History of Alabama and dictionary of Alabama biography, Volume I, Part 107

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 756

USA > Alabama > History of Alabama and dictionary of Alabama biography, Volume I > Part 107

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PUBLICATIONS .- Reports, 1882-1914. 11 vols. From 1882 to 1894 consecutive, but from the last date not regularly published.

REFERENCES .- Code, 1907, secs. 546-549; Acts, 1882-83, p. 184; 1884-85, p. 122; 1896-97, pp. 840- 843; General Acts, 1909, Spec. sess., pp. 250-253; 1911, pp. 490-494; 1915, pp. 209-210; Gov. E. A. O'Neal, "Message," in Senote Journal, 1884-85, p. 16, and in 1886-87, p. 18; Gov. Wm. C. Oates, "Message," in Senate Journal, 1896-97, p. 57; Gov. Wm. D. Jelks, "Message," in Senate Journal, 1907, p. 37; Culver v. Caldwell, 137 Ala., p. 125.

EXCELSIOR COAL MINING CO. See Ten- nessee Coal, Iron & Railroad Co.

EXCISE COMMISSIONS. Official boards, provided for by act of April 6, 1911, to regu- late the manufacture and sale of spirituous, vinous, and malt liquors in the cities and towns of the State. The commissions con- sisted of three members, appointed by the governor, the member designated as chair- man serving three years, another two years, the third for one year. Strict qualifications for membership were established by the act, and careful precautions taken to prevent a board, or any member of it, being brought under undue influence in the exercise of its duties. These boards were charged with the responsibility of issuing licenses to dealers, under detailed provisions in the law with reference to the number of licenses which should be issued in cities and towns of dif- ferent sizes. Such commissions were estab- lished in several of the cities and towns; but in 1915 the legislature, by act of July 17, abolished all excise commissions in the State, and provided for the performance of their duties and the exercise of their powers by the

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HISTORY OF ALABAMA

governing bodies of towns, cities or counties. The creation of these commissions was an attempt to place the regulation of the liquor traffic in competent and disinterested hands, so that the principle of regulation, as opposed to prohibition, might be given a thorough and fair trial. On account of the shortness of the time during which the commissions were In existence, it is impossible to form an estimate of their efficacy.

REFERENCES .- General Acts, 1911, p. 249-288; Ibid, 1915, pp. 249-250.

EXCISE TAXES. See Income Tax; In- ternal Revenue.

EXECUTIVE DEPARTMENT. One of the three distinct and coordinate departments of the State Government, into which govern- mental powers are distributed. Under the constitution the "Executive Department" proper consists of a governor, lieutenant gov- ernor, attorney general, state auditor, secre- tary of state, state treasurer, superintendent of education, commissioner of agriculture and industries, as state officers, and a sheriff for each county. The supreme executive author- ity is reposed in the governor. While the executive department is thus limited in the constitution as stated, the legislature has from time to time created various depart- ments, commissions, bureaus, and boards, all of which are referred to and properly classed as executive.

To the executive department Is committed certain groups of powers, duties and activi- ties, and except in the instances in the con- stitution expressly permitted, the executive cannot exercise legislative and judicial pow- ers, or either of them. The members of the executive department have no general author- ity in the performance of duties or in the exercise of powers, but must look to the con- stitution and laws as the source of their authority, power and duty.

According to Cooley, "Constitutional Lim- itations," p. 44: "The separate departments of the Government for the exercise of the legislative, executive, and judicial powers are termed checks and balances of the republican form of government. Upon judicial action there is the legislative check and the power of the latter to prescribe rules for the courts and to restrict authority, and the executive check upon the judicial to refuse to enforce judgments which are in excess of the juris- diction. Upon the executive power is the legislative check, to restrain the action of the former, and upon it is the judicial check of the power to punish the executive depart- ment for excess of executive authority. While the legislative department had a check upon both the executive and the judicial depart- ments in the power to impeach the members of the legislative department for illegal or oppressive actions, or failure to perform offi- cial duties, or in refusing to execute the legis- Iative enactments."

