The Birmingham age-herald., 1908-06-01
Understood He Will Open Fed eraI Court Here Today
 for That Purpose
HUNDL.EY HAS MESSAGE
 FROM THE PRESIDENT
Upon Adjournment of Congress He Again Took Oath at Annston and Will Continue to Hold
 Court.

A peculiar complication which might terminate in a clash has resulted from tlae adjournment of Congress without con- firming the appointment of Judge Oscar R. Hundley as judge of the Northern district of Alabama, and the arrival of Judge T. G. Jones of Montgomery to open court in Birmingham this morn ing.
 With the last minutes of the session of Congress the recess appointment conl- mission of Judge Hundley expired and Judge Jones of Montgomery, who has jurisdiction in both the Northern and Middle districts, became the only federal judge in Alabama, with jurisdiction in the Northern district.
 But this condition of affairs did not last very long. Saturday night, immediately after having been notified officially of the fact that Congress had adjourned, President Roosevelt reappointed Judge Hundley judge of the Northern district of Alabama, and the Attorney General was instructed to apprise Judge Hund- ley of the fact, with instructions from the President to qualify at once and his commission would follow immediately. These instructions were followed and the judge qualified at Anniston, where he has been holding court for the past three weeks and will continue until Wednes- day next, when he will adjourn that division, returning to Birmingham, where he will open either Thursday or Friday | morning.
 Will Open Court This Morning. However it is stated as a positive fact that Judge Jones will open court in the Federal building this morning, and will once more attempt to renstate Alex c. Birch to the position of referee in bank ruptcy, from which he was removed by yudge Hundley by the appointment of N L. Steele.
 This intention of Judge Jones, it is understood, was formed some time ago, and became known to Judge Hundley, who reported 1t to President Roosevelt but was assured that the appointment would be made by telegram immediately On adjournment of Congress. Had there been sucient time between the expiration of Judge Hundley's term and iis reappointment for Judge Jones to open court the appointment of Birch would hold for two years and Judge Hundley would, have [. authority to change it.
 Judge Jones may claim that since Judge Fundley's commission Is still in the mail ne will have no jurisdiction, but Mr~ steele's friends say that Hundley's oath and the telegram from the President were sufficient. Judge Jones, however, may reopen the question of authority which came up in the clash several months ago, as he has always claimed that Judge Hundley is merely his assistant in this district
 He may remain here all week, hold ing court daily, with the intention of enforcing his appointment of Birch
 The situatio is capable of many and various developments. The bitter fight of these two judges over the removal l of Birch from referee in bankruptcy i, is warm issue yet, and Judge Jones appears to be ready to use any strategic move that will help his | cause Judge Jones arrived in Bir- mingham last night but he could not
 
 yond doubt he would open court this | morning.
 Record for Appointments. 1 Judge Hundleys record in as far as the matter of appointment to office by the President Is concerned, Is remark able. He was first appointed district attorney. and his name sent to the 1 hxr in vestigation by sub committee of tn @ | judiciary committee of that body the new judgeship for the Northern dis l trict of Alabama was created at the close of the session of Congress, March. 1 1907. Immediately after the adjourn
 ment of Congress the President gave | Oscar R. Hundley a recess appointment to preside as judge of the newly cre- ated court, in which capacity he ha 5 been actively at work up to the pres
 ent time and in speedy manner he has been clearing the dockets of the
 four divisions of his court. When Congress assembled last De-
 cember, the President promptly sent
 the judges name to the Senate for |
 ferred to a sub -committ& of the judi
 ciary committee of the Senate for in-
 vestigation. fight against the ap
 pointment was made by six members
 of the House, headed by Congressman
 William Richardson, and the sub-com-
 mittee. after thorough investigation
 of all charges, reported the case
 fayorably. and recommended his con-
 firmation, on vote of three to one
 to the full committee, which in turn re-
 ported the matter favorably to the
 Senate on a vote of seven to one like
 wise recommending that his appoint
 ment be confirmed.
 Saturday, for. the third time tha
 President has given Judge Hundley an
 appointment for the position of judge
 and once a district attorney, making
 four appointments in all. It is plain
 to be seen that the President Is loya!
 to the cause of Judge Hundley. Hls
 friends declare there is not the sh adow
 of doubt hut he will be confirmed
 during the short session next Decem-
 Der.
 i
 Sunday School Picnic.
 The Sunday school picnic of St. Andrews
 church will be held tomorrow at Germania