The Montgomery advertiser., 1908-12-04
Text of Decision
 Ln Birch US. Steele

The full text of the United States Circuit Court of Appeals opinion in the now notable case of Alexander c. Birch. petitioner, vs. N L. Steele, respondent. involving the referee in bankruptcy of the Northern District of Alabama. ar- rived in Montgomery yesterday from New Orleans It is printed herewith
 No. 1869.
 "In the United States Circuit Court of
 Appeals. Fifth Circuit.
 Alexander c. Birch, Petitioner, vs. N.
 L. Steele. Respondent.
 "Petition to superintend and revise,
 from the District Court of the
 United States for the Northern Dis
 trict of Alabama.
 "0pinion of the Court.
 "Before Pardee and Shelby, Circuit Judgts. and Burns. District Judge.
 Shelby, Circuit Judge. delivered tho opinion of the court. ,.
 "A great many questions are direct W or Indirectly raised by the alleSa- ticns of the petition. and the arguments of counsel, oral and written. but they can all so far as they are material. De disposed of by the decision or three
 .1Il Is the statute making the Judge of the Middle District also Judge of tue Northern District still in force; (21 Does the bankruptcy net or 1S9N reduira the concurrent action of both tie judges to make valid orders ap. pointing and removing referees: and (S1 On the facts stated In the nceItian, should this court superintend and re- wise the action of the court of bankrupt cy in the appointment and removal f
 ai. By the act of August I. isis. Alabama was divided into thrss oiss Northern Districts, R. s. U. S., page S32. The statutes at first allowed the appointment Of only "one district judge, who shall he district judge for state" Ibid. page 652 This condition continued until August 2, 1886, when an act was passed for the appointment of a district judge for the Southern jurisdiction Of the present district judge for the several districts of AIa- hama and his successors shall here- after be confined to the Northern and Stat. 3l3. Prior to the passage of this act the Alabama district judges juris- 4tction had extended to all three dis fricts The effect of this act was only to relieve him. and his successors, of Jurisdiction in the Southern District. At the time Of the passage of this act providing for the appointment of a judge for the Southern District. Judge John Bruce was the district judge for the Alabama districts. He continued to exercise Jurisdiction in the Middle and Northern Districts till his death, when Honorable Thomas c. Jones was. on DeCGmD5T 4SBts &ppDinLeo HIS SuC@ cessor. For brevity, he will be referred to as the drst judge. He was appointed and commissioned Judge Of fhe Middle and Northern Districts of Alabama, ands by the letter of the Btatute quoted, hau Jurisdiction in both districts. On Feb ruary 3. 1907. an act was passed pro- viding for the appointment of "a dis frict Judge for the Northern Judicial District of Alabama" An act provid- ing for a United States Judge for the Northern Judicial district of Alabama. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the President of the United States, by and with the advice and consent of the Senate. shall appoint a district judge for the Northern Judicial District of Alabama, who shall possess and exercise ell the powers conferred by existing law upon the judges of tnea district courts of the United States. and who shall possess the same powers and per form the same duties within the Eaid Northern Judicial District of Alabama ss are now possessed by and performed oy the district judge of the United States in any of the judicial districts established by law. and he shall re- ceive the same compensation now or hereafter prescribed by law in respect to other district judges of the United States: And provided, that after ap peintment the jndge appointed under