History of Alabama and dictionary of Alabama biography, Volume I, Part 12

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

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APALACHEE. A native tribe of Florida, originally seated in the region north of the bay of that name, extending from Pensacola east to Ocilla River. They belonged to the great Muskhogean stock, and their language shows a close relationship to the Choctaw.

They are first referred to in Cabeza de Vaca in 1628, when their chief town in the vicinity of the present Tallahassee, Fla., was visited by Panpilo de Narvaez. Here DeSoto later passed the winter of 1539-1540. Both De Narvaez and DeSoto found in them valiant fighters. In the 17th century these Indians were brought under Spanish domination, and, by means of missions established here and there, many became Catholics. The Apalachee language was deduced to writing, texts of which are still extant. In 1702 the Spaniards incited them to war against the Carolinians, but through the aid of the Creeks they were badly defeated and large numbers killed. In 1704 they were in turn attacked by a force of Carolinians, and the tribe largely de- stroyed. Under two chiefs a band sought the protection of the French at Mobile, and they were, by Blenville, assigned lands between the Mobilians and the Tohomes. Here they remained for years, but after the treaty of 1763 they followed the French to Louisiana.

REFERENCES .-- Lowery, Spanish Explorers in the Southern United States (1907), pp. 28-31; Fairbanks, Florida (1871) ; Gatschet, Migration Legend of the Creek Indians (1884), vol. 1, p. 76; Margry, Decouvertes, vol. 5, pp. 461, 485- 487, Ship, DeSoto and Florida (1881), pp. 306, 308, 338-340; Desoto, Narratives (Trailmakers series), vol. 1, p. 47, vol. 2, pp. 7, 18; Handbook of American Indians (1907), vol. 1, pp. 67-68; American Antiquarian, 1891, vol. 13, p. 173; McCrady, History of South Carolina (1901), vol. 1, pp. 392-394; Carroll, Historical Collec- tions of South Carolina (1836), vol. 2, p. 348; Hamilton, Colonial Mobile (1910).

APALACHICOLA BASIN. See River and Drainage Systems.

APALATCHUKLA. A Lower Creek town in the extreme eastern section of Russell County, on the west bank of the Chatta- hoochee River and one and a half miles from Chiaha on the north. At one time it was the principal community among the Lower Creek settlements, and was called Talua 'lako, "large town." The name was abbreviated to Palatchukla, and the Chattahoochee River preserves the name as Apalachicola, below Its confluence with the Flint. It was a "white" town, sacred to peace, and no human blood was supposed to be spilt there, although about

HISTORY OF ALABAMA -

1725 the white traders of the original town had been killed. One and a half miles below the place lay the old town which was aban- doned about 1750 on account of its unhealthy location. When visited by Bartram in 1777 the remains of the "terraces on which for- merly stood their town house or rotunda and square or areopagus" were plainly visible. It was told to him that these were the "ruins of an ancient Indian town and fortress."

Bartram says the town was esteemed as the mother town of the Creek confederacy. The ancient and correct form of the name is Apalaxtchukla. By the French census of 1760 the Apalatchikolis had 60 warriors and was reckoned 36 leagues from Fort Toulouse.

De Craney's map of 1733 placed the site on the east side of Flint River and it is thought that the people were in reality rem- nants of the Apalaxtchi of the Florida coast, who were carried, by a large war party of Creek headed by some whites, to South Caro- lina in 1707-1708, and who in 1715 at the outbreak of the Yamasi War, moved back to the Chattahoochee.

At a council held in Savannah, Ga., July 3, 1761, this town is reported as having 20 hunters. It was at this time assigned to Macartan and Campbell, Indian traders. 'The town was located twelve miles below Coweta, the political capital of the nation, and just above Uchee, where one road from Savannah and Autauga crossed the Chattahoochee into the Creek Nation. Remains of the town still exist, and objects reminiscent of the white traders are being ploughed up from time to time. The location is on the present Ben Hatcher estate, and is known as Hatcher's Bend.

REFERENCES .- Gatschet, Migration Legend of the Creek Indians (1884), vol. 1, pp. 85-89; Ibid, "Towns and Villages of the Creek Con- federacy," in Alabama History Commission, Report (1901), p. 391; Handbook of American Indians (1907), vol. 1, p. 43; Dr. Wm. S. Wyman, "Early times in the vicinity of the present city of Montgomery," in Alabama Historical Socie- ty, Transactions, 1897-98, vol. 2, pp. 28-33; Haw- kins, Sketch of the Creek Country (1848), pp. 122-127; Brewer, Alabama (1872), p. 447; Pick- ett, Alabama (Owen's ed., 1900).

APPALACHEE RIVER. See Mobile River.

