USA > Alabama > Hand-book of Alabama. A complete index to the state, with map > Part 10
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* See Constitution, Art VI, See. 26, ante, for power of the Governor to appoint notaries publie with jurisdiction of justice.
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98
HAND-BOOK OF ALABAM.1.
County Court .- The Judge of Probate is, ex-officio, judge of this court, which has original jurisdiction, concurrently with circuit and city courts, of all misdemeanors committed within the county. As such judge, he gives a bond in the sum of $5,000, and is paid fees. The judge of the county court is, also, its clerk, but he has power to employ a clerk at his own expense. This court holds monthly terms, but, in the discretion of the judge, it may be opened any day, except Sun- day, for the trial of offenses of which it has cognizance, where the party charged cannot give bond for his appearance at the monthly term, or desires an immediate trial. The county court proceeds without jury, unless the party demands a jury trial, in which case he is bound over for trial in the circuit or city court. Appeals lie from the county to the circuit or city court. The sheriff is its ministerial officer.
The Courts of County Commissioners .- In each county there is a court of record, styled the court of county commis- sioners, composed of the judge of probate, as principal judge, and four commissioners, elected by the qualified voters of the county every four years, at the election on the first Mon- day in August. In case of a vacancy, it is filled by the Gov- ernor. These commissioners are paid by the day for the time they are in attendance on the sittings of the court. Regular terms of this court are held on the second Monday in Feb- ruary and August, and the first Monday in April and Novem- ber; but the time of holding such terms may be changed by the court to suit the public convenience. Special terms, when necessary, may also be held. For the performance of its duties in matters of taxation, the court holds regular terins on the second Mondays in May, July and August, and such adjourned and special terms as may be necessary. This court possesses original jurisdiction in relation to the establishment, change or discontinuance of roads, bridges, causeways and ferries within the county ; and has authority to direct and control the property of the county ; to levy a general tax, for general, and a special tax for particular county purposes ; to examine, settle and allow all accounts and claims chargeable against the county; to examine and audit the accounts of all officers having the care, management, collection or disburse- ment of money belonging to the county, or appropriated for
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GOVERNMENT.
its use and benefit ; to make rules and regulations for the sup- port of the poor in the county ; and to exercise such other powers as are, or may be, given it by the laws of this State.
COUNTY ORGANIZATION.
For the convenient administration of government, the State is divided into counties, of which. at present, the number is sixty-six. Each county is a corporation, with power to sue and be sued in any court of record.
By the Constitution of the State, power is given the Gen- eral Assembly, by a two-thirds vote, to change the boundaries of a county ; but no new county can be formed of less extent than six hundred square miles, and no existing county can be reduced below that area, and no new county can be formed which does not contain a sufficient number of inhabitants to entitle it to one representative, and, at the same time, leave the county or counties from which it is taken with population enough to entitle it or them to separate representation .*
Each county has a county seat, or seat of county govern- ment, where are located all the county buildings, such as the courthouse, etc., and where the county officials keep their offices, and the courts are held.
* See Constitution, Art. II, Sec. 2, ante.
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HAND-BOOK OF ALABAMA.
Names of the counties in Alabama, with their county seats and areas in square miles.
NAME OF COUNTY .*
NAME OF COUNTY SEAT. t
AREA OF COUNTY IN SQ. MILES.#
Autauga
Prattville.
660
Baldwin
Daphne,
1,620
Barbour
( layton
888
Bibb
Centreville
625
Blount
Blountsville.
752
Bullock
Union Springs
C40
Butler ..
Greenville ..
782
Calhoun
Jacksonville
640
Chambers
LaFayette.
600
Cherokee
Centre
586
Chilton.
Clanton.
710
Choctaw
Butler
916
Clarke.
Grove Hill
1,160
Clay.
Ashland ..
599
Cleburne
Edwardsville.
545
Coffee ..
Elba. ..
728
Colbert
Tuscumbia
556
Coneenh.
Evergreen.
804
Covington
Andalusia.
Crenshaw
Rutledge
Cullman
Cullinan
Dale.
Ozark ..
660
Dallas
Selma.
95-4
De Kalb
Fort Payne.
760
Elmore
Wetumpka
552
Escambia
Brewton
Etowah.
Gadsden
Favette.
Fayette Court House.
Franklin
Bel Green. .
Geneva ..
Geneva.
Greene
Eutaw.
Hale ..
Greensboro
Henry.
Abbeville.
Jackson
Scottsboro
Jefferson.
Birmingham
Lamar.
Vernon .
612
Lauderdale.
Florence
682
Lawrence ..
