USA > Alabama > Hand-book of Alabama. A complete index to the state, with map > Part 9
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t It will be remembered that Congress refused to recognize the State government established by President Johnson.
; This is known also as the " bayonet convention."
$ This date is inserted because it marks an important event in the State's his- tory-i. e., the -teress. for the time being of the Democratic and Con-ervative party.
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HAND-BOOK OF 1LAB.1M.1.
1870 -- November 26. Governor Lindsey inaugurated.
1874-November 24. George S. Houston inaugurated Gov- ernor of Alabama. *
1 1875 -- March 19. Act of the General Assembly approved, calling a convention to revise and remodel the Consti- tution of the State.
1875-August 3. General election for delegates to the State Convention of this year.
1875 -- September 6. State Convention assembled at Mont- gomery.
1875-October 2. State Convention adjourned, after adopting the present Constitution of Alabama and submitting it to the people for ratification or rejection.
1875-November 16. The Constitution of 1875 ratified by the people at a general election held on this day.
1875 -- December 6. The Constitution of 1875 became opera- tive.
1876 -- April 3. Great rain and wind storm throughout Ala- bama. This storm came from the east, and lasted nine- teen hours without intermission, and was accompanied by unusually heavy thunder and continuous rain and lightning. The rain was considered the heaviest that ever fell in Alabama.
INDIANS OF ALABAMA. -
The Indian tribes found in Alabama by the first French and English settlers, and remaining here until removed to their western reservations, were :
The Muscogees, or Creeks, called Creek's by the English, from the number of beautiful streams flowing through their vast country. This was the most extensive of the Alabama tribes, and in time absorbed a great number of lesser ones, including the once powerful Alabamas, from whom the river and State of Alabama took their name. Removed to the west in 1897.
* This date is inserted for the reason that, with the inauguration of Governor Hon-ton, came the beginning of those reforms in the administration of the State government which have been since so vigorously ald successfully prosecuted.
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HISTORICAL.
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The Choctaws, to whom the English gave the name of Flat- Heads, from their habit of flattening the foreheads of their infants by a process of compression. What was left of the Mobilians by DeSoto, eventually became incorporated with this tribe. The Choctaws were removed to the west in 1830.
The Chickasaws, one of the most warlike, fierce and pow- erful tribes in North America. Removed to the west in 1834.
The Cherokees, from CHERA, fire --- their prophets being called CHERATAGHGE, that is, men of divine fire. Removed to the west in 1836 .*
* There were many other small tribes in Alabama, but, in the course of time, they all became absorbed in one or the other of these four great one -.
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PART SECOND.
GOVERNMENT OF ALABAMA AND ITS STATE AND COUNTY OR- GANIZATIONS ; POLITICAL DIVISIONS; ELECTION LAWS, AND LAWS RELATING TO THE HOLDING OF OFFICE.
GOVERNMENT OF ALABAMA AND STATE ORGANI- ZATION.
The government of Alabama is republican in form, and, by its Constitution *, divided into three distinct co-ordinate de- partments, namely, the legislative, the executive and the judi- cial, each supreme in its sphere.
The Legislative is the law-making department of the State goverment, and consists of a General Assembly, com- posed of a Senate of not more than thirty-three memberst, and a House of Representatives of not more than one hundred, apportioned among the several districts and counties of the State in a manner prescribed by law. Senators are elected every four, and Representatives every two years, on the first Monday in August.# The General Assembly meets biennially, on Tuesday after the second Monday in November, at Mont- gomery, and its sessions are limited to fifty days. The Senate is presided over by a President, and the House of Representa- tives by a Speaker, chosen, respectively, by those bodies.
. For the full text of this Constitution, see ante, page- 9-41.
t The number at present 1895 is, 33 Senators and 100 Representatives.
; For the qualifications of Senators and Representatives, see onte, Constitution, Art. IV., Sec. 4.
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Each house selects its own officers, and is the sole judge of the election, returns and qualifications of its members. The President of the Senate and the Speaker of the House receive, each, six dollars a day for their attendance on the sessions of the General Assembly, and mileage of ten cents a mile in going to and returning from the seat of government. Sen- ators and members receive, each four dollars a day and the same mileage.
