T h e A la b a m a S u p r e m e C o u r t
r u le d in 1 8 9 9 it w a s n o t
s u ffi c ie n t m e r e ly t o c h a r g e
t h e s to r in g o f t h e g u n p o w d e r
a n d t h e r e s u lt in g e x p lo s io n .
It m u s t a ls o b e p r o v e n
t h e e x p lo s iv e w a s s t o r e d
in s u c h a p la c e a n d u n d e r
c ir c u m s t a n c e s t h a t it w a s
d a n g e r o u s .
Each time the jury was unanimous in favor of the
Koopman & Gerdes. The Alabama Supreme Court
ruled in 1899 it was not sufficient merely to charge
the storing of the gun powder and the resulting
explosion. It must also be proven the explosive was
stored in such a place and under circumstances
that it was dangerous.
In the Rudder case, the court stated Koopman
& Gerdes stored large quantities of dynamite and
gunpowder in their wooden building in a thickly
settled portion of town, in such a way it was liable
to explode and do serious injury to people and
property. The resulting explosion threw firebrands
several hundred feet, setting fire to and destroying
Rudder’s property. On the proof of these facts,
Koopman & Gerdes were held responsible citing
the storage of the explosives was considered a
nuisance.
While given the same circumstances of the
Cullman fire of 1894, Kinney lost his case but
Rudder won. Later case references admitted the
rulings in these cases seemed to be in conflict.
Ultimately the Code of Alabama was amended in
1907 to read: “Any person who keeps on hand, at
any one time, within the limits of any incorporated
city or town, for sale or for use, more than fifty
pounds of gunpowder, or other explosives, must,
on conviction, be fined not less than one hundred
dollars.” The cases of Kinney and Rudder were cited
as precedent.
Sources: Cullman Tribune, 8 Mar 1894, 9 Jan
1896; Hartselle Alabama Enquirer, 8 Mar 1894;
Montgomery Advertiser, 8 Mar, 16 Mar 1894, 2
Feb 1898; People’s Protest, 9 Mar 1894; Tallapoosa
New Era, 15 Mar 1894; The Southern Reporter,
Volume 22, June 9th, 1897 – February 9th, 1898,
St. Paul: West Publishing Company, 1898, pages
601 – 611; The Code of Alabama, July 27, 1907,
Volume III—Criminal, prepared by James J.
Mayfield, Code Commissioner, Nashville: Marshall
& Bruce Company, 1907, page 847; United States
Circuit Courts of Appeals Reports With Annotations,
Volume 86, Rochester: Lawyers’ Cooperative
Publishing Company, 1908, page 241, (Henderson
vs. Sullivan from the Circuit Court of Appeals, Sixth
Circuit, February 19, 1908, citing the Rudder and
Kinney cases)
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CULLMAN COUNTY SENIOR MAGAZINE