Moulton
Lee ...
Opelika.
Limestone
Athens
Lowndes
Hayneville.
Macon.
Tuskegee.
Madison
Huntsville
Marengo
Linden .
960 796 580
Marshall
Guntersville.
Mobile .
Mobile.
1,234
Monroe.
Monroeville.
990
Montgomery
Montgomery
772
Morgan
Decatur.
636
Perry.
Marion
774 954
Pike
Troy
Randolph
Wedowee
592
Russell.
Seale ..
Saint Clair
Ashville.
Shelby.
Columbiana
772
Suinter
Livingston
950
Talladega
Talladega
Tallapoosa
Dadeville
Tuskaloosa:
Tuskaloosı
1,346
Walker
Jasper.
Washington ..
St. Stephens
1,050
Wilcox
910
Winston
Double Springs
6330$
. For the population of the several countries, see page, 056, ante.
+ For the population of the several county seats, see pages 66-76. ante.
$ Land surface.
§ Total in the State, 51,540-land surface.
684 994 610 577
Coosa ..
Rockford ..
544 732 984 1,144 1,092
768 610 596 720 622
Marion.
Hamilton
Pickens
Carrollton
670 6-19
Camden
972 510 700 620 640
101,
GOVERNMENT.
The counties are divided into election precincts, for con- venience of voting, which may be established, altered or abolished by the court of county commissioners, in accordance with law. *
The officers of the county are :
A Judge of Probate-Who is, also, judge of the county court and principal judge of the court of county commis- sioners.t
Four County Commissioners-Of roads and revenues, who, with the judge of probate, compose the court of county commissioners. #
Two Justices of the Peace-In each election precinct.,
A Circuit Clerk-Elected by the qualified voters of the county, every six years, on the first Monday in August. Vacancies in his office are filled by the Governor. The circuit clerk gives bond in a sum not less than two thousand dollars, and is paid prescribed fees. He is charged with the duty and clothed with authority to issue and sign all summons, writs, subpoenas, executions, and process emanating from his court, to keep the papers, books, dockets and records belonging to his court, and to administer oaths and take affidavits in all cases in which the authority is not restricted to some other officer. He may appoint a deputy or deputies.
A Sheriff-Elected by the qualified voters of the county. every four years, on the first Monday in August, and vacan- cies in whose office are filled by the Governor. The sheriff gives bond in a sum not less than five thousand dollars, and receives his compensation in fees and commissions. He must have one deputy, and may have as many more as he thinks proper. The sheriff is the ministerial officer of the courts of record in his county, and, either in person or by deputy, attends upon their sessions. He is required to execute and return the process and orders of these courts, as well as all other courts of record and officers of competent authority in The State. He is the custodian of the court house and jail of his county. His criminal authority is very extensive. He is
. For an enumeration of these precinets, with their respective populations, see the tables, pages 66-76, ante.
+ See. as to this officer. pages , ante.
: are, as to these commissioners. page Is. nulf.
& See. as to justices of the peace, page 97, ente.
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HAND-BOOK OF ALABAMA.
the chief conservator of the peace within his county ; has the safe keeping of all prisoners within his jurisdiction, and is charged with the duty of carrying into execution the sentences of the courts upon them. When the office of sheriff is vacant, until filled by the Governor, and when the sheriff, by reason of interest or from any other cause, is incompetent to act, the .coroner of the county discharges the duties of the office .*
A Constable-In each election precinct, elected by the qual- ified voters of the precinct, every four years, on the first Mon- day in August, and vacancies in whose office are filled by the Governor. The constable gives bond in the sum of one thou- sand dollars, and is paid fees. IIe is the ministerial officer of the justices' courts in his precinct, and a conservator of the peace within the county. In addition to his other duties, he is required to attend the terms of the circuit courts, when summoned by the sheriff for that purpose, and to execute and return all summons, executions and other process to him directed by any lawful authority.
A Coroner-Elected by the qualified voters of the county, every four years, on the first Monday in August, and vacan- cies in whose office are filled by the Governor. The Coroner gives hond in the sum of two thousand dollars, and is paid fees. It is the general duty of the coroner to hold inquests, and perform other duties as required by law. He acts as sheriff when that office is vacant, and until a successor is appointed by the Governor; so, too, when the sheriff is im- prisoned, or is a party, and in other cases, when directed by the judge of probate.
A County Treasurer-Elected by the qualified voters of the county, every four years, on the first Monday in August, and vacancies in whose office are filled by the court of county commissioners. He gives bond in double the estimated amount of the county revenue, and is paid such compensation as may be allowed him by the court of county commissioners, in no case exceeding five per centum on the money paid out by him nor in any case exceeding the aggregate sum of one thousand dollars in any one year. It is the duty of the county treas- urer to receive and keep the money of his county, and to disburse the same according to law.