APPALACHIAN VALLEY REGION. A narrow area extending from the Georgia line southwestward along the southeastern edge of the mineral region, and including the Coosa Valley (q. v.) and its several smaller outlying valleys. The soils of its valleys are extremely fertile, and vary in their nature from the black prairie, or rotten limestone, to the light, sandy loams of the more elevated areas. There are several thousand acres of the well-known red lands similar to those of the Tennessee Valley. These lands probably are the most productive and most valuable embraced in the Appalachian Valley in this State. The region includes all or the major portion of Cherokee, Cleburne, Etowah, Cal- houn, St. Clair, Talladega and Coosa Counties.

See Geology; Agriculture; Coosa Valley; Soils and Soil Surveys.

REFERENCES .- Smith, Agricultural features of the State (Monograph 1, 1884), passim; McCal- ley, Valley regions of Alabama, Pt. 2, Coosa Valley; (Geol. Survey of Ala., Special report 8, 1896); Alabama's new era (Dept. of Agri- culture and Industries, Bulletin, 1913), pp. 26- 27; Bailey, Cyclopedia of American agriculture (1909), vol. 1, pp. 56-57.

APPEALS, COURT OF. See Court of Ap- peals.

APPLES. See Fruits.

APPORTIONMENT. See Census; Legis- lature.

APPROPRIATIONS. Legislative authoriza- tions for the payment of money from the State treasury. Under the constitution of 1901, section 72, "no money shall be paid out of the treasury except upon appropriations made by law, and on warrant drawn by the proper officer in pursuance thereof."

Legislative Authority. - While apropria- tions are to be made only for official pur- poses, or for purposes germane to the sup- port or ongoing of the government, or its several departments, or institutions, or other interests, the legislature has unlimited au- thority to determine the extent and character of the appropriation of funds from the State treasury, or to be raised by taxation, or which shall otherwise come into the custody of the State, subject to the limitations imposed by the constitution.

The following are the limitations, namely: (1) No standing army can be maintained "without the consent of the legislature, and, in that case, no appropriation for its support shall be made for a longer term than one year."-Sec. 27; (2) "No appropriation shall be made to any charitable or educational in- stitution not under the absolute control of the State, other than normal schools estab- lished by law for the professional training of teachers for the public schools of the State, except by vote of two-thirds of all the mem- bers elected to each house."-Sec. 73; (3) "The principal of all funds arising from the sale or other disposition of lands or other property, which has been or may hereafter be faithfully applied to the specific object of by the United States for educational purposes shall be preserved inviolate and undimin- ished; and the income arising therefrom shall be faithfully applied to the specific object of the original grants or appropriations."-Sec. 257; (4) "All lands or other property given by individuals, or appropriated by the State for educational purposes, and all estates of deceased persons who die without leaving a will or heir, shall be faithfully applied to the maintenance of the public schools."-Sec. 258; (5) "All poll taxes collected in this State shall be applied to the support of the public schools in the respective counties where collected."-Sec. 259; (6) "The Income aris- ing from the sixteenth section trust fund, the

HISTORY OF ALABAMA

surplus revenue fund, until it is called for by the United States Government, and the funds enumerated in sections 257 and 258 of this constitution, together with a special annual tax of thirty cents on each one hundred dol- lars of taxable property in this State, which the legislature shall levy, shall be applied to the support and maintenance of the public schools."-Sec, 260; (7) "Not more than four per cent. of all moneys raised or which may hereafter be appropriated for the support of public schools, shall be used or expended otherwise than for the payment of teachers em- ployed in such schools; provided, that the legislature may, by a vote or two-thirds of each house, suspend the operation of this sec- tion."-Sec. 261; and (8) "No money raised for the support of the public schools shall be appropriated to or used for the support of any sectarian or denominational school."- Sec. 263.

General Appropriation Bill .- The constitu- tion safeguards, with much care, both appro- priations and disbursements or expenditures. The usual form of making appropriations is by a general appropriation bill, which is ex- pressly excepted from the rule that "each law shall contain but one subject, which shall be clearly expressed in its title. The scope and content of the general appropriation bill and the authorization of appropriations for spe- cific subjects is clearly defined in the con- stitution, section 71, as follows:

"The general appropriation bill shall em- brace nothing but appropriations for the ordi- nary expenses of the executive, legislative, and judicial departments of the State, for in- terest on the public debt, and for the public schools. The salary of no officer or employee shall be increased in such bill, nor shall any appropriation be made therein for any officer or employee unless his employment and the amount of his salary have already been pro- vided for by law. All other appropriations shall be made by separate bills, each embrac- ing but one subject."

Governor's Veto Power .- The constitution, section 126, confers upon the governor the power of veto, which includes generally the right to disapprove the general appropriation bill, or any bill carrying a specific appropria- tion. Under section 126, he is given the "power to approve or disapprove any item or items of any appropriation bill embracing dis- tinct items, and the part or the parts of the bill approved shall be the law, and the item or items disapproved shall be void, unless re- passed according to the rules and limitations prescribed for the passage of bills over the executive veto; and he shall in writing state specifically the item or items he disapproves, setting the same out in full in his message, but in such case the enrolled bill shall not be returned with the governor's objection." The several governors have not been slow to exer- cise the privilege accorded under this section, and many appropriations, for various reasons, have not consequently been made.