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The Executive department of the State government is composed of a Governor, Secretary of State, Treasurer, Aud- itor, Attorney-General and Superintendent of Education .*
The Governor is the supreme executive power of the State, and the head of the Executive Department, and exer- cises a general superintendence over the other officers of that department : he is styled " The Governor of the State of Ala- · bama;" is elected biennially at the general election on the first Monday in August t, and his term of office is two years : he must be at least thirty years of age when elected, and must have been a citizen of the United States ten years and a resi- dent citizen of this State at least seven years next before the day of his election : he resides at the seat of government ; sees that the laws are faithfully executed ; keeps the General As- sembly informed as to the condition and welfare of the State ; may remit fines and forfeitures in a manner prescribed by law ; grants reprieves and commutations of sentence ; has the power to pardon, except in cases of treason and impeachment ; approves or vetoes the enactments of the General Assembly ; and is commander-in-chief of the military forces of the State. The salary of the Governor is $3,000 a year. In case of his disqualification from.any cause, the President of the Senate takes his place, and if the latter is disqualified also, the Speaker of the House.
The Secretary of State is, next to the Governor, the most important officer of the Executive Department. We must be not less than twenty-five years old when elected, and must have been a citizen of the United States not less than seven years, and must have resided in this State not less than five
. By the Constitution. Art. V., See. 1. sheriff's constitute part of the Executive Department, but. for the purpose of this " Hand-Book," they will be more appro- princely treated of under the title County organisation. post. page 101.
+ The last election for Governor was in August, 1992.
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HAND-BOOK OF ALABAMA.
years next preceding his election. He is elected at the same time as the Governor; * holds office for two years, and must reside at the seat of government: he is the eusto- dian of the great seal of the State, and authenticates there- with all the Governor's official acts, except his approval of laws and resolutions : he is also the custodian of all the origi- nal statutes and public records of the same, and certifies copies of such when required: he attests all commissions, grants, pardons and other public documents from the Gov ernor, seals them with the great seal of the State, when neces- sary, and certifies copies of them, -- and has many other im- portant duties devolving upon him by the Constitution and laws of the State. His salary is 81,800 a year, and his official bond $10,000. Any vacancy in his office is filled by appoint- ment of the Governor.
The State Treasurer, under the superintendence of the Governor, is the principal financial officer and agent of the State. He has the custody and control of all the revenues and public funds of the State, and disburses the same on warrants drawn by the State Auditor. His qualifications, as to age, cit- izenship and residence, are the same as those of Secretary of State, and he is elected at the same time and holds office for the same term as that officer.+ His salary is $2,100 a year, and his official bond is $250,000. In case of a vacaney in his office, the Governor fills the same by appointment. He must reside at the seat of government.
The State Auditor superintends the fiscal affairs of the State, and is one of the most important of the executive officers. His duties in connection with the State's revenues are numerous and responsible : Ile audits and adjusts all the accounts of the State, and the accounts of all its public officers, and all claims against the State: he directs the forms to be used in the assessment and collection of the State taxes ; and the public funds are disbursed by the Treasurer on his warrants only. His qualifications as to age and citizenship, and his term of office are the same as those of the Secretary of State; and he is elected at the same time, on the first Monday
.
. The last election for Secretary of State wa- in August. 1802.
The last election for State Treasurer was in Augu-t, 1892.
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GOVERNMENT.
in August, every second year .* He must reside at the seat of government ; and his salary is $1,800 a year, and his official bond is $20,000. Any vacancy in his office is filled by the Governor.
The Attorney-General is the law officer of the State and legal adviser of the Governor and other members of the Exec- tive Department, who may, at any time, require his opinion on any question of law connected with the interests of the State. Hle prepares all contracts and writing's in relation to matters in which the State is concerned, and represents the State, in its supreme court, in all criminal proceedings ; and in all civil causes in that court and the courts of Montgomery county, and, when required by the Governor, in the courts of the other States or of the United States. His qualifications and term of office are the same as those of the Secretary of State, and, like him, he is elected every second year on the first Monday in August. i
His salary is $2,500 a year, and his official bond is $10,000. He resides at the seat of government. The Governor fills any vacancy in the office.
