The Birmingham age-herald., 1908-06-09

trict. presents a strange and anomar us situation, as is shown by the recorls of this court and by ths decision and cp.E- ion of the learned judge himself. In the first day of Nofe.nner 1907, I ap- pointed Nenian l.. Steele, Esquire, re- fierce in bankruptcy for the southern division of the Northern district of Ala bama, and on the fifth day of Novem- Der, 1907, Judge Thomas U. Jones lad an order entered removing sail Steele and rcvoking and annulling the former order made by me appointinE hlm. At the time this orlc. of rem oval and re- vocation was made, tde learned juce Q handed down an 1pini lr. in Nfich he said
 Where there are more district judges than one in district, which is frequently the case. the majority of the judges con- stitute the court, and they alone have authority to speak for the court in the matter of the appointment of perma- nent officer of the court-though, when ono judge is absent and nothing is said in the minutes as to the wishes of the other, it is legally presumed that the order speak the will of both
 "One judge cannot make an appoint ment unless he is the sole judge of the district If there be another judge, as is the case here. where both are of equal
  is an associate judge-one judge cannot. without the consent of the other judge, properly make an appointment to which his colleague objects and thus. in a collateral way, attack the authority of lis colleague.
 "The judge whose jurisdiction is thus attacked must by silence and inaction waive or abandon his jurisdiction in t.c district or defend it. and it seems to me tn revoked order is to pur/de toe course which nas been taken"
 Applying the Law.
 Applying the law-in this particular case and only in so far as this particular case Is concerned-as thus promulgated and established by the learned judge nim- self. and pursuing the rule of conduct in voke1 and pursued in his own behalf, l shall act upoa this petition and annnl and revoke the order heretofore made by the learned judge, appointing Alex C. Birch referee in bankruptcy In this court.
 | shall further adopt the rule of con duct of the learned judge stated In that same opinion, follows:
 Each judge must act upon his own convictions of the law Certainly my col league is under duty to follow his own convictions. just as l am mine. No fault can be found with either in this respect.
 With the exception of short exchange with Judge Sheppard of Florida, l have been almost continuously upon the bencn in this district since my appointment and qualification on the 10th day of April 1907 Judge Jones has not held court a single day in this district during that time nor has he tried a single case His only presence in the district was to order the removal of Nenian l.. Steele Esq, asreferee in bankruptcy appointed by me. as set forth above, and to make the ap- pontment himself of Alex c. Birch as referee. and have the orders entered com plained of in this petition. On assuming the duties of my office found the doekets of every division of my district greatly crowded and, save m the southern dvis- ion l have, by persistent work, succeeded in practically catching up with the busi- ness of the court and it's branches. It Is absolutely necessary for the orderly and speedy transaction of the business of my court that the orders made by me shall remain as made. If the learned judge can come within the district and change, without my knowledge or consent, orders made by me with reference to the disposi- ton of the business in bankruptcy, as may suit his pleasure, then the public business will be seriously disturbed; and l cannot and will not sit idly by and permit such things to be done, when in due form my attention is directed thereto.
 have not the time at this time to pre-