The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-30
Southern Steel Matter.

made by him.
Southern Steel Matter.
Practically his whole statement with
regard to the appointment of the reeeiv-
ers for the Southern Steel company is but
repetition of the statements made before
the committee on judiciary at Washington
at lifetime all the charges against Judge
Hundley were heard. The receivers for
the Southern Steel company wound up
their receivership about one year ago, and
were discharged and their conduct of the
estate was unanimously commended by
resolution at the creditors meeting and
trustees were elected by the creditors
neither of the Adlers being named as
trustee. The selection of these trustees
by the creditors was in line with the
action of Judge Hundley in the selection
of receivers-only one of those trustees
being an iron man and the other two
being business men. The two business
men elected by the creditors as trustees
had no more experience in the manage
ment of such properties than Messrs.
Thompson and Chandler. Judge Humid
ley's orders and DEGREES in relation to
this matter are matters of public record.
Against these orders and DEGREES no ap-
peal has been taken to a higher court
which has a right to review these or
ders and DEGREES. Thus, failing to request
a review of Judge Hundley's action by a
court of competent jurisdiction, the firm
of Percy & Benners selected forum be-
fore which to present their grievances,
to-wit, the committee on the judiciary of
the United States Senate. Before that
forum Mr.. Augustus Benners and the
other witnesses present, were heard pa
tiently and at length, and the issues
were decided against them by this forum
of their own choosing. Nothing | could
say would be so positive an answer as
the verdict of that forum.
Steele Not Appointed "Sole Receiver"
Mr.. Percy is in error in stating that
Judge Hundley undertook to appoint N. L.
Steele sole referee in bankruptcy at
Birmingham. The fact is, that at the
time Judge Hundley appointed Mr.. Steele
there were two other referees in bank
ruptcy in this division, to-wit, Alex c.
Erich and N. w. Trimble neither of
whom were removed by him, and on the
ninth day of November, 1907, Judge Humid
ley had an order entered, directing the
clerk to continue the reference of bnak-
ruptcy cases in equal proportion among
the several referees in this division. l
get this formation from the records of
the court. Judge Hundley's right and
authority to appoint Mr.. Steele a referee
in bankruptcy has been fully sustained
by the court of appeals in the case of
Birch VS.. Steele in which Mr.. Birch s
petition for review was dismissed by that
court.
Farley Not "Official Receiver"
Lawyers inform me that there is no such
office know to the bankruptcy law as
Official receiver" and the strained eff
fort to convey the impression that Judge
Hundley appointed w. r. Farley, or
any one else, as such receiver cannot be
sus tanned as matter of fact or by the rec
ords of the court. 1t is true, that onDe-
cember A. 1907, more than a year ago,
Judge Hundley appointed Mr.. Farley re-
celver in the MCVay bankruptcy case,
and this is the only instance in which
he ever appointed him to any position, or
suggested his appointment in any manner,
or to any one That appointment was
made without solicitation and without the
knowledge of Mr.. Farley, but on SUCCESS
ton to the Judge by some parties in
interest in the bankrupt estate. The wis
dom of that appointment and Mr.. Fair
ley's capacity to manage that estate is
sufficiently shown by his final report as
receiver. AS to whether or not Mr.. f air.
Ley was a competent man for receiver,
1 direct attention to the fact, that among
the IL cases referred to by Mr.. Percy Mr..
Farley was suggested for receiver in a
majority of these cases by attorneys rep
resenting creditors; in two of these cases
he was suggested by the law firm of
Frank S. White & Sons, one of these
being the Broda Brothers case to which
Mr.. Percy refers. In the petition of the
creditors, through this firm, the following
language occurs
And petitioners aver that w. r. Fair
ley would be a competent and suitable
person to be appointed such receiver.
"GOODALL, BROWN & co,
by r. A. PORTER.
RAMSEY & MCCORMACK,
FRANK S. WHITE, JR.,
Attorney
In that same case Stallings e. Dren-
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