The Superintendent of Education has supervision of the public schools and educational interests of the State, and de- votes his time to the care and improvement of such schools and the promotion of public education. All publie school officers report to him in regard to the educational fund and the condition and management of the schools under their charge, and he can remove any such officer for any failure to perform his official duties. He is required, as far as practicable, annu- ally to visit every county in the State, to inspect the same and their management, and the accounts of the school officers, and for other useful purposes. He apportions and distributes and sees to the proper disbursement of the school funds, and re- quires and supervises the collection of the poll tax. ¿ In addition to these, he has many other important duties to per- form in connection with the educational interests of the State, and his office is a very useful and responsible one. Ile is
. The last election for Auditor was in August, 1-92.
t The last election for Attorney-General was in 1892.
# The poll tax is an annual tax of $1.50 on every mate inhabitant of the State (not specially exempt. between the ages of 21 and 45, levied exclusively for school purposes.
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HAND-BOOK OF ALABAMA.
elected at the general election with the Governor and other officers of the Executive Department, on the first Monday in August, * and holds office for two years. Any vacancy in his office is filled by the Governor. Ilis salary is $2,250 a year, and his official bond $15,000. He keeps his office at the Capital. +
The Commissioner of Agriculture .- This officer and his department are not provided for by the Constitution of the State, and, strictly speaking, he is not one of the State Execu- tive Department ; but as he is an important State officer, with jurisdiction co-extensive with the State, he may, with much propriety, be ranked as a member of that department, and be treated of as such in this place. By the act of the Legislature, approved February 17, 1885, a " Department of Agriculture," under the management of a "Commissioner of Agriculture," was established. The Commissioner is required to be a prac- tical and experienced agriculturist; he is appointed by the Governor # and holds office for two years. His salary is $2,100 a year and his official bond $5,000. $ He keeps his office in the State Capitol. His duties relate wholly to the agricultural, horticultural and kindred industries of the State, and he is re- quired to promote the same by all proper means at his disposal and in the various ways specifically enumerated in the Act creating his office. ||
The Judicial Power of the State, by its Constitution, is vested in the Senate, sitting as a court of impeachment ; a supreme court; circuit courts ; chancery courts; courts of probate ; such inferior courts of law and equity, to consist of not more than five members, as the General Assembly may from time to time establish, and such persons as may, by law, be invested with powers of a judicial nature. Justices of the peace, and notaries public with the powers of a justice of the
. . The last election for superintendent of Edneation was in August, 1892.
tNeither the Constitution nor any statute of the State prescribes specifically any qualifications, as to age and residence, for the Superintendent of Education, and he is left to the operation of Article 1. Section 2 of the Constitution : and Section 241 of the Code of Alabama : Ist, requiring all officers to be 21 years of age.
+ By an act approved February 18, 1:01, the office is declared elective, to be filled at the general election in 1×92, and every two year- thereafter.
$ The statute creating the office prescribes no qualifications of the Cominis- sioner. as to age and residence, and he is, in this regard, left to the operation of the Constitution, Art. I. See. 2.
See the art of February 17, 1885, creating the office of Commissioner of Agri- culture, for a specification of his duties.
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GOVERNMENT.
peace, are also provided for by the Constitution. Under this Constitutional grant of authority to establish inferior courts, the General Assembly has established, in most of the princi- pal cities of the State, city courts, and courts with criminal jurisdiction only,* county courts, and courts of county com- missioners, with jurisdiction more or less limited or special.
The Supreme Court is the highest of the State Courts, and the court of final resort. Its jurisdiction, except in the trial of certain impeachments i and the exercise of its consti- tutional power to issue writs of injunction, habeas corpus, quo warranto, and such other remedial and original writs as are necessary to give it a general superintendence and control of inferior jurisdictions,-is appellate only, co-extensive with the State. This court is held at the seat of State government, and consists of one chief justice and such number of associate justices as may be prescribed by law. The court, at present, consists of a chief justice and four associate justices. The jus- tices are elected by the qualified voters of the State, every six years, at the general election on the first Monday in August. # Vacancies in the office of justice are filled by the appointment of the Governor. The regular term of the supreme court commences on the first Tuesday in November in each year, and continues until the last day of the next June ; and the court may hold special terms. The annual salary of each jus- tice is 83,600. The officers of the court are a clerk, appointed by the justices, and who gives bond in the sum of $5,000, and is paid fees; marshal, also appointed by the justices, and who is, also, librarian of the supreme court and State libraries, and whose bond is $1,000, and annual salary $1,500; and a reporter of the decisions of the court, appointed by the justices, and who receives $900 for each volume of reports reported and published by him. The chief justice may, also, aufpoint a secretary, whose annual salary is not to exceed $1,500. $ !
