Cullman Senior Fall 2020 | Page 46

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) 46 | FALL 2020 CULLMAN COUNTY SENIOR MAGAZINE