The Montgomery advertiser., 1908-10-06

is Republican and they want a Dem ocrat in his place. although his back CTS and beneficiaries during the period of his acting jud ship have done their utmost 10 make 1t appear that they have. It would be the same fight if another man d smith. Jones. Brown or Thompson we're the acting judge.
 Two other United States Judges were nominated during the last ses- sion of Congress, which are being op- posed by the Senators from the States of Ohio and Minnesota. There are no charges of unfitness against those nom- inees. the opposition to their confirms- tion being on account of the. failure of the President to consult the Sena- tors or anybody else. arfd, this Is a row entirely Inside of the Republican ranks. But it tends to complicate things for Hundley. who is violently opposed by the Democratic Senators. with the ex- ception of three-the two Alabama Senators and Clarke of Arkansas.
 Senators Were Tolerant.
 Hundley's nomination was permitted to be reported to the Senate merely to hang up there, and one of the Demo- cratic members of the Judiciary Com mittee concurred in the report. with out recommendation knowing that 1t would hang up. and that it could not possibly be confirmed. Two of the Republican on the committee con. sented to the same arrangement. re- serving the right to oppose 1t on the floor. Another Republican was absent who Is unalterably opposed to confirm ation Had all the members of the committee been present when this &C., tion was taken and had the issue been drawn. majority would have voted for the rejection of-Hundley.
 Dn6 Aa.1 writer from letting loose and putting into print all the things that could be related in reference to this case. It has been talked Of so much here that even matters that are regarded ,as executive business have leaked out. Names could be given of some promi- nent Republican Senators who are not members of the Judiciary Committee who will exhaust every means to pre- vent the confirmation of iHundley. If they were not so opposed to hIm. he might have been confirmed months ago. for the heaviest sort of pressure was brought to bear upon the Jud ciary Committee in his behalf. If the slight est move was made In executive ses- sion to take up the nomination. e. publicans promptly moved that it. be passed over, and the Democrats did not have to lift a finger.
 Although Senator Bankhead and Johnston are supposed to favor con- frmation they could not make any move in the matter. Bankhead is not a lawyer and therefore could not be on the Judiciary Committee even if he had been couple of terms in the Senate.
 The late Senators Morgan and Pet tus were eminent lawyers. and Gen. eral Pettus at the time of his. death was the ranking Democratic member of the Judiciary Committee. When 4nFnnnen6 rf1 nt torney Senator Pettus wrote a report favoring his rejection, and it was in- dorsed by majority of the sub-c mittee to whom the case was re- ferred.
 If copies of that report, which was a "scorcher" were printed, and the understanding is that quite a number found their way to Alabama for the quiet perusal of lawyers who have an Interest in securing a competent man | for judge of the district. it would open i the eyes of some men who have sup ported HundIey.
 If Senators Morgan and Pettus were | alive today there would be no occa- i sion for writing anything about Oscar R. Hundley. He would simply he of | he bench, for the matter would have | ended long ago.
 May Withdraw Endorsement.
 Word reaches Washington that many |
  on. Huntsville and other cities in | Worth Alabama who indoxsed Hundley lave animated that they are willing [ Q withdraw their indorsementa They I lre reported to be sick of the whole business and anxious that some one hould be appointed against whom there would be no further uncertainty.
 When Senator Knox was Attorney | General he as violently opposed Hund- ey for district attorney as have the Democratic Representatives from Ala anna, and number of lawyers (nlost- y Republlcans) who were summoned 0 Washington to testify during the of the charges filed Lgainst him before the Judiciary Com nittee have taken the same stand. Congressman Underwood, who repre- ents the Birmingham district, has not mixed up in this contest in any way, hough the Hundleyites have tried to make the people believe that he has cen very anxious that the acting judge hould 'be confirmed. Mir. Underwood as plenty of sense,s and he knows what a red, hot poker is when he sees l. Representative Taylor, away down n the other end of the State, has also