The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-04-01
TEST SUIT IS MADE
AGAINST SEABOARD
Relates to Violations of Safety
Appliance Act
LOSSES FROM FIRE LARGE
Funeral of Great lncohone Watts of
Red Men Is Held at Montgomery
and Many Honor Memory
of the Deceased.

Montgomery. March 31-(SpeciaI. Suit
has been filed in the United States district
court by District Attorney Warren S.
Reese, to recover from the Seaboard Air
Line railway 500 and costs for IN alleged
passed by Congress and amended in 1903,
by which railroads are required to pro-
vide safety appliances to all their equip
ment and the moving of cars without the
safe means is made punishable
1t is alleged that in February. 1905. the
Seaboard moved a carload of machinery
consigned to place in Florida with the
coupling in such shape that it would not
work, and that to couple and uncouple
the car man had to go between it and
the car next to it, 1t is also charged that
the chain was broken. The offense is said
to have been committed at Clsky Park
and the prosecution is the first in Alabama
under this act. 1t will be fought out in
the court to decision In order to estab-
lsh precedent The prosecution was set
on foot by order of the interstate COM
merce commission, which sent notice Of
the alleged violation TO Attorney Reese
Losses 5y Fire.
The loss by fire at the blaze of yester-
day In the residence portion will reach
about $4,000. with s22, 100 insurance. Fire
man Leonard Curtis, who was hurt, will
foot. 1t develops today that a peculiar
thing no doubt saved Mr.. Curtis life.
He was on a ladder which slipped and
caused him to fall. AS he fell his foot
went through the ladder and doubled back
as his head went down. 1t was caught
here and broken. but held him for an in
slant SO that his further tumble to the
sidewalk was so easy that he received
small injury otherwise. A straight fall
from the top would have meant his death.
Fireman Jesse Watkins was also hurt
having his hand badly cut In getting
through some glass 1t was one of the
most disastrous residence fires the city
has had. One of the city school buildings
nearby caught also, but was soon extin-
guished, none of the children being hurt.
Flag VIII Come.
According to the press dispatches of to-
day it seems that there will be no more
trouble about the return of the flag of
the Peroto Guards, taken by the Fifteenth
Wisconsin regiment at the battle of Is
land No. 10, in April 1862 The objections
raised by some members of the old COM
mand were taken to mean really more
than they did and it was anticipated that
there would have to be delay. This
seems to have been overcome.
The bill to return the flag was intro
duced by the commander of the Grand
Army of the Republic and he is seeing to
1t that there Is nothing put in the way
Of its passage. DR.. Thomas M Owen.
director of the Alabaam Department of
Achieves and History, was very much
pleased to hear yesterday from Hon. r. q.
Thwaite. secretary of the Wisconsin His
torical association, that the objections to
returning the flag came from sources
that were not fully posted on the stu
alton and would be overcome without diff
ficulty.
Bidding for Bonds.
The bond bids are to be opened at the
capitol next Tuesday and the little over
eight millions of refunding bonds to be
sold by the state will be assigned to
the highest and best bidder. Bids have
been asked for three and three and
half per cent bonds and none are to be
below par. Though the bids were asked
by acting Governor Cunningham they will
be opened and let by Governor Jelks,
who has returned and taken charge since
the advertisements were sent out.
There have been a number of bids
sent In to the office of the governor which
will not be opened, of course, until the
day set. These, however. are not for any
large amounts, 1t is said the big bidders
being expected to get in on the morning of
the 4th There has geen a great deal of
interest shown by Alabama men of promi-
nence in financial circles in the issue and
1t Is quite likely that several good sized
lots will be taken in the state. J. II.
Fits. a prominent banker of Tuscaloosa.
was here this week and talked for several
hours with the Governor. and 1t is under
stood he will ask for a large amount,
representing several others in his bids.
Watts Funeral.
The funeral of Thomas E. Watts,
Great Incohonee of he National Order
of Red Men and one of the leading men
of Alabama was conducted this after
noon. The religious exercises were con-
Quoted by the Rev. DR.. A. c. Stakely,
pastor OF the First Baptist church, and
the ritual of the Red Men carried out by
Past Great Incohonee Robert f. Daniels.
of Griffin. Ca
The following Alabama officials were
present: M ID. Friedman, past great
sachem; Alex |. Klein, great represen-
tative: ]. w. Pierson, great sachem, all
of Birmingham The pail bearers were
j. H. Cook, J. f. Maddox, T. G. Foster
j. M. Riggs. Judge A. ID. Sayre, w. K.
Pelzer. Martin Baldwin and Lee Hollo-
way The honorary pail bearers were
Justice Jonathan HARRISON of the SUI
preme court, Judges ]. M. Chiffon and
W. c. Fuller. j. b. Nicresi. Horace
Stringfellow. Judge Scott Sayre, Cen
Robert F. Lyon, all of Montgomery and
Martin Sullivan of Pensacola, Fla The
deceased was Great Incohonee of the
Red Men. the highest in the order in
the United States and there were about
1000 members of the order to attend the
funeral. There have been more than one
hundred kilograms of coincidence re-
ceived by the family.
3nepard TO Speak.
Rev. w. H. Shepard, colored mission
airy of the Southern Presbyterian church
in Congo. will preach at the Central
Presbyterian church Sunday night and
1t is quite likely he will be accorded a
fine audience. This missionary is a fellow
of the Royal Geographical society Of
England and noted lecturer. He has
been lecturing in the churches of Bir-
mingham for several days and has been
given a great deal of space by the pa
pers.
HNftnT nAIIN cEDAiHe