The Birmingham age-herald., 1907-11-06
JOHN SHARP KILLED
 WHILE ON ENGINE
STRING OF CARS CRASHES INTO CAB WITHOUT WARNING AND MAN WAS UNABLE TO SAVE HIMSELF BY JUMPING.

John Sharp. an engine dispatcher for the Louisville and Nashville railroad was almost instantly killed in the yards at Boyles yesterday morning about 43O o'clock while at the post of duty in his engine cab. He survived only a few min utes after receiving injuries all over the body
 Mir. Sharp, it seems, was bringing the locomotive to the city when it was side swiped by a cut of flat cars that had been turned loose on a nearby track to make flying switch The cars crashed into the cab of the engine, and before the engineer had time to jump he was pinoned between the cars and the en- zine boiler and crushed to death.
 The right arm was broken, and one of his legs was broken in two places, once just above the knee and again higher up. The breast bone was mashed in and the chest was badly lacerated. There were slight wounds all over the body. It is believed that death was almost in- stantaneous. When assistance arrived the man was dead.
 MT. Sharp had been in the employ of the Louisville and Nashville railroad for about four years. He is survived by widow and a little daughter 3 years old. He was well known in local railroad circles and was a member of several lodges.
 After the accident yesterday the re- mains were removed to the undertaking establishment of Shaw x Son, where the body was prepared for burial. The funeral arrangements have not been announced. I do regret, however. the failure of my repeated efforts to have the difference of opinion whether my colleague was the sole judge in this district. settled by friendly test case in a way less embarrassing to the judges, the public, and litigants. The difference. however is a purely legal one as to the construction of statute. It Is in no sense personal. It does not arse from any difference as to individuals, or the share of power each judge should eX- ert in filling the appointments which fall to the court in this district. l would never be unmindful of the right of a col league in such matter. It is a legal diff ference, pure and simple.
 Having no doubt whatever that, having been appointed confirmed and commis- stoned as judge of the Northern and Middle districts il is my duty under eX- isting statutes to exercise such authority in the Northern district. A summary of the reasons this determinations seems quite pertinent under the~circumstances.
 Summary of Reasons.
 Under the laws of the United States. district courts of the United States are constituted courts of bankruptcy for each district. In the language of the statute, courts of bankruptcy shall, within the territorial limits of which they respec- lively have jurisdiction, appoint referees In confiding the appointments to the court instead of the judges. the statute only follows the constitution, which authorizes Congress to vest the power of appoint ment of certain officers in the courts of law. The power and authority are given to the court. and not to the judges.
 Where there are more district judges than one in a district, which is frequently the case. the majority of the judges con stitute the court, and they alone have au- thority to speak for the court in the mat ter of the appointment of a permanent officer of the court-though when one judge is absent, and nothing is said in the minutes to the wishes of the other, it