. The Sheriff is one of the State Executive Department-Constitution, Art. V, .Sec. 1, ante.
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GOVERNMENT.
A Tax Assessor- Elected by the qualified voters of the county, every four years, on the first Monday in August, and vacancies in whose office, are filled by the Governor ; gives bond in the sum of two thousand dollars, and is paid com- missions. He is charged with the duty of properly assessing and returning for collection, the State and county revenue within his county.
A Tax Collector-Elected by the qualified voters of the county, every four years, on the first Monday in August, and vacancies in whose office are filled by the Governor. His bond is in double the probable amount of taxes at any one time in his hands, and he is paid commissions on his collections. It is the duty of the tax collector to collect and faithfully pay over all taxes returned to him for collection by the assessor of the county.
Two County Surveyors-Appointed and removable by the court of county commissioners, and who hold office for three years, and are paid fees. It is the duty of the county surveyors to execute and return all orders of surveys directed to them from any court of record in the State; and make all surveys of land or lots in the county, at the request of any person interested therein, on payment or tender of their fees. Each surveyor gives bond in the sum of five hundred dollars.
A County Superintendent of Education-Appointed and removable by the State superintendent of education, who, also, fixes the amount of his bond, but not to be less than double the probable amount of money that he may have at any one time. Ile is paid seventy-five dollars per annum, and one per cent. upon the amount of all the educational fund dis- bursed by him ; and has supervision of public school matters in his county.
Township Trustees .-- In each township, or school district, there are three trustees, appointed by the county superin- tendent of education, and who are required to be freeholders / and householders, resident in the township for which they are appointed. These trustees establish the schools in the town- ship and apportion among them the school revenue coming to the township, and perform other duties in connection with the public schools in their townships."
. In most, if not in all the counties, there are a number of minor othcials, such as
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HAND-BOOK OF ALABAMA.
POLITICAL DIVISIONS OF ALABAMA.
The political divisions of the State of Alabama are counties and senatorial districts and congressional districts.
County Representation .- By the act of February 4, 1891, the number of representatives in the General Assembly of the State is fixed at one hundred, and they are apportioned among the several counties as follows : *
The counties of Autauga, Baldwin, Bibb, Blount, Butler, Chilton, Cherokee, Choctaw, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Cullman, Dale, De- Kalb, Elmore, Escambia, Etowah, Fayette, Franklin, Geneva, Greene, Lamar, Lawrence, Limestone, Macon, Marion, Mar- shall, Monroe, Pickens, Randolph, Shelby, Saint Clair, Walker, Washington and Winston are each entitled to one represent- ative.
The counties of Barbour, Bullock, Calhoun, Chambers, Clarke, Hale, Henry, Jackson, Lee, Lauderdale, Lowndes, Mad- ison, Marengo, Morgan, Perry, Pike, Russell, Sumter, Talla- dega, Tallapoosa, Tuskaloosa and Wilcox are each entitled to two representatives.
The counties of Dallas and Mobile are each entitled to three representatives.
The county of Montgomery is entitled to four representa- tives, and the county of Jefferson to six representatives.
Senatorial Districts.i- By the act of February 4, 1891, the number of Senators in the General Assembly is fixed at thirty-three, and the State is divided into thirty three senato- rial districts, as follows :
First-Lauderdale and Limestone counties.
Second-Lawrence and Morgan.
Third-Winston, Blount and Cullman. Fourth-Madison.
the county physician, keeper of the county poor house, jailor, etc., appointed either by the court of county commissioners or by the sheriff, and who hold their offices and receive such compensation and perform -nch duties as the court or sheriff may pre- seribe, and which are substantially the same in all the counties.
. For the provisions of the State Constitution on the subject of the House of Rep- Presentatives, it- organization. etc .. see Constitution, Art. IX. Sees. 2-3. ante.
+ For the provisions of the State Constitution on the subject of the Senate, its organization, etc., see Constitution, Art. IX, Sees. 1, 4.
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GOVERNMENT.
Fifth-Jackson and Marshall.
Sixth-Etowah and Saint Clair.
Seventh-Calhoun and Cleburne. Eighth-Talladega and Clay.
Ninth -- Randolph and Chambers.
Tenth-Tallapoosa and Coosa. Eleventh-Tuskaloosa.
Twelfth-Lamar, Fayette and Walker.
Thirteenth-Jefferson.
Fourteenth-Pickens and Sumter.
