History of Alabama and dictionary of Alabama biography, Volume I, Part 113

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 113

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Presidents .- R. O. Meek, 1896-1900; H. J. Willingham, 1900-1907; Leonard L. Vann, 1907-1911; Algernon S. Ford, 1911-1913; John M. Crowell, 1913-1915; C. V. Thomp- son, 1915-1917; Reuben O. Dykes, 1917 -.

See Agricultural Schools.

REFERENCES .- Code, 1907, secs. 59 et seq; Owens, Secondary agricultural education in Alabama (1915); Acts, 1894-95, pp. 368, 581; 1896-97, pp. 274, 465; General Acts, 1903, p. 259; 1907, pp. 187. 198; 1911, pp. 575, 627; Catalogues, 1897-1917; Rules and regulations (1914).

FIGS. See Fruits.

FIN' HALUI. A Lower Creek or possibly a Seminole town. However, the Creek cen- sus of 1833 lists a Yuchi settlement as High Log, which may suggest a different genesis. It was also known by this name among the Indian traders. In Wayne County, Georgia, between the lower Altamaha and Satilla Riv- ers, there is a Finholoway Swamp.

REFERENCE .- Gatschet, in Alabama History Commission, Report (1901), vol. 1, p. 396.

FINANCES, THE STATE. The funds or monies, raised by ad valorem taxation, li- censes, fees and other sources, available in defraying the expenses of the State govern- ment. In a strict and technical sense the foregoing embodies the meaning of the phrase, but in a wider sense all questions involving taxation and revenues, appropriations, and the State official machinery for administer- ing the laws on these subjects are involved in any consideration of State finances.

Reference must be had to the constitution and statutes for the amount and subject mat- ter of taxation, equalization, the preparation of the State budget, appropriations and ex- penditures, auditing, and the examination and review of disbursements. Both the con- stitutional and legal history of the State in- dicate the progressive development of both theory and practice, resulting in a more lib- eral appreciation of tax burdens, and an enlargement of the subjects of taxation and methods of procuring revenue.

In the early history of the State the ex- penses of administration were comparatively small. Through the supposed profits of the State bank and its four branches the State was relieved from taxation for a few years, but in 1837 direct taxation was resumed. Corporation and license taxes in recent years have witnessed a large development. Inheri- tance and income taxes will undoubtedly be imposed in the near future. The official agen- cies for the administration of State finances are the State auditor and the State treasurer. In 1897, a State tax commissioner was pro- vlded, an office which has grown in impor- tance, and which is now represented by the elaborately organized State Tax commission.

Expenditures are only authorized on spe-

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cial appropriations made by the Legislature. Until 1919, the Legislature acted in deter- mining the extent and character of appropri- ations through the committees on finance and taxation of the Senate, and appropria- tions of the House of Representatives, usu- ally acting in conference with the governor. The absence of any central directing agency is thought to have brought about an uneven distribution of State funds for official and institutional uses, and at the same time to embarrass the State treasury by demands in excess of the revenues. The result of this condition brought about the establishment of. the budget commission by the spring ses- sion of the Legislature of 1919. To further conserve the funds of the State by unifying and centralizing expenditures of State offices and institutions, a board of control and economy was created by the same session. To supervise expenditures and to encourage better systems of accounting, examiners of public accounts are provided.

For further and detailed discussions of all phases of the subjects suggested in the fore- going.

See Appropriations; Auditor, the State; Board of Control and Economy; Budget Com- mission; Contingent Fund; Examiners of Public Accounts; Excise Commissions; Equal- ization, State Board of; Fiscal Year; State Bank and Branches; State Debts; Taxation and Revenues; Treasurer, the State; Flush Times.

REFERENCES .- Citations under titles in the preceding paragraph.

FIRE CLAYS. See Clays, Kaolins and Shales.

FIRE INSURANCE. See Fires; Insurance; Insurance, Department of.

FIRES. In Alabama, the wilful setting fire to or burning of any steamboat or ves- sel, prison or jail, house or building, church, meeting house, courthouse, town house, col- lege, academy, banking house, warehouse, cotton house, gin house, store, manufactory, mill, car, car shed, barn, stable, bridge, cause- way, or turnpike gate is arson. There are three degrees of arson, depending upon the circumstances under which the crime is com- mitted or attempted, for which severe penal- ties are prescribed.