Defunet Offices .- In the early history of the State provision was made for the offices of adjutant and inspector general. This of-

fice was abolished by the constitution of 1865. On January 15, 1830, an internal improve- ments (q.v.) board was created, but because of inactivity, the act of establishment was re- peated two years later. During the War, 1861-1865, one or more departments or com- missions were created because of the exi- gencies of the times, but they were subse- quently abolished. The constitution of 1867 created an office known as the commissioner of industrial resources; it was cut down by the constitution of 1875. The legislature of 1915 abolished the state board of assessment of railroad property, confederate pension ex- aminers, cotton statistics bureau, salt lands agent, state land agent, oyster commission, and the immigration commissioner. The same legislature reorganized the railroad commis- sion, increasing its power, and giving it the name of the public service commission. (See the several titles named for separate sketches. )

Existing Offices, Etc .- Existing State execu- tive offices, departments, commissions, bu- reaus and boards are noted in the following list, detailed sketches of which will be found In their appropriate places alphabetically herein, viz .:

Adjutant General;

Agriculture and Industries, Department of;

Agriculture, State Board of;

Archives and History, Department of;

Attorney General;

Auditor, State;

Banking Department;

Bar Examiners;

Capitol, Keeper of the;

Chemist, State;

Compromise of Claims, State Board of; Compromise of Land Claims, State Board

of; Convicts, Board of Inspectors of;

Dental Examiners, State Board of;

Education, Superintendent of; Embalming, State Board of;

Equalization, State Board of;

Examiners of Public Accounts;

Forestry, State Commission of;

Game and Fish Commission;

Geological Survey;

Governor;

Health, State Board of;

Highway Department, State;

Horticulture, State Board of;

Horticulturist, State;

Insurance, Department of;

Live Stock Sanitary Board;

Mediation and Arbitration, State Board of;

Mine Foreman Examiners;

Mine Inspectors;

Nurses Examiners, Board of;

Pardons, State Board of;

Pension Commission, Alabama (See Con- federate Pensions) ;

Pharmacy, State Board of;

Prison Inspector, State;

Public Service Commission, Alabama;

Purchase, State Board of;

Registrars, Board of Appointment of ;

Secretary of State;

Secretary to the Governor;

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Text-book Commission, State;

Treasurer, State;

Veterinarian, State.

See Distribution of Powers; Judicial De- partment; Legislative Department.

REFERENCES .- Constitution, 1901, secs. 42, 43, 112-138; Code, 1907, secs. 550-640; Haley v. Clark. 26 Ala., p. 439; Ingram v. State, 39 Ala , p. 247; Chisholm v. McGehee. 41 Ala., p. 197; Ex parte Screws, 49 Ala., p. 57; State v. Cobb, 64 Ala., p. 127; Fox v. McDonald, 101 Ala., p. 51; Nolen v. State, 118 Ala., p. 154; Higdon v. Jelks, 138 Ala., p. 115; Mclaughlin and Hart, Cyclopedia of American Government (1914), vol. 1, pp. 140, 350, 685; Finley and Sanderson, American Executive and Executive Methods (1908).

EXECUTIVE MANSION, THE STATE .- The official residence of the governor of the State, located in the city of Montgomery, at No. 702 South Perry Street. It was erected in 1906 and was purchased by the State from Moses Sabel, by whom it was built. The price paid was $46,500, including sundry furnish- ings. It is a two-story pressed brick struc- ture, with mansard roof, and presents a very attractive and stately appearance. Until the purchase of this building, the State had never owned an official residence for the use of its governors.

The legislature of 1911 passed "an act to make an appropriation for the purchase of a residence for the Governor of Alabama, and grounds and furnishings therefor, and for the acquisition by condemnation or purchase of any real estate necessary or beneficial for such purpose, to provide a building commis- sion for such purpose, and to make an an- nual appropriation for the maintenance of such residence," which was approved Feb- ruary 14, 1911.