Fifteenth -- Chilton, Shelby and Elmore.
Sixteenth-Autauga and Lowndes.
Seventeenth -Butler, Conecuh and Covington.
Eighteenth-Perry and Bibb.
Nineteenth-Choctaw, Clarke and Washington. Twentieth-Marengo.
Twenty-first-Monroe, Escambia and Baldwin.
Twenty-second-Wilcox.
Twenty-third-Henry, Dale and Geneva.
Twenty-fourth-Barbour.
Twenty-fifth-Pike, Coffee and Crenshaw.
Twenty-sixth-Macon and Bullock.
Twenty-seventh -Lee and Russell.
Twenty-eighth-Montgomery.
Twenty-ninth-DeKalb and Cherokee.
Thirtieth-Dallas.
Thirty-first-Colbert, Franklin and Marion.
Thirty-second-Greene and Hale.
Thirty-third-Mobile .*
Congressional Districts .- Under the last apportionment by Congress the State of Alabama is entitled to nine Repre- sentatives, and the act of the general assembly of Alabama, approved February 13, 1891, divides the State into nine con- gressional districts, as follows :
First District-Consists of the counties of Marengo, Choc- taw, Clarke, Monroe, Washington and Mobile.
. The art of February 4. 1-91. provides that at the general election in 1502, Sena- tors shall be elected in the odd-numbered districts to serve for four year-, so that thereafter one-half the Senators may be chosen biennially. The Senators in the even-numbered distriets were elected in 1800.
106
HAND-BOOK OF ALABAMA1.
Second District-Consists of the counties of Montgomery, Pike, Crenshaw, Covington, Butler, Conecuh, Escambia, Bald- win and Wilcox.
Third District-Consists of the counties of Lee, Russell, Bullock, Barbour, Dale, Henry, Coffee and Geneva.
Fourth District-Consists of the counties of Dallas, Chil- ton, Shelby, Talladega, Calhoun and Cleburne.
Fifth District-Consists of the counties of Lowndes, Au- tanga, Tallapoosa, Elmore, Macon, Coosa, Chambers, Randolph and Clay.
Sixth District-Consists of the counties of Sumter, Pick- ens, Greene, Tuskaloosa, Lamar, Fayette, Marion and Walker.
Seventh District -Consists of the counties of DeKalb, Marshall, Etowah, Cullman, Saint Clair, Winston, Cherokee and Franklin.
Eighth District-Consists of the counties of Jackson, Mad- ison, Limestone, Morgan, Lauderdale, Lawrence and Colbert.
Ninth District-Consists of the counties of Jefferson, Bibb, Hale, Perry and Blount.+
ELECTION LAWS.
Officers Elected by the People .- The following officers in this State are elected by the people: Governor, Secretary of State, State Treasurer, State Auditor, Attorney-General, Superintendent of Education, Commissioner of Agriculture, Senators and Representatives of the General Assembly, Chief Justice and Associate Justices of the Supreme Court, Judges of the Circuit Court, Chancellors, Judges of the Probate Court and Judges of other inferior courts in cases not otherwise provided for by law : Sheriffs, Coroners, Clerks of the Circuit Court, Tax Assessors, Tax Collectors, County Treasurers, County Commissioners of Roads and Revenues, Constables, Justices of the Peace, Representatives in Congress, and Elec- tors for President and Vice-President of the United States.
Time of Eleeting State Officers .- The Governor, Secre- tary of State, State Treasurer, State Auditor, Attorney-
. Alabama has two Senator- in Congress and eleven presidential elector -.
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GOVERNMENT.
General, Superintendent of Education, Commissioner of Agri- culture, and Representatives in the General Assembly are elected on the first Monday in August, 1892, and every second year thereafter ; Senators from the odd-numbered districts, on the first Monday in August, 1892, and every fourth year there- after ; Senators from the even numbered districts on the first Monday in August, 1894, and every fourth year thereafter.
Time of Electing County Officers .- Sheriff's, coroners, county commissioners of roads and revenues, tax assessors, tax collectors, county treasurers (where such office exists), justices of the peace and constables are elected on the first Monday in August, 1892, and every fourth year thereafter.
Time of Electing Judicial and Ministerial Officers .-- The judges of the supreme court, chancellors, judges of the circuit and probate courts, and judges of city and other inferior courts (except in cases otherwise provided for by law), and clerks of the circuit and city courts, are elected on the first Monday in August, 1892, and every sixth year thereafter.