Incendiarism .- Burning a building or other insured property with intent to defraud the insurer, or casting away a boat or vessel with intent to injure or defraud the owner or the insurer; wilful and malicious setting fire to or burning fences, stacks, piles, or shocks of corn, cotton, fodder, grain, straw, or hay, lumber or other building material, or crops not gathered in the field of another; setting fire to timber, woods, lands, or marshes, "so as to cause loss or injury to another;" the taking from the fence or enclosure of another, of any rail or other material to be used as fuel; and threatening to burn, injure or de- stroy any of the structures or property enum-

erated above are all incendiary acts, which subject the offender to severe punishment.

Accidental Fires .- The crime of arson is a wilful act. Negligence or mischance cannot make one guilty of arson. It is not a mere burning, but must be wilful and criminal. Negligent burning of buildings or other property is punishable. under the provisions of the criminal code; but accidentally set- ting fire to or burning either buildings or property, where reasonable care has been used and there is no element of negligence or carelessness, is not criminally punishable, nor may an individual or corporation be held financially responsible for losses to others which are caused by such accidental fires, unless caused or contributed to by negligence. Practically every legal phase of such occur- rences has been passed on by the supreme court in a long line of decisions, the more important of which are noted below.

Prevention and Investigation .- Cities and towns have full power under the State laws to maintain and operate volunteer or paid fire departments, and to prescribe fire limits, adopt building laws, require the equipment of buildings with serviceable fire escapes, etc. The maintenance of fire escapes on ho- tel buildings, however, is specifically re- quired by the State laws. Besides the agen- cies existing in the municipalities, the State maintains an insurance department (q. v.) for the regulation of the business of insurance and to aid in the prevention and in the in- vestigation of fires. One of the officers of the department, known as the "Fire Mar- shal," is charged with the duty of investi- gating and devising means of preventing fires both in urban and in rural communities. For the purpose of bringing home to the people a realization of the enormous losses result- ing from fires, and to stimulate popular in- terest in preventive measures, the legisla- ture adopted a resolution, September 25, 1915, requesting the governor to issue his proclamation designating October 9, 1915, as Fire Prevention Day in Alabama, to be ob- served by "fire drills in public schools, the inspection of fire apparatus everywhere, and the removal of all dangerous rubbish from public and private buildings and premises."

Forest Fires .- The prevention of forest fires is especially provided for, in addition to the provisions of the criminal code, by sections 8, 10, 11 and 12 of the act of No- vember 30, 1907, creating the State forestry commission. The first requires a forest warden, when he sees or has reported to him a forest fire, "to repair immediately to the scene of the fire, and to summon such persons and means as in his judgment seem expedient and necessary to extinguish said fire." The others fix penalties for indi- viduals or corporations, who "maliciously or with intent" set fire to any "woods, brush. grass, grain, or stubble on lands not their own, or on their own lands "without giving adjacent land owners five days' written notice unless they shall have taken all possible care, and precaution against the spread of

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such fires to other lands not their own;" or who fail to equip "logging and railroad lo- comotives, donkey or threshing engines and other engines and boilers operated in, through and near forest or brush, which do not burn oil as a fuel with appli- ances to prevent the escape of fire, and sparks from the smoke stacks thereof, and with de- vices to prevent the escape of fire from ash- pans and fire boxes."

Further penalties for causing forest fires are prescribed in sections 6906, 6907 and 6908 of the code of 1907, which refer, re- spectively, to the wilful burning of woods or forest on uninclosed lands; to the wilful setting afire of pine forests which are used for the purpose of obtaining turpentine; and to the negligent communication of fire to any pine or other forest.

Fire Hunting .- The practice of hunting deer at night with fire, within 4 miles of any settlement, was prohibited by an act of the Mississippi Territorial Legislature, Feb- ruary 10, 1803. This law was amended by the State legislature, December 12, 1822, "to suppress the evil and pernicious Practice of Fire-Hunting," which provided a penalty of $50 for each offense, whether committed within 4 miles of a settlement or not.