. For the jurisdiction of the-e inferior courts, see the acts creating them.
+ See Constitution, Art. 7, See. 2, onte.
# The next election for justices is in August, 1-32.
& The Attorney General, er-ufficio, i- an officer of the supreme court.
For the qualifications of the justices of the supreme court, see Constitution, Art. 6, see. 14, ante.
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. HAND-BOOK OF ALABAMA.
.
The Circuit Courts .- The Constitution provides that the General Assembly shall divide the State into convenient cir- cuits, not to exceed eight in number, unless increased by a two-thirds vote of that body ; and that no circuit shall con- tain less than three nor more than twelve counties, and that for each circuit there shall be chosen a judge .* At present, the State is dived into ten judicial circuits, numbered, consec- utively, from one to ten.i The presiding judge is called "circuit judge." He is elected by the qualified electors of the circuit, once in every six years, at the general election on the first Monday in August. # Vacancies in his office are filled by the appointment of the Governor. His annual salary is $2,500. $ Terms of the circuit court are held twice a year in each county, at stated periods, at the courthouse, and con- tinue for a longer or shorter time, as the Legislature has pre- scribed. Special terms may be held in the discretion of the judge. The circuit court is a court of general jurisdiction, and has original jurisdiction of all felonies and misdemeanors ; of all actions for libel, slander, assault and battery, and of ejectment, without regard to the amount involved ; and of all other suits and actions at law, when the matter or sum in con- troversy exceeds fifty dollars ; and appellate jurisdiction of all civil actions cognizable before a justice of the peace, and in such other cases as may be provided by law. It has, also, general superintendence over all inferior jurisdictions. The circuit judge has authority to grant writs of certiorari, super- sedeas, quo warranto, mandamus, and all other remedial and original writs grantable by judges at common law ; and writs of injunction and ne ereut, returnable into the courts of chan- cery. The officers of a circuit court are, a clerk and a sheriff || in each county, and a solicitor ** in each circuit. Civil and - criminal trials in the circuit court, except in a few instances,
· See Constitution, Art. 6, Sec. 4, ante.
t For the counties composing these circuits, see APPENDIX.
# The next election for circuit judges will be in August, 1892.
$ For the qualifications of circuit judges, see Constitution, Art. 6, Secs. 4. 14. .. For the qualifications, terms of offre, powers and duties of the clerk and sheriff, see the titles under head " County Organization, post : page 101.
* * The Constitution, Art. 6, Sec. 25, ante, provides that a solicitor for each judi- cjal circuit shall be elected by the General Assembly, to hold office for six years ; and that the General Assembly may provide for the election or appointment of county solicitors. A number of the counties have county solicitors. The solicitor is the public prosecutor in his circuit or county.
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GOVERNMENT.
are by jury, and criminal trials on the indictment of a grand jury.
The Chancery Courts .- The Constitution empowers the General Assembly to establish a court or courts of chancery, with original and appellate jurisdiction: the State to be divided into convenient chancery divisions, not to exceed three in number, unless increased by a two-thirds vote of that body, and the divisions into districts, and for each division there shall be a chancellor. The State, at present, is divided into four chancery divisions, namely, the Vortheastern, the North- . western, the Southeastern and the Southwestern ; and the divis- ions are sub-divided into chancery districts,* and for each district there is an officer styled "register in chancery," appointed by the chancellor, and who holds office during the term of the chancellor making the appointment, and who gives bond and is paid fees. Two terms annually, at stated periods, of longer or shorter duration, as the Legislature has prescribed, are held by the chancery courts in each district, and special terms may be held when necessary. The chancellors are elected by the qualified voters of the division, every sixth year, at the general election on the first Monday in August.t The annual salary of the chancellor is $2,500. The powers and jurisdiction of courts of chancery extend to all civil causes in which a plain and adequate remedy is not provided in the other judicial tribunals ; to all cases founded on a gam- bling consideration, so far as to sustain a bill of discovery, and grant relief; to subject the equitable title or claim to real estate to the payment of debts; and to such other cases as may be provided by law. Chancellors may also exercise the ordinary jurisdiction granted to that officer by the common law, in cases of necessity, when adequate provision has not been made for its exercise by some other officer, or in other courts, and with the exceptions, limitations and additions im- posed by the laws of this State. The courts of chancery pro- ceed without jury, but may call a jury for the trial of con- tested facts, or send the issue to the circuit court for such trial there. The register in each district is to the court of
. For the counties composing these divisions and districts, see APPENDIX.
