The Montgomery advertiser., 1907-11-06
Montgomery yJurist Takes
 the Bench. REMOVES N. L. STEELE
 FROM HIS NEW OFFICE Declares That Huntsville Man is
 Only ''Associate." clash Between the Federal Judges is Imminent and a Sensation |.
 Caused when the Court
 is Opened in Bir- naingham.

eA@SH pctWeen ceueFat JuogeS in Ala bama is imminent. Judge Thomas c, Jones of Montgomery caused a sensa- ton in the Federal building today by suddenly appearing and opening court although he has not been in Birminxz ham in several months.
 Judge Jones contends that as Iae was appointed Judge of the Northern and Middle District of Alabama, Judge os- car R. Hundley is simply an associate Judge.
 Judge Hundley on the other hand. contends that as he was appointed Judge Of the Northern Alabama Dis trict Judge Jones has no further an- thortty In this end of the State.
 The clash in authority was precipi tated when Judge Hundley appointed Assistant District Attorney N. IL Steele Heierec fs. cree in Bankruptcy to succeed N w. Trtmble and Alex c. Birch. the iaf- ter being, appointees of Judge Jonnx. Judge Hqndiey is at present hoidinw court in Huntsville.
 Judge Jones in q formal order todav removed Mir. Steele from office. whiai puts the issue squareiy up to yaaga Hundley.
 The law by which Judge Hund,ev.a position was created is said 10 be some what ambiguous and it may be mecca sary to have an Interpretation bv tlln supreme Court before the matter has been adjusted.
 Judge uones speaks.
 Judge Jones after reading the order read the following remarks from the
 The occasion demands I say some thing regarding the order just re- voked. What Is inevitably implied has already become a matter Of public dis cussion. # is of great ifnporfanca fd Httgants as we'll ns judges in tltfs plN trlct, whether there be one or twn gistrict Judges rightly acting ln the Northern District.
 The order now revoked, made by my colleague. Is an avowal in most solemn form that he Is the sole JudRa lu this District and that any other Judge claiming to be District Judge. fa without authority. Of course, the stat ntes confer jurisdiction on Judges ana the recognition by one Judge of m others power neither adds to nor takes rom 1t. Each Judge must act upon ms own convictions of the law. Cer- Lainly my colleague is under duty &o follow his own convictions, tust as ! am mine. No fault can be found with either in this respect. l do regret. however. the failure of my repeated enorts to have the difference of onin- Ion. whether my colleague was the sole Judge in this District. settled by friendly test case in q way less em- harrassing to the Judges, the public and litigants.
 The difference. however. Is a purely Iegal one as to the construction iof q statute. It is in no sense perxonai Tf. does not arise from any difference as 70 individuals, or the share of power such as judge should exert in illIinN tne appointments which fall to the court in this District I would never pc unmindful of the right of a coi- In aan1 1Hs dinerence pure and simple.
 T have no doubt whatever. that hav- Ing been appointed. confirmed and coui- missloned as Judge of the Northern and Middle Districts. 1t is my duty un- der existing statutes to exercise such authority in the Northern District.
 Summary of Heasons.
 "A summary of the reasons for this determination seems quite pertinent under the circumstances:
 Under the laws of the United States District Courts of the United states are constituted courts of bankruutcv Tor each district Tn the language of The statute, courts of hankruptcv. snali within the territorial limits of diction appoint referees Tn confid- Ina the appointments to the court in- stead Of the judges, the statute only follows the constitution. which author- izes Congress to vest the power Of appointment of certain officers in the courts of laws
 The power and authority are given to the court and not to the judEee.
 Where there are more district judges than one in a district, which Is Frequently the case. the majority If the judges constitute the court ana they alone have authority to sneak for the court in the matter of the ap- pointment of permanent officer of the court--though, when one fudge fs absent and nothing Is said in the min utes as to the wishes of the other ff Is legally presumed that the order speak the will of both.
 'One judge cannot order an appofn4 ment unless he is the sole fudge in inc district If there be another judge as is the case here. where both are of equal authority and dignity, and neither judge Is an associate judge one judge cannot without the consent of the other judge properly make an to which his colleague objects and thus. in a collateral way attack the authority of his colleague.
 'rhe fudge whose Jurisdiction is thus attacked must by silence and fnaction waive or abandon his Jurisdiction fr the district or defend it. and it seems to me the most proper way to deal with the revoked order is to pursue the course which as been taken.''
 Judge Jones told of getting opinions of others on the matter and finally asked that a friendly test case should be started.
 The matter has created much inter- est ae other annointments by Judge Hundlev are said to have been intend