See Insurance; Insurance, Department of. REFERENCES .- Toulmin, Digest, 1823, pp. 207, · 368, 370; Code. 1907, secs. 1264, 1265, 4485, 4584-4587, 6295-6297, 6300, 6302-6305, 6906-6908, 7095, 7096; General Acts, 1907, pp. 195-197; Ibid, 1909, pp. 322-326; 1911, pp. 685-689; 1915, pp. 834-838, 882-883; Edwards v. Massingill, 3 Ala., p. 406; Bain v. Hodges, 4 Ala., p. 425; Cox, Brainard & Co. v. Peterson, 30 Ala., p. 608; Hibler v. McCartney, 31 Ala., p. 501; Graham's case, 40 Ala., p. 659; Louisville & Nashville R. R. Co. v. Oden, 80 Ala., p. 38; Louisville & Nash- ville R. R. Co. v. Reese, 85 Ala., p. 497; Western Ry. Co. v. Little, 86 Ala., p. 159; Louisville & Nashville R. R. Co. v. Miller, 109 Ala., p. 500; Louisville & Nashville R. R. Co. v. Malone, Ibid, p. 509; Louisville & Nashville v. Cowherd, 120 Ala., p. 51; Louisville & Nashville R. R. Co. v. Marbury Lumber Co., 125 Ala., p. 237; Ala. Great Southern R. R. Co. v. Johnston, 128 Ala., p. 283; Robinson v. Cowan, 158 Ala., p. 603.

FIRST DISTRICT AGRICULTURAL

SCHOOL. (Jackson.) One of the nine agri- cultural schools and experiment stations or- ganized in the several Congressional districts of the State. The purpose of this system of schools is free scientific instruction in agri- culture and allied branches, as indicated by section 67 of the Code of 1907:

"Scientific and practical agriculture shall be. taught at all the agricultural schools, and all male pupils over ten years of age who receive free tuition therein shall be required to take the course in scientific agriculture and horticulture, and all other pupils over the age of ten years receiving free tuition shall be required to take the course in flori- culture and horticulture."

The courses of study, work in the experl- ment station, and administration generally

are directed by a central board of control consisting of the governor, commissioner of agriculture and industries, superintendent of education, and two bona fide electors of the district, the latter appointed by the governor with four year terms of office.

The campus includes 4 acres, and the ex- periment station grounds 49 acres, equipped with modern farming implements, and with good grades of live stock. There is no tui- tion charge, except for special work. Regu- lar academic work is required, covering four years, and in addition courses in cooking, sewing, piano, voice, expression, farm book- keeping, agricultural and mechanical train- ing are offered. Dipolmas are awarded on the completion of prescribed courses. There are chemical and physical laboratories. Branches of the Young Men's Christian As- sociation and Young Women's Christian Association are active. There are two lit- erary societies in the school, the Lanier and Tutwiler, the work of which consists in de- bates, the delivery of orations and declama- tions, and the preparation of essays. The library has a good collection of books, maga- zines and newspapers, accessible to the stu- dents daily. Instruction in the keeping of farm accounts, and in necessary business forms, is given. An alumni society was or- ganized in 1915. Lists of graduates appear in the catalogues.

History .- The school at Jackson, in Clarke County, was established by the legislature, February 18, 1895, along with four others. A commission consisting of the governor, superintendent of education and commis- sioner of agriculture, however, fixed the lo- cation, after real estate and buildings for the use of the school, not less than $5,000 in value, had been donated and conveyed to the State. A board of control was provided, in- cluding the commissioner of agriculture, the director of the experiment station at Au- burn, and "five progressive farmers, actually engaged" in farming, three of whom were required to reside within 10 miles of the school. General power was conferred to elect a director, a principal and teachers. Author- ity was given to purchase not exceeding 50 acres of land, "taking title to the State," on which to erect necessary buildings. Two years later, February 15, 1897, the board was required to elect professors and teachers every four years, one of whom was to be president; and the same act conferred power "to grant diplomas, certificates or other evidences of scholarship." During its early years it was known as Jackson Agricultural College.

The legislature, January 30, 1897, in or- der to secure uniformity of support, admin- istration and ideals, provided a new system of regulation of the several agricultural schools. The governor, within 30 days was required to appoint new boards of five mem- bers each, "a majority of whom shall he men whose principal business is farming," and of which the superintendent of educa- tion and the commissioner of agriculture

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were ex-officio members. The president or principal was made director of the experi- ment station. Among other things the act contained section 67 of the Code of 1907. before quoted. In 1903, September 30, the system was still further reorganized by pro- viding for a new board of three ex-officio and two appointive members, as at present constituted.

Support .- The act of establishment, Feb- ruary 21, 1895, provided annually, for equip- ment and improvements, "an equal amount to the sum appropriated to each of the other agricultural schools in the State," but lim- ited the expenditure for lands and the erec- tion of buildings to $1,000 from the appro- priation. At the same session the tag tax law was amended, February 4, 1895, so as to appropriate 25 cents a ton, or one-half of such tax, for equal division among the sev- eral branch agricultural experiment stations and schools. Under act of January 30, 1897, the annual appropriation for maintenance was fixed at $2,500, but not less than $500, was to "be used in maintaining, cultivating and improving" the farm, and "making agri- cultural experiments thereon." The appro- priation was increased to $4,500, March 2, 1907, of which $750 was to be used in the work of the experiment station. In 1911, April 22, the legislature further increased the annual appropriation to $7,500, but of this amount $3,000 was available only on the approval of the governor, in whole or in part from time to time, as the condition of the treasury might warrant. This sum, how- ever, the governor has never released.

