The Montgomery advertiser., 1907-11-10
STEELE FILES MOTION.
Astss Judge Hundiey to Set Aside Judge
 .TaBem'a Order.


 Birmingham, Nov. 9-(Speciale--T clash between Federal judges, Thomas c. Jones and Oscar R. Hundley. which has so far resulted In the oustingk or N. L. Steele. referee in bankruptcy from office by Judge Jones has another sensational development. according 10 attenuation given out today.
 Wednesday, Mir. Steele, through his attorney, Sterling A. Wood, filed petition before Judge Hundley, at Huntsville, asking that the order of Judge Jones annulling his appointment be set aside on the grounds sthat 1t was improvidently made.
 The next move will be coming to Judge Jones and just what it will be cannot be foretold It is probable that the appointment and removal of Referee Steele by the two judges will become R daily occurrence.
 MT SteePs motion was as follows
 And now comes into open court said Nenian L. Steele, one of the referees of said court. by his attorney and shows to the court:
 ssF'irst-That he was, on to-wit, the first day ot November, 1907, duly and regularly appointed referee in bank ruptcy for certain counties of the HoiIthern division of the northern dis { trict of Alabama, by the court of bank ruptcy, then sitting and holding in and for the said district, the Hon. Oscar R Hundley, district judge of the Northern district of Alabama presiding, under and by virtue of the said act Of Con xress relating to bankruptcy. A true copy of the said order of appointment is hereto attached, marked exhibit one' nnd made a part thereof.
 ssSecond--That he duly qualified as such referee on, to-wit, November 4. 1907, by taking the oath of office and giving bond. as provided in the said act of Congress relating to bankruptcy, and entered upon the discharge of the duties of said office. True copies of the said oath of office and of said bond are hereto attached, marked exhibits No. g and 8, and made part thereon.
 ssThird--That at the time of his ap- pointment and qualification he vas Tn all respects competent and qualified to discharge the duties of the said olIlce' as prescribed in the said act or con rress relating to bankruptcy.
 ssFourth-AThat at the time of his said anuoinYanent by the said court Of bank ruptcy, the said district judge presid- ing thereat, and making the order or appointment as such court Of bank r,ptcy was the only and sole judge on the said cour, then within or sitting Tn fha said northern district of Alabama. and he was in all respects amply and fully empowered. as such court Of bank runtcy to make and order the said ap- pointment under the said act or Con- gress relating to bankruptcy.
 Fifth-That at the time of the mak- ing of the said order of appointment or, to-wit November 1. 1907 the only other district judge of the United States then entitled b appointment or reslg- nation to sit in the said northern dis trfct of Alabama was the Hon. Thonas c. Jones. but that he at the said time was not within the said northern dls- xf 1oh a home and residence at the city of Mont Romery and state of Alabama, the same being within the middleI district of Ala banaa, of which district he is and wa' the sole and only resident judge, and IT which district he was then sitting said Montgomery as district judge O. the said middle district of Alabama.
 ASixth-That on to-wit the 5th day If November, 1907 the said Hon Thomas G. Jones came from his sal' place Of residence at said city or Mont gomery to said city of Birmingham. an' ex nero motu. and without knoWIedg' or notice of any kind or character t' petitioner, made and entered an alleged order removing your petitioner iron said office of referee. true and cor rect copy of which order is hereto at tached, marked exhibit No. 1, and mad' a part hereof.
  Thomas G. Jones, was tmproVident! made and is of no force or effect in tha the said original order of appointment SO made on said November 1st. 1907 was an order lawfully and regularl' made and could not be set aside O vacated as was so attempted to be done and in that at the said time the sai' Hon. oscar R. Hundley was then sittinl and holding court as the court of bank ruptcy for the said Northern distrlc of Alabama, and did not sanction no participate in. or have any knowledg of the making of the said order; ant in that the said alleged order of tn said Hon. Thomas G. Jones attempte' to set aside and vacate an order of court of coordinate power. an' authority and jurisdiction, and of equa force and dignity, and in that the sai' Hon. Thomas G. Jones came to an' within the said Northern district O Alabama for the sole purpose of makinl the said order and having made tn same. has returned to his home ant residence, the said Montgomery, Ala bama, within the said Middle Distric of Alabama. was the only visit tha he has made to the said Northern dis