges, and the recognition by one judge of an others power neither adds to nor takes from it. Each judge must act upon his own convictions of the law. Certeinly my colleague is under duty to follow his own