The Birmingham age-herald., 1908-02-08
Confirmation, f Possible, Delayed for Several
 More Weeks
WITNESSES APPEAR FOR
 AND AGAINST JUDGE
It Is Learned That Southern Steel Re- ceivership Is Not the Only Factor Which Is Affecting the Con-
 firmation of the Judge.

Washington, February 7.-(Special)- )-The fight over the confirmation of Judge Os- car R. Hundley of the northern district of Alabama was formally inaugurated be- fore a subcommittee of the Senate judi ciary committee today Of the five menl- bers comprising the subcommittee. only three senators were present, the chair man. Senator Dillingham;. and Senator Bacon of Georgia and Senator Clark of Arkansas. The committee excluded every one from it's sessions except it's members and the members of the Alabama delega- tion, all of whom were present. Judge Hundley himself did not have an opportunity to hear the witnesses. the committee deciding against his presence. The committee declared itself in execu- tive session, declining to give out any in- formation relative to the proceedings. Judge Hundley will tomorrow be fur nshed with record of the testimony, and on next Friday will appear before the committee in his own behalf to make re- ply
 Against Hundey. A. s. Benners of Birmng ham, o. R. Hood of Gadsden, Morris Adler of Bir- mngham and H. B. Cashin. d negro of Decatur were those who appeared against Judge Hundley today. The first three devoted their statements to the afr fairs of the Southern Steel company and Judge Hundley's appointment of receiv- CTS who were alleged to have been incom- potent.
 MT. Benners it is reported declared that the appointment of the receivers was against the interest of the company. He thought the Adlers would have kept the company going while as it was 5000 men were throw nout of employment. MT. Ben ners is reported expressing the fear that Hundley in the event of his conf1r- nation wouldsuse his office to reward his political friends MT. Adler stated that he would have put up the money to keep 1 the company going had they, been ap- | pointed receivers so that lie might be in control.
 Cashin confined himself to a political talk, which is generally admitted did not greatly injure Judge Hundley's chances for confirmation. He devoted most of his time explaining Hundeys advocacy of the bill while member of the Alabama legislature by which negro schools vera to receive only the support given in taxes by negroes.
 Witness For Hundiey.
 Capt. Milton Humes of Huntsville was the first witness for Judge Hundley. His statement in brief was to the effect that he had known Judge Hundley all of his life and testified as to his character and capacity both before and after his ap- pointment to the judgeship. He said 95 per cent of the bar and all but one judge in the district had indorsed him.
 Col. T. G. Bush. of Birmingham one of the receivers, explained fully the acts of the receivers, making a complete state ment He stated that the creditors, bank rupts and all parties In interest had in- dorsed unanimously all the acts of tho receivers since their appointment
 Sterling Wood the special master will appear with Judge Hundey, next Friday. Representatives Richardson and Bur- nett, of Alabama. took the leading part today in questioning witnesses. From the questions asked by the members of the committee it is obvious that Senator Dillingham; is for Hundey's confirmation and it is also thought that Senator Clark of Arkansas, leans that way, while Sen ator Bacon of Georgia, seemed to be against Hundley.
 Representative Richardson of Alabama. who is leading the fight against the judge. expressed himself tonight as well satisfied with the outcome of the days hearing On the other hand Judge Hund- ley's friends declare nothing damaging against him was brought out.
 Matter Not Hurried.
 The fact that the committee will not meet again until next Friday except to allow Colonel Bush to make a brief addi- tional statement tomorrow, pretty clear ly indicates that there is no disposition on the part of the Senate committee to rush the case and it may be several weeks before anything. definite develops.
 Ordinarily it could be stated positively that Judge Hundley, with the backing Of the President and the two Alabama Sen ators, would be confirmed, but this is Presidential year, and the political phase may enter into the problem before it is solved Senator Knox, a candidate for president. is on the subcommittee; Sem ator Foraker, another candidate. is also said. to be interesting himself in the case.
 The political backing behind Hundley is largely for Taft The administration is very justly being accused by the Sem ate of yielding patronage in favor of the secretary of war. and naturally every appointment sent in, including that of Judge IIundley, is being closely scrutin- ized by the opposition Senators. That politics will enter into the question of Hundley's confirmation is becoming more apparent daily w. S.