The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-29

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pany. I hesitated to take any action about
a matter where I might seem to have a
personal grievance. After a discussion
which arose in connection with this ap-
pointment, Col. 7. G. Bush was appoint
ed as co-reoeiver. Had the judge origin
ally turned down the request for the APP
pointment of the Adlers and appointed
Col. 7. G. Bush, no just complaint Of his
action sould have been uttered, but the
appointment of Colonel Bush did not af-
feet what appears to me to have been
a previous improperly in the judge S
conduct.
Controversy With Judge Jones.
Immediately following the disagreeable
incident of the appointment of the re-
oeivers of the Southern Steel company.
there arose controversy between Judge
Hundley and Judge Jones over the APP
pointment of a referee in bankruptcy,
| which led to an open breach between
these judges and brought about a con-
dition calculated to lower the dignity of
the United States court in the northern
| district of Alabama and to pain and en-
barrass the lawyers of the district. Judge
Jones had been for years the judge of the
northern and middle districts of Ala
bama When the act of congress was
passed providing for new judge for the
northern district no express provision
was contained in the act to. deprive Judge
jones of the jurisdiction previously ex-
elcised by him in the northern district.
| From the time Judge Hundley was ap-
| pointed, he apparently assumed that he
was the sole judge of the northern dis
trict and that Judge Jones had no fur
ther power or jurisdiction in this district.
! The court officials of the northern dis
trict had been appointed by Judge Jones.
| If Judge Hundley was the sole judge of
| the district then the future appointment
of such court officials therein belonged
solely to him If Judge Hundley and
! Judge Jones were both judges in the
northern district, then each had equal
power of appointment, and this power
| should have been exercised IN an AMIGA
! bic and an harmonious way. In the opin-
ion handed down by Judge Jones, in ex
parte Birch and Steele, Judge Jones says
THE writer, at the request of his col
league, gave him the authorities and the
reasons which led to the conclusion that
there were two district judges in the
northern district He was most courte-
ously Informed of the policy the writer
had pursued with reference to the appoint
ment and removal of officers, and that
while the writer would not consent to the
removal of any officer for other than
legal cause that as to new appointments
Re most certainly would not ask anything
which would not be cheerfully conceded
to him. and that my view of our respec-
| tive duties and functions was that neither
could properly make an appointment or
removal without the consent of the other,
though either could hold court alone, and
that the writer would not originate any
order of the kind without his concur
renee. His views and intentions were
most courteously asked on these points,
and it was most earnestly suggested, If
difference arose. whether there were still
| two judges in the district, and as to their
rights therein, that it be settled in a
seemly way by friendly test case"
From the opinion of Judge Jones in
this case, it seems that the repeated and
courteous offers made by Judge Jones to
Judge Hundley to arrive at some friend
ly and digniied way of settling the rights
of the two judges and their power of
appointment were ignored by Judge
Hundley, and without any regard for
Judge Jones or his appointees Judge
Hundley undertook to appoint n. L.
Steele as sole referee in bankruptcy at
Birmingham. l have no word of criti-
cism to utter of Mr.. Steele. So far as
I know he is a lawyer and a gentleman,
I qualified for the position to which he was
appointed. That Judge Hundley erron-
eously construed the act of Congress
creating the new judgeship was an excus-
able error, which any lawyer might have
committed, but 1 do think that Judge
Hundley deserved severe criticism when,
instead of accepting the overtures made
by Judge Jones to determine whether
Judge Jones was a judge in the Northern
| district with equal powers, by friendly
suit, Judge Hundley undertook to ignore
Judge Jones and thereby precipitated an
undignifed squabble over a minor ap-
pointment. Judge Jones removed Mr..
Steele and appointed Mr.. Birch Judge
Hundley removed Mr.. Birch and appoint
ed Mr.. Steele, and so the controversy pro-
| ceeded TO become more and more acute
until finally the United States circuit
court of appeals decided that Judge Jones
was right in his position that he was still
a Judge of the Northern district of Ala
bama with powers and Jurisdiction equal
to the powers and jurisdiction of Judge
4 Hundley.
William r. Farley ct al. as Official
I have heard that in other states ap-
| pointments to receiyerships were made as
political patronage and frequently at the
dictates of political bosses. While such
things may have happened in Alabama,
am proud to say that they have hap
pened so rarely that such conduct on the
part of judges still shocks the good
taste of our lawyers and business men,
judge with entirely propriety can ignore
any request for the appointment of a
particular person as receiver by what
and scandalous for a judge, in appoint
ing receivers, to ignore the welfare of
the estates over which they are appoint
ed, and manifestly it is desirable that in
the selection of receivers, judge, where
practicable shall select persons having
business experience on the lines of the
embarrassed estate.
William R. Farley is SO well known in
the Birmingham district that discussion