A commission of seven members was pro- vided by this act, four of whom were the in- cumbents respectively of the office of governor, secretary of state, attorney general and the director of the department of archives and history, and three citizens of the city or county of Montgomery to be appointed by the governor. After the appointment of the three members required to be named by the gov- ernor, the following constituted the member- ship of the commission: Emmet O'Neal, governor; Cyrus B. Brown, secretary of state; Robert C. Brickell, attorney general; Thomas M. Owen, director of the department of ar- chives and history; and Michael H. Screws, William T. Sheehan, and William G. Coving- ton, the last three, in accordance with the law, being citizens of the city of Montgomery. The first meeting of the commission was held April 27, 1911. Other meetings were held, and the purchase of the property mentioned above was agreed upon. The deed of con- veyance bears date, May 29, and was filed for record in Montgomery County, June 1, 1911.

The act creating the commission provided $2,000 a year. "or so much thereof as, in the discretion of the governor may be necessary," which should be "paid only on the requisition of the governor, in such sums and in such

manner as may by him be deemed proper, for the general maintenance of the residence and grounds, in such manner as may to the gov- ernor appear proper or necessary." By act of February 20, 1915, this appropriation was repealed, and no other continuing appropria- tion was made for maintenance. However, the same act provided the sum of $2,000, "for necessary repairs and permanent im- provements on the governor's mansion and furnishings, the property of the State, and for the purchase of additional furnishings." This amount appears to have been insuffi- cient, and an additional sum of $2,234.11 was appropriated, September 4, 1915, to reimburse the governor "for moneys paid by him for necessary repairs and furnishings made on the governor's mansion." The general ap- propriation bill of September 28, 1915, au- thorized the expenditure of $500 a year "for the repair and upkeep, and new furnishings of the governor's mansion, to be expended solely by the governor of the State, and only for actual repairs, additions or furnishings made and delivered."

REFERENCES .- General Acts, 1911, pp. 20-22; 1915, pp. 158, 350, 937; Alabama Governor's Mansion Commission, Report, 1915 (Leg. Doe. No. 23); and Alabama Official and Statistical Register, 1915, p. 12.

positions.

EXPENDITURES. See Appropriations.

EXPOSITIONS. See Centennials and Ex- positions.

FACTORIES. See Cotton Manufacturing; Iron and Steel; Manufacturing and Manu- facturers. See also names of factories and industrial plants.

FAIRFIELD AND MACON RAIL ROAD COMPANY. See Mobile and Ohio Railroad Company.

FAIRHOPE. Post office and town on the eastern shore of Mobile Bay, Baldwin County, 15 miles west of Robertsdale, the nearest shipping point, and 35 miles southwest of Bay Minette. Altitude: 140 feet. Population: 1904-400; 1912-590. It was incorporated in 1908 under the municipal code of 1907, with corporate limits 1 mile square. It has municipally owned electric light plant, and waterworks of 40,000 gallons daily capacity, costing $12,000, a volunteer fire department, paved sidewalks, a street car line 1 mile in length, connecting the town with the beach, and operated by gasoline power. Its bonded indebtedness is $13,000 for lights and water- works, and $3,000 for school purposes, matur- ing in 1920. The city tax rate is 5 mills. The Fairhope Courier, an independent Demo- cratic weekly, established in 1894, is pub- lished there. Its industries are an ice plant, creamery, sawmill, cabinet works, machine shop, concrete works, canning factory for citrus fruit, bottling works, blacksmith shops,

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bakery, and the steamboat "Fairhope," that plys between Fairhope and Mobile. It has public schools and the School of Organic Education. Its churches are the Methodist, Baptist. and Christian.

