The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-29
OUTLINES
HIS OBJECTIONS
Says W. R. Farley Is An Off,
ciaI Receiver
HUNDLEYS PARTY RECORD
Appends Opinion of Senator Pettus
About Judge Hundey-says
Judges Abuse Power in
Appointing Receivers.
HUNDLEYS PARTY RECORD
To the Editor of The Age-Herald:

To the Editor of The Age-Herald:
Sundays Age-nerald contains a letter
from Hon. Frank P. O'Brien written in
the interest of Oscar r. Hundley, tho
confirmation of whose appointment as
United States judge of the Northern dis
trict of Alabama is now pending before
the United States Senate.
Captain O'Brien in his letter states in a
manly, straightforward way his rela-
tionship to Judge Hundley and his reasons
for writing the letter. He begins the LETT
ter by quoting telegram sent by me
to the President on March %, 1907, in
which ] stated that | had known Oscar
r. Hundley for 20 years: that he was am
bilious, energetic and capable; and that,
while 1 had Endorsed the application Of e.
D. Smith for the position, took pleasure
in testfying to Hundleys fitness and ca
pacity. The contents of the telegram are
correctly quoted by Captain OBrien.
When the additional judgeshp for the
Northern district of Alabama was created,
Judge Hundey was not my choice for the
position, nor do l know of any lawyer in
the district who originally requested the
appointment of Judge Hundley. Theirs
were numerous applicants for the position,
many of them admirably qualified to fill
it, but at the time I sent the telegram to
the President which Is quoted by Captain
O'Bren, the newspapers had stated that
the President had decided to appoint Os-
car r. Hundley as judge, and the candi-
dacy of all OF the other applicants for
the position, so far as l informed.
had been abandoned.
At Hundley's Request.
While there were a number of lawyers
in the Birmingham district desiring the
appointment to this iudgeship whose ap-
pointment l should have preferred to the
appointment of Judge Hundley. it had
apparently become certain that the Presi-
dent was going to appoint Judge Hundley,
l willingly sent, at Judge Hundleys re-
quest, the telegram quoted by Captain
O'Bren. 4 had known oscar Hundley at
that time for number of years. 1 knew
nothing of him professionally except that
he was the counsel at Huntsville for the
Nashville and Chattanooga Railroad COM
pany. Our acquaintanceship had been Of
character. had never seen Hundley try
a case; knew practically nothing of his
standing, either personal or professional.
in his home town, but on the many occa-
slons had been thrown with him. he had
impressed me as being ambitious, ener-
getic and mentally alert. He had told
me that it was the ambition of his life
to be appointed United States judge, and
/ believe that he had enough intelligence.
snap and industry to perform the duties of
the office efficiently and satisfactorily.
When Oscar r. Hundley was appointed
as judge of the United States court for
the Northern district of Alabama, here had
my cordial good wishes and l believe the
cordial good wishes of practically all the
lawyers of Birmingham. It being true, as
Captain OBrien has pointed out, that in
March, 1907, l regarded Judge Hundley's
appointment with favor, the readers Of his
letter will naturally inquire what good
reason is now given by men and by the
other lawyers of the Northern district OPP
posing Judge Hundley's confirmation for
the change in our attitude.
Must Present Reasons.
over 20 months have elapsed since Judge
Hundley's appointment. During that time
he has transacted much business as Judge
of the Northern district. The lawyers
who Endorsed him then, myself included,
have right to oppose him now, but il
we expect our present opposition to his
confirmation to carry any weight, it is
manifest that in Judge Hundley's conduct
on the bench must be found reasons good
and sufficient to justify the radical change
in our position. Capricious, selfish objec-
tons to Judge Hundley's confirmation now
made by lawyers who formerly Endorsed
or acquiesced in his appointment should
be promptly rejected by the President. the
United States Senate and the people of
the state of Alabama. THE reasons which
1 with other lawyers have for believing
Judge Hundley's confirmation detrimental
to the public good must be addressed to
the President and the United States Sem
ate, and cannot be settled by any newspa-
per discussion but, as Captain O'Bren
has shown that l once favored Judge
Hundey, and, as one would naturally in
fer from his letter that my present oppo-
sition to Judge Hundley Is due to per-
sonal grievances arising out of his APP
pointment of the receivers of the South
ern Steel company. it seems proper that
1 should state frankly and fully why 1
now deem Judge Hundley an undesira-
BILE person to be confirmed in the position
for which 1 once recommended him. 1
have no personal grievances against
Judge Hundley. Our personal acquaint-
anceship has always been pleasant. He
has never either in court or out, met me
except with courtesy. 1 hoped and be-
lieved that Judge Hundley would make
good. 1t is with genuine pain and regret