The Birmingham age-herald., 1907-11-10
Judge HundIey's Opinion.

November 9, 1907.
 In the district court of the United States for the southern division of the northern district of Alabama.
 In re Nenian L. Steele, referee. In bankruptcy.
 Motion to set aside improvident order removing a referee.
 Sterling A. Wood, attorney for peti- tioner.
 Hundley, District Judge:
 This is an application made to me by Nenian l.. Steele, having been duly filed and presented on the 9th day of Novem- Der, 1907, asking an order of this court setting aside an order made by Judge Thomas G. Jones on the 5th day of No- vember, 1907, as having been improvident ly made. The facts stated in the motion and duly sworn to are as follows:
 q. That on the 1st day of November. 1907. this court. sitting in bankruptcy, by its order entered upon it's minutes. and commission duly signed ap- pointed this petitioner a referee in bankruptcy for certain counties of the Southern division of the Northe ern dis trict of Alabama.
 "2. This petitioner duly qualified as such referee on the 4th day of Novem- Der, 1907 by taking the oath of office and giving bond as provided by law
 
 duties of his office and is now Fexercis- ing the same.
 .3. That the petitioner at the time of his appointment and qualification was in all respects qualified and com petent to discharge the duties of referee.
 A. That at the time of petitioners appointment by this court, sitting in bankruptcy, the district judge presid- i,,pr nd rho cai1 70 appointment, was the only and sole judge of this court then within or sit ting in the Northern district of Ala bama.
 "5. That at the time of the making of the order of appointment on Novem- Der 1, 1907, the only other district judge of the United States at that time alleged to be entitled by appoint ment or designation to sit in the Northern district of Alabama, was the Hon. Thomas G. Jones, who at the time of said appointment was not in the said Northern district of Alabama at all. but was at his home and residence in the city of Montgomery, in the Mid dle district of Alabama. in which dis trict he is and was the sole and only resident judge, and was then sitting at Montgomery as the district judge of the Middle district of Alabama.
 Jones' Deliberate Plans.
 .'6. On the 9th day of November, 13O7 the said Hon. Tn homas G. Jones came from his place of residence in the city of Montgomery to the city of Birming- ham, in the said Northern district of Alabama, and entered an alleged order removing the petitioner from his said office of referee. This order was made ex nero motu, without notice to. and in the absence of this petitioner. 2
 '7. That, at the time the said alleged order of removal was made by said Hon. Thomas G. Jones, the judge of this court was then sitting and hold ing court for the said Northern dis trict of Alabama, and did not sanc- tion nor participate in, nor have knowledge of the making of said or der. That the said Hon. Thomas G. Jones came within the said Northern district of Alabama for the sole and only purpose of making said order. and having made the same, returned to his home and residence in Montgomery in the Middle district of Alabama. and that said visit of the said Hon. Thomas c. Jones was the only visit he has made to the said Nortbern district of Ala bama since the appointment and quail ification of the judge of this court
 have given careful consideration to the lengthy opinion of the judge on
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