The town was settled in 1895, on the site of the extinct town of Clifton, later called "Alahama City," by the Fairhope Industrial Association, organized and incorporated at Des Moines, Ia .. in February, 1894. The first residents were E. B. Gaston, wife and 4 chil- dren; James P. Hunnel, father and mother. They were soon joined by several hundred settlers. Mr. Joseph Fels, a large manufac- turer, has heen a steady and generous friend to the colony. Truck-farming for the north- ern markets, especially the growing of citrus fruits, Japanese persimmons. and pecans, has become an important industry of the com- munity. See Organic Education, School of.

REFERENCES .- Alfred J. Wolf, Fairhope (1907, pp. 12); Pamphlet literature, v. d.

FAIRHOPE PUBLIC LIBRARY. See Li- hraries.

FAIRHOPE TAX. In the case of Fairhope Single Tax Corporation v. Melville there is a discussion of the single tax provision of the Fairhope colony, 193 Ala., p. 289.

FAIRS. Annual meetings or conferences, previously appointed, for the exhibition of the fruits of the harvest, or the growth of in- dustry, or the objects of handicraft, usually accompanied by awards or premiums for ex- hihits of unusual excellence. They are state- wide, or cover a certain district, or a county, or part of a county, or a city or town. They are promoted by State or local societies or associations.

The social instinct, as well as economic necessity, brought the people together on court days, sales days, and at "musters." On such occasions there was an exchange of ex- periences, oftentimes an exchange of goods, and, what was most significant, the develop- ment of the value of cooperation. The native independence of the farmer long resented the thought that there was anything of value out- side of the lessons he had learned by hard ex- perience, or which he had gotten from his father The agricultural treatise and the farm journal were scorned. The gospel of the leaders, however, finally found its way over the country, and state and county agricultural and horticultural societies were rapidly organized, fairs put on, and a general im- petus given to farm life. Several good State agricultural periodicals were established. Among these were the "Cotton Planter," which hegan publication at Montgomery in 1853; and the "Soil of the South," at Colum- bus. Ga., 1851. They consolidated, January, 1857, as the "American Cotton Planter and Soil of the South," devoted to agriculture, horticulture, manufactures, domestic and me- chanic arts.

The agricultural fair in Alabama dates from the early fifties, with perhaps a few lim-

ited local exhibitions of prior date. As noted below, the Chunnennuggee horticultural society was early established, perhaps in the forties, and its annual meetings were doubt- less accompanied by fairs. During this golden era of agriculture, there were 10 societies in active ongoing in the State.

The value of the fair is thus admirably stated hy Kenyon L. Butterfield: "It per- formed a great service in diffusing new ideas, in creating an atmosphere of social unity, and in introducing better methods of farming, new types of stock, grains, and fruit, and in furthering the use of farm machinery. The educational feature was prominent. The affair often included horse-racing and was a gala day, but it had a serious purpose and did a great work. It was for all this period the chief institution for the formation and expression of rural opinion and for the conservation of rural interests."

State Fair prior to 1861 .- The Alabama State Agricultural Society was organized at Montgomery, January 10, 1855. One of its objects was to afford the people an oppor- tunity for a state wide fair. The first was held in Montgomery, Nov. 20-24, 1855, and was called "Agricultural Fair and Cattle Show." In the "Cotton Planter" for May 1855 it is referred to as the "first grand State Exhibition of the Southwest." The premium list was published in the June issue, and is a very instructive and suggestive key to the condition and aspirations of agriculture, hor- ticulture, stockraising, manufactures, dairy- ing, and the domestic and fine arts in the State.

In commenting on the list Dr. N. B. Cloud, editor of the "Cotton Planter" urges "upon the planters, mechanics and manufacturers of our State, with their wives, their sons, and their daughters, to make this our first In- dustrial Jubilee, the object of their care and especial attention." Continuing he says, "If we accomplish anything really valuable to the State, and to the industry of the people of Alabama, we must have the hearty, the ener- getic co-operation of the working men and women of the country." And again, "An Alabama State Fair is a matter of fact, on foot, fixed and tangible."

