The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-31
FOUR DECISIONS BY
SUPREME COURT
Gray Quo Warranto VIII be
Argued Today
SUIT Is VERY IMP0R TANT
Interesting Story of Personal Bravery
of Texas Man Is Told BY Attache
of Department of Archives
and History.
SUIT IS VERY IMPOR TANT

Montgomery. May 90.-(Special.l- THE
supreme court has affirmed a verdict of
800 damages assessed against A. G.
Rhodes & Son of Montgomery in favor OF
Laura Charleton, negro woman who
sued for the removal of furniture from
her home by the defendant company,
which sells furniture on the installment
plant However. the case went off on
question that did not make 1t necessary
to pass directly on the right or lack of
right to recover for the removal of furni-
ture when pa yments had been made
upon 1t.
OF the four cases in which opinions
were handed down today there was little
general interest A verdict of $500 dam
ages for d. o. Ryan was sustained
against the Birmingham Railway, Light
and Power company on an appeal from
the city court of Birmingham. 1t is quite
a coincidence that each case handed down
today was endorsement of the lower court
trying it.
There we're a number of minor cases
submitted today. Tomorrow will be
day of interest In submissions for the rea-
son that another of the famous suits
against the Louisville and Nashville rail-
road by Henry n. Gray of Birmingham
will be argued. This is the one in which
Judge A d. Sayre of the city court of
Montgomery held that the Louisville and
Nashville had no authority of law for
the operation of the South and North
division and in which a judgment of
custer was issued depriving the major
corporation from control of the minor.
This suit will be argued before the SUI
preme court by Gregory L. Smith of Mo-
bile and John p. Tillman of Birming
ham. for the railroad company and S. II.
Dent and Phares Coleman OF Montgomery
for Mr.. Gray. General Counsel Stone of
the Louisville and Nashville will likely
be here to give aid and comfort 10 the
roads attorneys, as will George w. Jones,
assistant district attorney for the Louis
vile and Nashville in this territory. Mr..
Smith and Mr.. Tillman have been here
two or three days at work in the library
of the supreme court. preparing briefs
and arguments. Mr.. Dent will open the
argument for Gray and state the case
to the court, which will take fully an
hour. 1t is quite likely, therefore, that
the argument will take up most of the
day.
The Importance of this suit is readily
seen in the fact that it involves the con-
troll of the line now held by the Louis
Vile and Nashville from Decatur to Mont
gomery. through one of the best stretches
OF country in the south and connecting
the system north and south. In case the
custer should hold in the supreme court
Walter Moore of Birmingham has an ap-
plcation already filed for receiver for
the South and North.
Opinions in the following cases were
handed down by the supreme court to-
day:
Weakley. C. il. D. Belote & Son VS..
city court; affirmed.
HARRISON, J.-Birmingham Railway
Light and Power company VS.. Daniel o.
Ryan, administrator. appeal from Bir-
mingham city court; affirmed.
Dowdell, ABE Chancellor VS. Law &
Edmonds. appeal from Geneva circuit
court affirmed.
benson, IA. G.. Rhodes & Son Co.
VS.. Laura CHARLTON, appeal from Mont
gomery city court; affirmed.
Reckless Texan.
Attention having been called to an act
of especial bravery on the part of Pr-
d. N
Dismounted Cavalry, c. s. A., for which
General Beauregard ordered a badge Of
honor" Prof. II. S. Halbert, an attache
of the state department of archives and
history. recalls the incident. He knew
Smith In Waco, Tex, before the war, and
says he was one OF the bravest men he
ever came in contact with. The story is
about this way:
When the command went into action
near Corinth. Miss, May 90 1862 II was
commanded by Lieutenant Colonel Lane.
Lane had 24O men, and charged a largely
superior force In the shock of the con-
flct Smith was seen to dash across the
line separating the opposing forces and
grab a Yankee soldier by the throat At
once he was engaged with him in mortal
combat. In a few moments the Yankee
dropped to the earth dead He had been
killed by Smith with a bowie knife, prob
ably the only instance in the war when
a soldier from one side ran over to the
other, killed his man with a close-in
fighting weapon like a knife, and then
escaped.
For several weeks ii was the talk of
the regiment. and coming to the ears of
the general commanding, a special badge
of honor was accorded him.
Never Gave Up Flag.
General William c. Oates, who COM
manded the + fifteenth Alabama Infantry,
C. S. A., and who has since the surrender
at Appomatox been congressman, govern
or of his state and a bdgadier general
of volunteers of the United States army,
walked through the picture gallery of the
Alabama department of archives and his
tory yesterday and happened to be there
when Colonel John w. liner of Asheville
brought in the flag of the Fifty-eighth
Alabama, Confederate service He related
the story of the flag of his regiment.
The Fifteenth surrendered with the 9TH
ers at the end of the war. The ensign
was a man named Archibald, who had
been given the rank of first lieutenant.
He had sworn never to give up the flag.
When it came time TO turn over the COM
mand he tore the banner from the staff
and thrust 1T into his bosom. There 1t
remained until he reached home. After
ward General Oates tried to get it from
him. but the old fellow said he would
never part with 1T. He wanted 1t folded
a 10 haaI IN coffin