The Birmingham age-herald., 1908-12-27

reported Judge Hundley's nomination fa- Vorably to the Senate, and this report is now upon the Senate calendar for action. This vindication on three different oc- casions by this great committee of the United States Senate answers Judge Hundley's opponents with far more po- tency than anything I could possibly say.
 During the investigation before the sub- committee everyone desiring to be heard against Judge Hundley were accorded ample opportunity to present their griev- ances. Among those availing themselves of this opportunity were MT. o. R. Hood of Gadsden, MT. Morris Adler of this city and MT. Augustus Benners of the firm of Percy & Benners. MT. Benners testified before the committee at great length and it is but simple justice, not only to Judge Hundley, but to the re- ceivers appointed by him in the Southern Steel case, for me to say that MT. Ben ners made the following statement:
 'I do not understand that the receivers have done anything to be condemned for. If my testimony created any such impress sion or if anybody elses testimony has , created any such impression I think it should be corrected" Since the public meeting and the pub lication of the communication from the six Birmingham lawyers, a new charge
  opponents, to-wit: That for some ulterior motive and a desire to keep the appoint ment of receivers in bankruptcy under his personal control, he directed the ref erees in bankruptcy not to make appoint ment of any receivers without his con sent The charge that he gave this order to the referees is undoubtedly true, but the inference sought to be promulgated therefrom is not only unfair and unjust, but untrue A mere statement of the facts will convince any fair-minded man that instead of Judge Hundley's conduct in relation thereto being a matter for cen sure, his conduct was in the highest de- gree for the benefit alone of the public welfare and received the commendation of the public generally and many mem- bers of the bar, including Walker Percy, Esq. The facts are these:
 On October 31, 1907, Judge Hundley re- ceived the following telegram while at Huntsville from Walker Percy, Esq, which is as follows:
 Telegram.
 Birmingham, Ala, October S1. Judge Oscar R. Hundley, Huntsville, U.
 s. Court:
 The pay rolls of industrial companies in this district aggregating millions of dollars monthly are made up as follows: The corporation deposits with local banks, checks on foreign banks all over the Uni ted States which are treated as currency, and currency is furnished against them and put up for local pay rolls. The local industrial corporations were never stronger than they are today, but the local banks canr ot furnish money against balances in other states. This will ne- cesstate postponing the pay rolls for all the industrial companies in this district. I do not apprehend that any one would seek to complicate so serious situation to the entire community, brought about by our inability to procure any cash bal ances due from the strongest financial in- stitutions by instituting bankruptcy pro- ceedings Please understand however, that should such proceedings be instituted the granting of temporary receiverships or similar action, without full hearing, would be most disastrous to the public in- terests. WALKER PERCY.
 On receipt of this telegram Judge Hund- ley wired the press of Birmingham a statement which was published therein, as follows:
 From the Age-Heraid, November 2 1907) Judge Oscar R. Hundley of the United States court, who is now in Huntsville, telegraphed The Age-Herald yesterday afternoon as follows:
 "Reliable information comes to me that ewing to the financial stringency and the methods employed by the banks of Bir- mingham to relieve the financial situation many corporations and individuals may probably be unable, temporarily, to meet their obligations
 Further information comes to me from reliable sources that there is probability or account of this situation that petitions for involuntary bankruptcy will be filed .n my court, requesting the appointment of receivers in bankruptcy.
 "I deem it not improper for me at this critical moment to assure the public that no application for receivers in bankruptcy will be granted by me until after due and timely notice to all parties in interest and after @ patient hearing and convinc- ing proof that the appointment of such receivers will best conserve all interests.
 (Signed) OSCAR R. HUNDLEY,
 Limited States District Judge"
 The following editorial comment on the foregoing telegram appears in the same issue as follows:
 Timely Notice.
 'eJJnited States Judge Oscar R. Hundley, in assuring the public of Birmingham that he will entertain no application for receiv- CTS fin bankruptcy until after due mo- tice to parties in interest, and after a patient hearing and convincing proof that the appointment of such receiver will con- serve all interests" will be generally commended.
 His position in this matter is opportune
 CONTINUED ON FAGn s.,