The site selected was just north of the city, "a beautiful plateau of land immediately on the bank of the Alabama river." The main building was styled the "Industrial Palace." On the days of the Fair the city was filled with visitors, and the greatest enthusiasm prevailed.

The society continued its exhibitions from year to year, with every demonstration of approval on the part of the progressive plant- ers and farmers, and with an evident improve- ment in every department of farm life. The sixth and last, however, was held from October 29 to November 2, 1860, inclusive. The war cloud broke in 1861, and the energies of the people went directly to the defense of the South through service in the army, and in the immediate and pressing task, under established conditions, of providing for the

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HISTORY OF ALABAMA

subsistence both of soldiers and non-com- batants.

Ante Bellum County Fairs .- Local agri- cultural societies preceded State organiza- tion. While they were not formed primarily for that object, all of them held annual fairs. The records are meager, but the details pre- served point to a large and useful service to agriculture and allied subjects. Their names and brief data are presented below. The first of these about which record is at hand was the Chunnennuggee Horticultural So- ciety, of Macon County (now Bullock) of which the "Cotton Planter" says: "This is one of the oldest societies of the kind in the Southwest, and of it and for it may be truly said-'It has made the wilderness blossom like the rose.'" It was organized in 1849, and its eighth annual fair was held May 1, 1856.

In 1852 the Robinson Springs Agricultural Association held its first annual fair. Its sec- ond was held Nov. 2-4, 1853. The premium list was published in the "Cotton Planter" for July of that year. It is digested as indicating the extent and scope of a local fair. Liberal prizes were offered for field crops of cotton, peavine hay, grasshay, upland corn, lowland corn, wheat, rice, field peas; cattle, native and graded; horses-stallions, broodmares, colts, match, harness and saddle horses; jacks, jennets and mules; sheep; goats; hogs; poultry-chickens, duck, geese, turkeys, pea fowls, pigeons; household arts, as curing hams, preparing lard, making soap, baking bread and cake, making preserves, jelly, pickles, catsup, jams, cordials and syrups; dairy products-as butter and cheese; domes- tic and fancy work-as making comforts, blankets, matresses, carpets, quilts, coverlets, counterpanes, socks, negro woolen cloth; fruits-apples, peaches, pears, oranges, dried fruits; manufactured articles-plows, plow stock, cotton opener, cotton gin, panel doors, blinds and sash, wardrobe, chairs, shingles, lumber, tar, turpentine, earthenware; vege- tables-irish potatoes, turnips, all other vegetables; seed; leather-boots, negro shoes, wagon harness; and fine arts-daguerreotype, painting, animal painting, fruit painting.

Other local fair associations, of which records are preserved are The Montgomery County Agricultural Society, organized about 1853, or possibly in the preceding year; the Mobile Agricultural and Horticultural So- ciety, organized in 1853; the Chambers County Fair, organized in 1854; the Pickens County Agricultural Society, 1854; . the Catoma Agricultural Society, Montgomery County, 1855; the Lowndes County Agricul- tural Society, 1856; the Tennessee Valley Agricultural and Mechanical Asociation, organized in 1857, and chartered December 15, 1859; Dallas County Agricultural Society, Selma, 1857; and the Agricultural and Hor- ticultural Socety of West Alabama, Demopo- lis, organized in 1859, and chartered Febru- ary 23, 1860.

Post Bellum Fairs .- Peace had come in 1865, to be followed by a sincere effort at a

wholehearted and patriotic readjustment on the part of the people. The State was wholly agricultural, and the soldiers who survived largely returned to the farms. As in the fifties, they found themselves always looking to an improvement of conditions, and soon the old agricultural societies were revived or new ones formed.

This period witnessed the beginnings of the larger national farm organization movement, in which Alabama had its share. By all of these organizations fairs were encouraged as educational agencies of great value to the farmers.

