The Montgomery advertiser., 1908-06-09
HUNDLEY SETS
 ASIDE ORDER Two Alabama Judges in
 a Clash. IA (. BIRCH IS NOT WAIVED N L. Steele to Attend to Bankruptcy
 Matters. Conflict of Authority Cases In Court For the Northern District over
 Appointment of Attaches.
4. (. BIRCH IS NOT WANTED

tition being filed by Nenian L. Steele, appointed referee in Bankruptcy some months ago. Judge Hundiey of the United States Court today in open
 court annulied and revoked the order
 made recently by Judge Thomas C.
 Jones. appointing Alex C. Birch 8 ref cree in bankruptcy In the court in the Northern District of Alabama. Judge Hundley ordered the clerk to refer all matters in bankruptcy to
 Referee Steele except when he, the
 Judge. was directly on the bench and special directions are given. Judge Hundley gave out lengthy
 oral decision on the matter. It Is ex- pected that Judge Jones will answer.
 This is the second time that the two
 judges have appointed referees. both having removed the others appointee.
 Judge Hundley is recess appoint
 ment of President Roosevelt. the sen-
 ate failing to confirm his appointment
 before adjourning recently
 OpiniOn 0f HundIey. Judge Hundley among other things
 said in handing down his opinion as
 to Referee Birch appointed by Judge Jones:
 with the exception of short ex- change with Judge Sheppard, of Flor
 ida. have been almost continuously
 upon the bench in this district since HRpQinITncHB ana, -QuAlluCdliOA Ou the 10th day of April, 1907.
 Judge Jones has not held court q single day in this district during that time nor has he tried single case.
 His only presence in the district was to order the removal of Nenian l.. Steele, Esq, a referee in bankruptcy, appointed by me as set forth above and to make the appointment of Alex C.. Birch as referee and have the or-
 ders entered complained of in this pe- tition.
 @on assuming the duties of my ofEice found the dockets of every division of my district greatly crowded, and
 save in the southern division have
 by persistent work succeeded in prac- I tically catching up with the business of the court In all It's branches.
 Tt 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 knowl- edge or consent, orders made by me with reference to the disposition of
 the bushes in bankruptcy as may suit
 his pleasure. then the public business will be seriously disturbed; and can | not and will not sit idly by and permit
 such things to be done when in due
 form attention is directed thereto. This is a sworn petition filed in | this court by Nenian l.. Steele, a ref cree in bankruptcy heretofore appoint ed by this court, calling attention to the fact that the clerk of this court I Is proceeding or is about to proceed to refer one-half of the cases in bank ruptcy filed in this court to Alex c.
 Birch. under and by virtue of what
 pufports to be an order of this court | appointing said Birch a referee in | ! L. nd ~1a f,f this court to make such reference to | said Birch.
 Cause for Embarrassment. "The fact that such a purported or
 der, or orders, were made by Hon.
 Thomas c. Jones, United States Dis-
 trict Judge. claiming to be a judge of | this court necessarily surrounds the
 questions presented with some embar-
 rassment not generally arising in courts of justice. called upon to mod | fly revise or reverse the decisions of
 other judges or courts. More espe- cially Is this the case when the matter
 has reference to an officer of a court | for whose conduct the judge is at least morally responsible.
 "However this may be, the Constitu- tion and laws of the United States l necessarily place the responsibility to act upon all judges to whom parties | feeling aggrieved have a right by law | to apply. I cannot under my oath of | office decline to assume the responsi- biIity which the law places upon me.
 I cannot delegate my Jurisdiction to any other judge. I cannot. with due ] respect to the office which I hold, de- cline to act when 1t is my duty to act;
 nor can I yield this duty to others. however eminent they may be.
 "The law defines my Jurisdiction; the
 law defines my right and authority; and | the law alone shall be the beacon to
 guide my footsteps in seeking right l fuIy to determine this matter. No consequence personal to myself. either 1 of public or private criticism, shall
 swerve me from my line of duty in this or in any other matter.
 The petition filed by Mir. Steele shows that the appointment of Alex | c Birch was not recorded in the clerks of5ce as required by law as the time of filing was left off the paper; that inc appointment was shown to have been made May 30. when 1t was made l June i; that Judge Jones, In making l the appointment, did not confer with | Iudge Hundley: that there is only one | court of bankruptcy for the Northern l Districf of Alabama and that Alex c. Birch was not appointed by said court
 The petitioner prays that the court | {ssue an order setting aside the order of appointment of MT. Birch, which
 was done.
 In Montgomery yesterday Juase Jones declined to discuss the order or
 Judge Hundley.
 TRY TO SETTLE STRIKE.