Time of Electing Presidential Electors and Members of Congress .- Electors for President and Vice-President of the United States are elected on the first Tuesday after the first Monday in November, 1892, and every fourth year there- after. Members of Congress are elected on the first Tuesday after the first Monday in November, 1892, and every second year thereafter.
Special Elections; When and for What Offices Held .- Special elections are held in the following cases :
1. When a vacancy occurs in the office of senator or rep- resentative in the general assembly, when the general assembly will be in session prior to the next general election for that office.
2. When a vacancy occurs in the office of representative in Congress, by which the State may be deprived of its full representation at any time Congress will be in session prior to the next general election for that office.
3. Whenever any general or special election for members of the general assembly, or for representative in Congress, is not held.
4. When any vacancy occurs in any State or county office
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HAND-BOOK OF ALABAMA.
filled by the election of people, not otherwise provided for by the Constitution or laws of this State.
5. In such other cases as are, or may be, provided by law .*
Who May Vote .- Every man, a citizen of the United States, and every man of foreign birth who has been natural- ized, or who may have legally declared his intention of becom- ing a citizen of one of the United States before he offers to vote, who is twenty-one years old, or upwards, who has resided in the State one year, three months in the county, and thirty days in the precinct or ward next immediately pre- ceding the election at which he offers to vote, is, unless within the disabilities named in the next paragraph, entitled to vote for all officers elected by the people.
Who May Not Vote .- Those who have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or other crime punishable by imprisonment in the penitentiary, and idiots and lunaties, are not permitted to vote in this State.
Loss or Acquisition of Residence .- No person loses or acquires a residence, either by temporary absence from his place of residence without the intention of remaining, or by being a student of any institution of learning, nor by navi- gating any of the waters of this State, the United States or the high seas, without having acquired any other lawful resi- dence, or by being absent from his place of residence in the civil service of the State or the United States ; nor does any soldier, sailor or marine in the military or naval service of the United States acquire a residence by being stationed in this State.
Where Voter Must Vote .- The voter must vote in the precinct or ward of his actual residence ; but if he has resided in any incorporated city in the State having a population of more than twenty thousand inhabitants, for thirty days imme- diately preceding any election, and has within such thirty days removed his residence from one ward to another in the same city, he is, after a residence therein of one day, entitled to vote in the ward in which he resides at the time of the election ; but he must first deposit with the inspectors of election in said ward the certificate of the judge of probate that he is duly
* All special election- are held on such day as the Governor may direct.
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GOVERNMENT.
registered in the ward from which he has removed, and his name must be erased or caused to be erased by the judge of probate from the registration list, immediately upon the issue of the certificate, and entered upon the registration list of the ward to which he shall have removed his residence.
Hours of Voting .- The polls, for voting, are required to be opened between the hours of eight and nine o'clock in the morning and to be kept open, without intermission or adjourn- ment until five o'clock in the afternoon and no longer.
The Ballot .- The people vote by ballot, which must be a plain piece of white paper, without any figures, marks, rulings, characters or embellishments thereon, not less than two and a half inches nor more than three inches in width, and not less than five nor more than ten inches in length, en which must be written or printed, or partly written and partly printed, only the names of the persons for whom the voter intends to vote and a designation of the office for which each person voted for is intended to be chosen.
Registration of Voters .- The law of this State requires as a preliminary to voting, and in order to preserve the purity of the ballot, that every voter shall, before he offers to vote, be properly registered, and a certificate to that effect be given him ; and to that end, there is a registrar appointed in each county, who has one assistant in each preeinet and ward. It is the duty of these officials to make this registration, and issue these cer- tificates.
LAWS RELATING TO HOLDING OFFICE.
Who May Hold Office .- By the laws of this State, the persons ineligible to and disqualified from holding office in Alabama, are : Those who are not male persons of the age of twenty-one years ; those who have not been inhabitants of the State, county, district, or circuit, the period required by the Constitution and the laws of the State; those who have been convicted of treason, embezzlement of public funds, malfeas- ance in office, larceny, bribery, or other crime punishable by imprisonment in the penitentiary ; and those who are idiots or
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HAND-BOOK OF ALABAMA.
insane ; those who have in this State, or in any of the United States, given, accepted, or knowingly carried a challenge to fight with deadly weapons ; those against whom there is a judgment unpaid for any money received by them in any offi- cial capacity, due to the United States, this State, or any coun- ty thereof : soldiers, seamen, or marines, in the regular army, or navy of the United States, and those holding offices of profit under the United States, except postmasters whose annual salary does not exceed two hundred dollars .* With these ex- ceptions, all persons resident in this State, born in the United States, or naturalized, or who have legally declared their in- tention to become citizens of the United States, may hold office in this State.
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