The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-02-03
MORE ROOM NEEDED
AT STATE CAPITOL
Continued from First Pase.)

5. Battle flag Of the Eleventh
Florida Infantry, captured IN the bat
tie of Sailors Creek, Virginia, April
6, 1865, by First Lieutenant A t.
Lamfere, Company B. 1st- Connect
cut Cavalry, 1st Brigade, Cavary
Division General Custer commanding.
g. Battle flag of Fifth Florida In
fantry, captured in the battle of Sail
ors Creek, April 6, 1865 by private
Daniel Woods, Company X, 1st- Vlr'
ginia Veteran Volunteer Cavalry Bird.
Brigade, 3rd Cavalry Division, Gener-
al Custer commanding.
Z. Flag of the Apalachicola Guards.
Story of Flag.
Col Fred Robertson told me some
interesting stories OF the old battle
flags. Particularly interesting was the
story of the missing flag of the Third
Florida. At some engagement where
the Confederate forces suffered de-
feat Samuel Spaudling, the color-bear-
er tore the flag from its staff and stuffed
it into the bosom of his shirt. That
night a comrade, McRae, sat between
him and the sentry while Spaulding
lay on the ground and quilted the flag
into his jacket inside the lining. After
ward they made their escape and
Spaulding carried the flag proudly
back to his command.
AT the Battle of Brentwood Hills
the First and Third had been engaged
hut were thrown back in reserve. Cen
elal Forrest rode up and asked why
the flag was not at the front and
started to take it away from Spauld-
ing, who drew back and said I'll put
the flag wherever you say, sir-Fll
carry it as far as any man living can ="
So impressed with his tone and look
was the general, that he said, salut-
ing, II beg your pardon, SIR" turned
snd rode away Whether the brave
Spaulding was killed in battle I did
not learn, but at the Battle of Nash
vile John W. Kellum, | believe the
father of John c. Kel1um, secretary of
the board of control, was color bear
er. When the Confederates began
to retreat he tore he flag from its
staff and to save It from falling into
alien hands tore it into bits which
were trampled into the snow that was
red with the blood of the dead and
/ dying Thus was lost the battle flag
of the Third Florida.
The Coast Line Case.
| The Atlantic Coast Line Railway
! Company. through its attorneys filed a
motion in the supreme court Tuesday
| to cuash the alternative writ of man.
damus granted in the proceedings
! brought recently by Attorney General
Ellis to compel it to perform its du.
ties as common carrier The motion
will be argued in the court Monday
/ February 4th, and is as follows: The
] State of Florida ex rel w. H. Ellis
/ Acknowledgement, VS.. The Atlantic
/ Coast Line Railway Co.
II And now comes the defendant in the
above entitled cause and moves tC
Il quash the alternative writ of man
Gamus issued therein upon the follow
ing grounds, to-wit:
i /. The facts alleged in the said al
Tentative writ do not constitute
lcause of action authorizing the relic
prayed for
2. The alternative writ fails Il
show any legal duty resting upon the
defendant with which it has failed Z
comply
;. The allegations of facts in sale
alternative writ contained are too
vague, uncertain and indefinite to b.
replied to by this respondent
4. The said prayer in the alterna
tive writ does not show on its fac,
what acts the defendants must per
form so that the court could ascer
tain that it's orders had been compiled
! with
Railroad Commission.
The Railroad Commission had an
other busy week with hearings anC
issuing orders.
The following cases were dispose,
of:
Peacock and Little against the Al
lantic Coast Line Railway for refusa
to act as a common carrier. Fin,
ordered 800
Nathan B. Hartsfield against tn,
Seaboard Air Line Railway for sam,
offense; fine ordered, $500.
s. s. Coffin of Pasco, against tn,
Atlantic Coast Line Railway. refusa
to- act as common carrier, fine order
ed. $1,000. .---.-.-.
Two cases were dismissed and on,
was continued until February 18th.
Hearings were set for the 18th an,
Goth of February
The commission will leave M0nda'
for Gainesville and South Florid;
POINTS to make investigations in
number of matters that have beer
brought before ii. among them bein:
an Investigation of the necessity C
an uniOr deDOt at Gainesville