The Birmingham age-herald., 1908-01-22
Sterling Wood Special Referee
 In Bankruptcy
HUNDLEY ENTERS DEGREE
Announces In Court That Every Book of Company Must Be Produced or Someone Must An
 swer To Him.

last night finished his decree adjudging the Southern Steel company a bankrupt unler the second petition filed, setting asiie the first petition. This was done after long and careful consideration of the report filed by Special Master Sterling A. Wood. MT. Wood was also appointed as special referee in bankruptcy in this decree.
 Judge Hundley convened the federal court yesterday morning, and after or ganizing the juries and dsposing of a few other minor matters took up the Southern Steel bankruptcy case. After a few minutes further session he then took the matter under advisement and adjourn ed court until this morning at 10 o'clock.
 A feature of the hearing in the morn ing came up over the question of the books of the company. The supposition had been advanced that some of the books had been destroyed or hidden, which caused Judge Hundey to say that every book and paper of the company must be produced, or the person responsible would have to answer to him."
 A large number of attorneys were in the courtroom when this case was called, representing the various creditors receiv- CTS and the company. 0. R. Hood of Gadsden is counsel for the company, and when asked by Judge Hundley If the com pany objected to being adjudged a bank rupt said no. John w. Tomlinson, on the part of the creditors, stated that he had not had a chance to look over the report of Special Master Wood, but that his clients thought the company should be adjudged bankrupt. Attorney Powell also entered objection to few points, but not on the question of bankruptcy
 The decree is rather lengthy and re- cites the history of the case, explaining ceivers and the other facts in the case. It is as follows:
 Judge Hundley's Decree.
 In the District Court of the United States
 For the Northern District of Alabama
 No. 1917. In Re: Birmingham Coal and Iron company, ct als., petitioners, ys. Southern Steel company, respondent. In bankruptcy, Southern Division.
 No. 2S9. In Re: Birmingham Coal and Iron company, ct als., petitioners vs. Southern Steel company respondent. In bankruptcy. Eastern Division
 No. 79sO In Re: Dubose Brothers Iron company, ct als., petitioners, vs. Southern Steel company. respondent. In bankrupt cy, Southern Division.
 No. 240. Tn Re: Dubose Brothers Iron company, ct als. petitioners, vs. South ern Steel company, respondent. In bank ruptcy, Eastern Division.
 No. S1sS. In Re: Southern Cement com pany, ct als. petitioners. vs. Southern Steel company. respondent. In bankrupt ey, Southern Division.
 No. 25O. In Re: Southern Cement com pany, ct als., petitioners, vs. Southern Steel company, respondent. In bankrupt- cy, Eastern Division.
 Percy & Benners, attorneys for first petitIoning creditors.
 Ward & Rudolph, Lee J. Marx, Powell & Blackburn, A Leo Oberdorfer. attor- neys for second petitioning creditors.
 o. R. Hood, attorney for Southern Steel company.
 Campbell & Johnston and E. H. Dryer, attorneys for receivers.
 Hundley, District Judge. In order to get a proper consideration of the issues involved in the matters here presented to the court, brief statement of the facts and pleadi1gs connected with this matter should be here referred to.
 On the 24th day of October. 1907, a pe- tition in behalf Of certain creditors named therein was filed in this court praying that the Southtrn Steel company be ad- judged bankrupt These same creditors also filed at the same time a petition asking that Norris Adler and Edgar L.. Adler be. appointed receivers of the prop erty and estate of the sai1 steel com pany, which said petitions were duly presented to me at Huntsville, Ala, on the 25th day of October, 1907, at a. m. At the same lime there was presented to me at Huntsville petition of other cred- itors named therein seeking to have other receivers appointed for the property and estates of the Southern Steel company In that petition the said creditors averred that the frs petition was collusive one, between the creditors named therein and the bankrupt, and prayed the court that receivers slould be appointed who were disinterested and who did not bear friend ly and colusive interest with the bank rupt. At that time with one set of cred itors urging the appointment of Morris and Edgar Adler and another set of creditors averring collusive effort to se- cure the appointment of said receivers. the court was besieged with telegrams and telephone messages on both sides of the controversy of a bewildering and con- tradictory nature. It was represented tc the court that Edgar l.. Adler was man of practical experience in the man. agement of such properties as formed the estates of the Southern Steel com pany and it was further shown to the court that Morris Adler had no such nracticsl experience With such evidence at hand as the court could at that time gatheri in order to secure an impartial and intelligent management of the prop critics of the bankrupt, the court entered an order appointing said Edgar l.. Adler, who vas shown to have had some actual experence In such matters; E. G. Chaad- Ter. 8 man whom it was shown to the court to have had a large experience in the management of commissaries, with whicl the receivers would naturally have to deal in an extensive manner. The court also appointed as one of these re- ceiyers Joseph O. Thompson. man of fine character and business integrity. At that time Edgar L. Adler was totally un- known to the court, either personally or as to his capacity and fitness to dis charge the duties of receiver, and he was appointed at the suggestion of the cred itors and upon testimony bearing upon his fitness. The other two receivers, Chandler and Thompson, from long &C., quaintance were personally known by the conrt to be men of irreproachable char acter and unquestioned business integrity. After the presentation of the petitions as above referred to. the court after a patient and careful consideration, made appointment of the three receivers as above outlineG
 NoE In Harmony.
 On October 90 1907, the receivers, Chand- Ter and Thomps on, filed with this court a report in WI ting calling the attention of the court tp the fact that Edgar l.. A 11ar nn i,, harp vxrif them to the end that the best results ..,iuht ha olatained for tl,a hanadt of the