On September 30, 1918, its report to the State superintendent of education showed buildings and site valued at $8,000; equip- ment $508; 4 teachers; 79 pupils; 700 vol- umes in library, valued at $600; and State appropriation $4,500.

Presidents .- Rev. Thomas S. Clyce, 1896- 1900; J. B. Murphy, 1900-1902; Douglas Al- len, 1902-1908; W. F. Monk, 1908-1909; J. W. Watson, 1909-1913; R. L. Reaves, 1913-1914; J. J. Moore, 1914-1918; Fred M. Nelson, 1918 -.

See Agricultural Schools.

REFERENCES .- Code, 1907, secs. 59 et seq; Owens, Secondary agricultural education in Alabama (1915) ; Acts, 1894-95, pp. 368, 581; 1896-97, pp. 465, 962; General Acts, 1903, p. 259; 1907, p. 198; 1911, p. 627; Catalogues, 1896- 1917; Bulletins, 1903-1910, irregular; Rules and regulations (1914).

FIRST WHITE HOUSE OF THE CONFED- ERACY. See White House Association of Alabama; Davis, Jefferson.

FISCAL YEAR. The full 12 months pe- riod with a definite beginning and ending, fixed by law for which financial accounts of the State, counties, municipalities, institu- tions and other government agencies are kept. Generally the word "year" in the laws of the State means a calendar year, but on April 22, 1911, the legislature declared that where- ever "used in reference to any appropriation

for the payment of money out of the State treasury that the word year shall mean fiscal year unless otherwise expressed." In Ala- bama the fiscal year ends on the thirtieth of September.

Spotted, Etheostoma maculatum.

All taxes and licenses are paid for and cover the fiscal year, with the exception of franchise corporation taxes, licenses issued by the insurance department, and licenses issued by the game and fish department which run for the calendar year. The fiscal year of the United States ends June 30, and the appropriations and expenditures made by the State in collaboration or cooperation with the Federal Government conform to that period.

REFERENCES .- Code, 1907, secs. 8, 614, 679- 681, 2365; General Acts 1911, pp. 14, 629; 1915, pp. 318, 624-625; Williams, Probate Judge v. State er rel Mobile Light & Railroad Co., 195 A.a., p. 118.

FISH PONDS, OR FISH POND TOWNS. See La 'lo-kalka.

FISH RIVER. A short river of Baldwin County, consisting of two distinct branches, known as the "North Prong" and the "East Prong," the latter being also known as the Magnolia River. The "North Prong," or Fish River proper, is about 25 miles long from the mouth of Weeks Bay to its source, and the "East Prong" or Magnolia River, is about 10 miles long between corresponding points. The depth of Fish River ranges from 12 to 25 feet; its width at the mouth is 600 feet, gradually diminishing upstream. Magnolia River varies from 8 to 20 feet in depth, but is not quite so wide as the Fish River. The entire length of both streams is within the southern part of Baldwin County, and they empty separately into Weeks Bay which, in turn, empties into Mobile Bay (q. v.) through a narrow mouth. The territory drained by these rivers was originally heavily timbered with pine forests, but is now for the most part under cultivation.

The only ohstructions to navigation of the Fish River by small boats are the shallows and shoals in Weeks Bay, which have pre- vented boats of more than two or three feet draft entering the river. The Government made an examination of Fish River in 1903. but the engineers did not consider it worthy of improvement.

REFERENCE .- U. S. Chief of Engineers, An- nual report, 1904, App. R., pp. 1858-1862.