The date of the first general State fair after the War is not at hand, but it was prob- ably in the late sixties, and at Montgomery. The capital city has naturally been the centre of agricultural leadership and organization, and practically throughout the long period from the date just suggested to the present time, some form of Statewide farm and live stock display has been offered. The Alabama Agricultural and Mechanical Association, November 18-22, 1872, held a fair at Pickett Springs, near the city. During the years the promoting organizations varied, sometimes a private corporation, again the Grange, and again the State Agricultural Society. It was designated at different times as the Alabama State Fair, the State Fair and Exposition, the Southern Exposition, the Alabama Agricul- tural Fair, and the Alabama Agricultural and Industrial Exposition. The places at which held were on the Alabama River near the old West Point Railroad depot, at a point on the Red Bridge Road east of the city, at Pickett Springs, at Clisby Park, at Riverside (near the first site), and at Vandiver Park.

At Selma, October 26-31, 1875, the Ala- bama State Grange conducted a State Fair. The legislature, March 8, 1876, chartered the Alabama State Grange Fair, with C. C. Lang- don, S. J. Harrington, George D. Johnston, Merrill E. Pratt, Charles L. Scott, W. H. Chambers, E. M. Law, John Harris, S. S. Scott, F. A. Bates and George D. Norris as Incorporators. Power was given to "hold annual or semi-annual exhibitions of the pro- ductive industries of the State."

At Birmingham, fairs and expositions have been successfully held since the eighties. The fair grounds are located to the south- west of the city. The grounds are extensive and the buildings are well equipped.

County fairs were numerously held in the seventies, to be followed by a falling off in the two next decades. Some of these were the North Alabama Agricultural and Mechan- ical Association (Tennessee Valley), organ- ized in 1869, with grounds at Florence; Central Agricultural and Mechanical Associa- tion at Selma, about 1870; the Agricultural and Mechanical Association at Eutaw, 1871; the Agricultural and Mechanical Association of Wilcox County at Camden, 1872; the Agri- cultral, Mechanical and Horticultural Asso- cation of Mobile, 1874; the Calhoun County Fair Association, 1876; the West Dallas Agri- cultural and Mechanical Association at Or-

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ville, 1877; and the East Alabama Fair As- sociation at Eufaula, 1873.

Fairs near the State line have been held as follows: Southeast Alabama and Southwest Georgia Agricultural and Mechanical Associa- tion at Eufaula, organized in 1872; Miss- issippi and West Alabama Fair Association, at Columbus, Miss., 1901; and Mississippl Alabama Fair at Meridian, 1911.

The work of the Federal and State govern- ments in their campaigns for diversification, in soil surveys, and in promoting the live stock industry, have all served to bring about a revival of interest in local fairs. Some of the associations formed during the past ten years are as follows: Baldwin County Fair Association, Bay Minette; Black Soil Fair Association, Demopolis; Blount County Fair Association, Oneonta; Bullock County Fair, Union Springs; Carbon Hill Annual Fair, Car- bon Hill; Central Alabama Fair Association, Selma; Cherokee County Fair Association, Centre; Chilton County Fair Association, Clanton; Choctaw County Farm Demonstra- tlon and Fair Associaton, Gilbertown; Clarke County Fair Association, Thomasville; Colbert County Fair Association, Tuscumbia; Colbert County Colored Fair Association, Tuscumbia; Cullman County Agricultural and Live Stock Fair Association, Cullman; DeKalb County Fair Association, Fort Payne; Demopolis Sec- tion Live Stock and Fair Association, Dem- opolis; The Foley Fair, Foley; Gulf Coast Hale Tropical Fair Association, Mobile; County Fair, Greensboro; Henry County Fair Association, Abbeville; Jackson County Fair, Scottsboro; Limestone County Fair Associa- tion, Athens; Limestone County Negro Fair Association, Athens; Live Stock Association, Montgomery; Madison County Free Fair,

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History of Alabama and dictionary of Alabama biography, Volume I, Part 107

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869- Publication date: 1921 Publisher: Chicago, The S. J. Clarke publishing company Number of Pages: 756

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 756