+ The next elretion for chancellors will be in August, 1:32. For their qualifica- tions, see Constitution, Art. 6, Sees 7, 14, ante. .
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HAND-BOOK OF ALABAMA.
chancery what the clerk in each county is to the circuit court, except that his powers and duties are more extended and his discretion greater. He administers all oaths in chancery cases, and issues all process from his court, makes orders of publication for defendants, grants decrees pro confesso, hears exceptions, issues attachments and process of sequestration, performs the duties of master, makes interlocutory decrees and orders in vacation within certain restrictions, appoints receivers in vacation, and discharges many other important and necessary duties. The sheriff is the ministerial officer of the court of chancery.
Probate Courts .- A judge, styled judge of probate, is elected in each county by the qualified voters thereof, once in every six years, at the general election on the first Monday in August. Vacancies in his office are filled by the Governor. This judge gives bond in a sum not less than $5,000, and is paid fees. He has original jurisdiction of the estates of decedents, minors and persons of unsound mind; of the probate of wills ; granting and revoking letters testamentary and of administration ; the control of executors and adminis- trators ; the appointment and removal of guardians for minors and those of unsound mind; the binding out of apprentices and settling their disputes with masters; the allotment of dower in most cases; the partition of lands within their county ; changing the names of persons ; and of many other important matters. The judge of probate may also admin- ister oaths in a great variety of cases ; and grant writs of habeas corpus, and writs of certiorari on any civil judgment of a justice returnable into the circuit court. All deeds, con- veyances, and other instruments required by law to be re- corded, must be recorded in his office.
The judge of probate must keep his office at the county courthouse, and must hold monthly terms of his court, and may hold special or adjourned terms. For certain purposes his court is deemed always open, except on Sundays. The judge may employ a clerk, but at his own expense. The sheriff is the ministerial officer of the probate court and at- tends its terms.
Justices of the Peace. - Every county is divided into con- venient election precinets, and within the limits of each of
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GOVERNMENT.
these are two justices of the peace, elected every four years, by the qualified voters of the precinct. Vacancies in the office of justice of the peace are filled by the Governor. A justice gives bond in the sum of $1,000 and is paid fees. The justice has original jurisdiction within his county, of all actions founded on contract when the sum claimed does not exceed $100, of all actions founded on any wrong or injury, when the damages claimed do not exceed 850, except in actions for libel, slander, assault and battery and actions of ejectment, of which actions they have not jurisdiction; of all actions of forcible entry and unlawful detainer ; of all actions brought to recover specific property, where the value does not exceed $100, and in such other cases as jurisdiction is, or may be, given by law, not contrary to the Constitution. Except in a few cases, the justice proceeds without a jury. In his ministerial capacity a justice has authority to administer oaths and take affidavits, except where the power is expressly restricted to some other officer, and to take and certify the acknowledgment or pro- bate of deeds and conveyances required to be recorded. The criminal jurisdiction of a justice, within his county, extends to the arrest, examination and discharge, or commitment, of all persons charged with felony or the higher grades of misde- meanors ; and concurrently with the county court, he has ju- risdiction, with the right of appeal only, of violations of Sun- day, vagrancy, assaults, assaults and batteries, and affrays in which no stick or other weapon is used, and, when the value of the commodity does not exceed $10, of larceny, obtaining money under false pretenses, embezzlement, and receiving stolen or embezzled goods. He is, also, charged with a duty in reference to the failure of persons to work the public roads, deserters from ships, estrays, trespass by cattle upon enclosed ·land, and in many other important instances. He has juris- diction, also for the purpose of binding over persons to keep the peace ; in bastardy cases, and for the issuance of search warrants. In all cases tried before a justice, the right of ap- peal, without the pre-payment of costs, is secured by the Con- stitution. The constable is the ministerial officer of the justice's court .*
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