FISHES. A class of vertebrates, repre- sented in Alabama waters by 169 recorded species. The entire area of Alabama is un- usually well watered, and its river system in total mileage is equal to that of any other American State. The interior streams are fed by fresh water springs, and these attract the clear water species. The rivers in the lower part of the State, warmed by the wa- ters from the Gulf Stream, afford breeding beds for larger fish. In the interior the most common are the bass, bream, darter,

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minnow, perch, shad, and sucker. In the bay and adjacent waters are found all of the common salt water species. The banks off Coden in the Gulf of Mexico are celebrated for large fish, and visiting fishermen from all parts of the country are attracted to its inviting waters. The record tarpon, weigh- ing 215 pounds, 6 feet, and 11 inches in length, 43 inches in girth, was taken in Grant's Pass on August 31, 1916, by W. G. Oliver of Birmingham. Some of the large specimens have been mounted, and represen- tatives can be seen in the Rolston Hotel at Coden, in the Chamber of Commerce at Mo- bile, and in the Game and Fish department at Montgomery.

Few records of early exploration of the inland waters of Alabama have been pre- served. In the proceedings of the Boston Society of Natural History for 1845, Dr. D. H. Stover mentions nine species from the Tennessee River in the vicinity of Florence. Short descriptions of these appeared in his Synopsis of the Fishes of North America in 1846. In the American Journal of Science and Arts, 1854, L. Azassiz describes a col- lection of fishes from the Southern Bend of the Tennessee in which 33 species are rep- resented. These were brought together for his use by Dr. Newman of Huntsville.

Propagation .- In the fifties, the introduc- tion of new species into the waters of the State was very generally discussed. In 1854 the Cotton Planter carried an article urging the importance and practicability of intro- ducing white shad in the Alahama River. The proposition not only received ridicule but opposition. This opposition came largely from fishermen, who claimed that true shad were already in the Coosa and the Alabama. In 1858 a large number, however, was in- troduced, largely through the cooperation of Dr. Mordecai and Capt. Adams of Mobile, S. Hooker of Montgomery, and William Ges- ner of Milledgeville, Ga. The coming on of the war doubtless prevented any large results from these and other experiments.

In recent years, the Federal government has made surveys of the fish of Alabama streams, and the greatest encouragement has been given all who wish to introduce new species, as well as those who desire common species for restocking purposes. The several sporting clubs of the State have all provided fish ponds. During the past four years, from 1913 to 1916, the U. S. Bureau of Fisheries sent into the State 531 lots of young fish, numbering 410,000, which have been distrib- uted to the principal streams and ponds.

Protection .- The establishment of the de- partment of game and fish in 1907 was the first organized effort for the protection of game and fish in the State. The enforce- ment of all laws for the protection, propa- gation and preservation of game animals, birds and fish was placed under the juris- diction of this department. While the com- mission has not had whole-hearted coopera- tion, much has been accomplished by way of conservation of the native species, the en-

couragement of fish ponds, and cooperation with the U. S. Bureau of Fisheries in stock- ing Alabama streams, lakes and ponds with food fish.

As early as 1819 the Legislature prohibited the erection of fish dams on water courses whereby the entire stream would be ob- structed.

Throughout the pioneer period, there was no restriction upon the taking of fish, and being without interference, many thoughtless persons brought about their wholesale des- truction in streams through means of dams, traps and other obstructions. The first fish conservation act is in section 206 of Stone and Shepherd's Penal Code of Alabama, in which a fine of not less than $10.00 nor more than $100.00 is provided as punish- ment for any person taking, catching or at- tempting to take or catch fish by poisoning the stream or body of water in which they are found, or by way of any poisonous sub- stance put in the water. In 1883 the Legis- lature amended this section, making it also unlawful to use fish berries, lime, giant pow- der, dynamite, gun powder or other explosive substances in catching or attempting to catch fish. From time to time other legislation was passed. It is believed that the protec- tion now afforded is ample, although there is local criticism of the enforcement of the laws.

Catalogue .-

Amber fish, Seriola lalandi.

Amber jack, Seriola dumerili.

Bang, Clupanodon pseudohispanicus.

Barracuda, great, Sphyraena picuda.

Bass, Large-mouth black, Micropterus sal- moides.

Small-mouth black, Micropterus dolomieu.

Calico, Pomoris sparoides.

Rock, Ambloplites rupestris.

Striped, Roccus lineatus. Yellow, Morone interrupta.

Billfish. Tylosurus marinus.

Blob. Cottus bairdi.

Bluefish, Pomatomus saltatrix.

Plue gill, Lepomis incisor.

Buffalo, sucker-mouthed, Ictiobus bubalus

Bullhead, Ameiurus nebulosus.

Black, Ameiurus melas.

Carp, Cyprinus carpio.

Cet, Channel, Ictalurus punctatus. Mud, Leptops olivaris.

Stone, Noturus flavus.

White, Ameiurus catus.

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History of Alabama and dictionary of Alabama biography, Volume I, Part 113

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