The Montgomery advertiser., 1908-10-25
OTHER SIDE OF REFEREE CASE Argue for Judge Hund- ley's Authority. CASE IS NOT YET FINISHED
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 Mr. Dryer Says Judge Jones's Ap- pointment of Birch Void. Judge weakiey ooutenaed That Ae. Creating Alabama Northern Das- srict Gave Judse Hundley
 soIe Jurisdietion.
CASE IS NOT YET FINISHED

Arguments In the case of Alexander c. Birch vs. N. L. Steele in the matter of the disputed office of referee In bankruptcy in the northern district court of the United States were con- tinued Saturday morning when Sid Bowie. representing Birch. the ap- pointee of Judge Thomas 0. Jones continued his argument interrupted by the adjournment of the court of ap- peals Friday afternoon. Counsel for the appointee of Judge Hundley were also heard at some length.
 Mir. Bowie in continuing ,contended that Judge Jones had the right to ap- point a referee because of the fact that Judge Jones was acting in judicial capacity in both the middle district and the northern district In referring to the act of congress creating the ad- iitional tudgeship of the northern dis trict MT. Bowie stated that there was no clause by which Judge Jones was excluded from authority in the north. ern district. Help was needed In this district. the work being too heavy for one judge. but this was not the case in the middle district.
 Mir. Dryer for N. L. Steele followed Mir Bowie. Mir Dryer confined his remarks entirely to the appointment and the. removal of tho referee. Hs claimed that Judge Jones was exciud-
  ton from power and authority in the northern district of Alabama. In sup port of hta argument he read the ect creating the new judge to the court.
 Mr. Dryer also argued that the ap- pointment of Mir. Birch by Judge Jones was 7nyil in that Judge Hundley was appointed judge of the northern district at the time that Judge Jones made his appointment of Birch. and that Judge Jones had not either notified or agreed with Judge Hundley upon the ap- pointrnent of Mir. Birch. It was also argued that the appointment was null in that the appointment was an act or chambers and not one of the bank ruptcy court sitting in formal session.
 Ju,ike Samuel D. weakley, also of counsel for MT. Steele followed Mr. Dryer. Judge Weakley's argument was along slightly different lines from that of his colleagues. He contended judge of the northern district of Ala harna and always has been since taking the oath of office after the adjourn ment of congress last May.
 He referred to the records of Con- Kress to support his position, decIar- Ing that at the time the act was under consideration creating the new judge <AAAFf4@s&ANf there were other acts pending of similar character. It was said that these acts specifically provided for an additional judge in the district in Ques= ton. and that they should have eqtial and coordinate, power with the, existr Ing judges of those districts. D,
 It was pointed out by Judge weak lev that the language used In the act creating the Alabama judgeship was different from that used in creating merely. 'sadditfonaR' judges, and &hia was taken to mean that congress in- tended to put in Alabama a new judge not additional. with the same iurisdiction and powers as the existing judges, but having exclusive jurisdie. tion in the district for which he was appointed. Judge Weakley also cited as many as nine cases in which addi- fional judges were provided for various states. and in practically every instance there was a uniform clause in the acts which sdIvded the docket between the new fudge and the existing judge. and in case Of ( failure to agree the sentoI judge should make the assignments oi cases for trial.
 It was argued that congress there fore is not making such provisions In the Alabama instance purposely in' tended to create a new and exclusive judge Tn the northern district. There fore if thls was true the act of Judge Jones in appointing Mir. Birch referee in bankruptcy Tn the northern dis. trict. was rightly vacated by Judge Hundley.
 Others of counsel for Steele-Ster. ling A Wood and Leo Oberdorfer, oi Birmingham-followe Judge WeakleS and took about the same grounds al had been gone over by previous argu' ments. Counsel for Birch closed thG daY's sessions.
 The judges of the appellate cour will remain in the city over Monday as the case has not as been entirely finished. and in addition one or two minor cases have been added to thu docket