The Birmingham age-herald., 1908-12-27

of the bar to join in the protest against the confirmation of Judge Hundley by the United States, Senate?" On that day by engagements previously made to serve a gentleman from Montgomery, then here to be served. and another living in Ten lessee. 1 was engaged all day. Stronger than that more than 40 years l have done nothing to secure the appointment of re- publican aspirants to office. I do not recommend republicans for appointment to office for the reason that in all the years since the surrender in 1865 there has been no republican administration competent to rightly fill government of fees in the south. That party claims and exercises the right to fill all public offices and the party takes the honor of rightly exercising that privilege and assumes the dishonor or failure. If the appointees are failures 1 will not be estopped from saying that told you so.
 Are the arguments advanced sufficient to cause the Senate to reject Judge Hund- ley's nomination? In any court a demur- Ter to the indictment preferred against him by the small majority of the mem bers of the bar in attendance at that meeting would be sustained. It was a collection of generalities It pointed out no specific offense; it charged no viola ton of law It charged ignorance of law, overlooking the fact that few men who go on the bench are profound law yers. And few, if any, are possessed of the judicial temperament. Even many able lawyers fail to make good judges.
 As a reason why Judge Hundley should not be confirmed it is charged that he appointed his favorites to places of profit and responsibility. At this time that is a most singular charge. Any public off cer would be foolish because of fit ness to appoint his enemies to places, or strangers, when he could appoint those with whom he was acquainted or whose capabilities he knew. In the matter of his appointment in re Southern Steel company it cannot be said that the ap- pointees were wicked men or incapables
 The one objection that might be urged is that one receiver ought to have been appointed and he could have selected his agents and clerks. If the judge erred in the matter he ought to have been re- viewed. The proper place to show up a judge Is to carry him to a court of re- view and bind him in sheep or buckram, that his infamy may be held up to the censure of future generations If he was corrupt in office the offense ought to have been pointed out and the witnesses named. It is not sufficient to charge that he is not a great lawyer. Luther R. Smith, the best presiding judge I ever knew on the bench, could not have earned even a small living as a lawyer
 Judge Hundley was a member of the Alabama house of representatives four years and for eight years was a senator from Madison county and chairman of the judiciary committee of that body. For three terms he was city attorney for the city of Huntsville, one of the most cultivated communities in the south. For 24 years he was division counsel of the Nashville, Chattanooga and St. Louis Railroad company, one of the richest railroad corporations in the south It is well known that railroads do not se- lect incompetent lawyers for attorneys. Be it said that in 1896 Judge Hundley re- volted against the free silver heresy of the democratic platform and went into the republican party. Many democrats in the south bolted with him against the democratic policy and continue so to vote. In this he seems to have sinned greatly, but sucn sins cannot be an objection in the republican Senate.
 crave pardon for differing with my brethren of the bar. but insist that democrats ought neither to recommend nor oppose the government appointments of that party. While serv- ing in the legislature of Alabama he was a very respectable and much re- spected man. He only incurred the antag- onism of his people when he became an aspirant for office under the republican administration WILLIAM c. WARD.