The Birmingham age-herald., 1909-03-14


 ley:
 To the Bar and People of the Northern
 District of Alabama:
 The committee representing the lawyers and business men of the Northern district of Alabama favoring Judge Oscar R. Hundley for federal judge resent the un- warranted and unjust attacks being made on him. Vague and Indefinite insinua- tions are recklessly given out; abusive and libelous statements are widely pub lished, and yet though repeatedly chal lenged to do so, they have not and can not, cite one act of Judge Hundley as a may or a judge to his detrinent. His opponents, when testifyng before the Senate judiciary committee, were repeat edly asked to name even one derogatory thing, but they did not and could not. At the outset they did charge against him the appointment of Southern Steel com pany receivers, but this has been dropped snice the Senate judiciary committee hold that there was nothing in this charge. It was said that iron men should have been appointed as such receivers, and yet the Southern Steel credtors-a major ity represented by attorneys opposed to Judge Hundley-unanmous indorsed the administration of said receivers and elect ed trustees who were not iron men.
 The general statement is made that Judge Hundley is not lawyer of abil- ity and yet, when testifylng before the Judiciary committee his opponents were challenged to name cases, it developed that in every appealed case mentioned the court of appeals had upheld Judge Hundleys ruling. They further charge that Judge Hundley is not judge of courage and yet it came out on the hearing before the Senate judiciary com mittee that one of the attorneys now leading the fight against him threatened that if he made a certain order in the Southern Steel case, said attorney would take it as a personal affront. Judge Hundley, however, in the face of the threat, continued to discharge his sworn duty, and yet it is charged that Huhd- ley is not courageous judge
 They say there is distrust of Judge Hundley Did they not create the al legged distrust? Can a few make con- dltion and then point to it as a reason that they should have their way?
 It is further urged against Judge Hund- ley that he left the democratic party and joined the republican party; and yet those who are now leading the fight
 
 ley with a full knowledge of this fact His opponents started out by frankly admitting that there was no chance for | democrat to be appointed and yet Judge i Hundleyis being fought because he is republican. -ft4
 Lawyers have a right to meet and reso- lute, but they can only speak for them selves, not others. We appeal to all fair minded men to let the case be tried upon the facts not upon vague charges and inslnuations. We are willing to sub init the case upon the record of the in vestigation before the Senate judiciary committee, where both sides appeared and were heard. If you are opposed to Judge Hundley because he is a republican, say so. If you are against him because he has done anything as a or as a judge, name what it is. Demand of those asking you to join In wholesale denunciation of him to name and prove one specific act of his justfying any such | action.
 It is now the field against Judge Hund- ley. One of his opponents stated in i meeting that the first thing to do was to dispose of Hundley and then the other aspirants could settle the matter between themselbes. But Judge Hundley will not be disposed of by the methods being used against him. His opponents will be held i to the record and the facts therein not only refute all charges and insinuations, l but affrmatvely show that Judge Oscar R. Hundley Is an able, honest and fear | less judge
 John B. Knox, John w. Tomlinson, E. B. Almon, John C. Eyster, George H. Parker, David A. Grayson, c. B. Powell, E. H. Dryer, N L. Steele, 2. T. Rudulph, A. Leo Oberdorfer, Hinds Peevy, O. D. Street W. s. Welch. Romaine Boyd, Richard B. Kelly, Morris Loveman, Rob ~ ID1l, r l. m -t-1. 1. Thornton, Sterling A. Wood, H. K. White, Committee.
 had been washed across the track at Cliff. The heavy engine was overturned and three cars were dtched. No serious accident occurred, however B. M Pearce of Birmingham sustained sprained hand and A. Hunnicutt, the fagman, suffered a wrenched back. A wrecker from Vel lington was soon on the scene however as was superintendent H. M. Waite. Traf- fic was resumed In the afternoon, prior to which time the Seaboard trains to and from Atlanta were detoured over the tracks of the Southern and the Louisville and Nashville. arriving in Birmingham and Atlanta a very short time after the scheduled minute.
 The main line of the Southern between Atlanta and Birmingham remained in good condition throughout yesterday, al though slow orders were enforced At Jefferson however, the Southern narrow ly escaped an accident similar to that encountered by the Seaboard at Cliff. A slide had entirely covered the tracks, but on account of the slow rate of speed under which the train was moving the cause of danger was detected. A delay of three hours ensued, however At Fayette too, the Southern was delayed by water, which entirely covered the tracks for distance of a mile and d quarter.
 Other Trains All Right.
 The Alabama Great Southern, having taken the precaution to issue slow orders covering nearly 400 points, had no ac- cidents and comparatively little trouble of other natures. At Battelle the tracks were threa tened by an overflow which ex- tended about 300 yards. This caused de- lay to all the trains, but no accident re- suited, and the track was not damaged Train No. ? carried Hc>>ce Baker gen eral manager and he was elated on his arrival in Birmingham at the expedition employed by the train crews in opening the way.
 The Frisco and the Louisville and Nash vile fared well throughout the day, al- though slow orders caused delays in ar irving in Birmingham. Considering the fact that the Louisville, and Nashville follows the Alabama river for a con- siderable distance, and crosses it in numerous places, its success is considered marvellous. The Illinois Central reported very little trouble throughout the day The Central of Georgia has fared ex- ceedingly we'll too. Passenger and train