Forms of Appropriations .- Appropriations are annual, permanent annual, or permanent specific. The second class is sometimes re-

ferred to as "continuing annual" apropria- tions. Annual appropriations are usually car- ried by the general appropriation bill, while permanent annual appropriations are found in specific acts, which are usually carried into the codes. Appropriations for definite pur- poses, as for the construction of buildings, are classed as permanent specific appropriations, and they do not lapse, but are kept in open account by the office of the state auditor until fully expended.

In appropriations made for specific periods, the amounts must be expended during the period specified. The cumulation or lapping of appropriations is not allowed, unless spe- cifically so directed by statute. There are two conspicuous examples of specially authorized cumulations in the recent legislation of the State. One is found in the act of April 13, 1911, providing for the establishment of rural school libraries, and in which it is declared that "all nnexpended balances on the first day of October each year shall be reappor- tioned annually among all the counties of the State." Another is the act of September 25, 1915, providing for extension work in agri- culture and home economics, and in which it is declared that "any balance remaining un- expended on June 30 of any year shall be added to the amount available for the next ensuing year; any revenue incidentally de- rived from the sale of equipment or other articles shall be further applied to the pur- poses of this act."

The determination of the extent and amount of appropriations by implication is not authorized. It has been held in two cases, Riggs v. Brewer, 64 Ala., p. 282, and Owen v. Beale, 145 Ala., p. 108, that where an ap- propriation exists by law for a specific object, and a subsequent appropriation is made, whether for a smaller or a larger amount than that originally provided, the latter act must govern.

Many questions have arisen in connection with the making of appropriations, the forms of appropriation bills, and the extent and power of the legislature. In the case of State v. Street, 117 Ala., p. 203, it was held that sec. 32, article 4, of the constitution of 1875, embodied in and forming a part of sec. 71 of the constitution of 1901, applied only to appropriations from the State treasury, and not to the appropriation of county funds.

Legislative Appropriations of 1915 as Illus- tratlons .- The general appropriation bill of 1915 is given as an excellent illustration of the form and requirements of such a bill under sections 45 and 71 of the constitution. It sets forth in orderly detail and in a series of numbered paragraphs the various subjects to which appropriations are made. These are arranged or grouped under the subdivisions of executive, judiciary, and legislative de- partments, miscellaneous, and emergency. The first section declares the appropriations "for the fiscal years ending respectively on the 30th day of September, 1916, 1917 and 1918." All of the requirements of the three great departments of the State government are covered by the appropriations made by

HISTORY OF ALABAMA

this bill, with sundry exceptions provided by special appropriations, either in the code of 1907 or to be found in the session laws sub- sequent to its adoption.

The miscellaneous appropriations cover various items necessary to the support of the State government, including items common to, or for the use or benefit of all of the de- partments. They include insurance, arrest- ing of absconding felons, removal of prisoners, distributing public documents, interest on the Alabama Polytechnic Institute bonds. interest on the bonded debt of the State, office sup- plies, stationery and typewriters, fuel, light and water, repairing and refurnishing the capitol building and grounds, interest on the funds arising from the sale of lands of the Alabama Girls' Technical Institute, postage and postoffice box rent, feeding prisoners, in- terest on the sixteenth section fund, valueless sixteenth section fund, surplus revenue fund and the school indemnity land fund, tempo- rary loans of the State government, printing and binding, preparing acts for the public printer, preparing and making indexes to the journals of the senate and house of 1915, re- pair and upkeep and new furnishings of the governor's mansion.

To provide for the payment of all obliga- tions of the State not specifically enumerated in the act, such annual sum as may be neces- sary is appropriated; and wherever any office has been created, or whenever the salary of any existing officer has been increased and the money had not been expressly appropriated to pay such salary, such sum or sums as may be necessary are appropriated.

Since the fiscal year ends on September 30, and as the last year for the full appropriation period ends on September 30, 1818, imme- diately preceding the regular session of 1919, and since it is necessary to carry on the af- fairs of the State government pending new appropriations by the legislature of 1919, it is expressly declared that one-half of the ap- propriations made for the fiscal year ending in 1918 are declared to be in force and pay- able up to and including march 31, 1919.

As illustrative of the extent and subject matter of appropriations which may be made by specific acts at a given session of the legis- lature, reference is made to the index entry "Appropriations," pp. 955-957, of the General Acts of that session. A careful study of these acts will illustrate more fully than any gen- eral discussion, the power of the legislature, and at the same time it will indicate the wide range of demands made upon the State treasury.

Expenditures .- As hereinabove indicated, the State treasurer is not authorized to honor drafts made upon "the treasury except upon appropriations made by law, and on warrant drawn by the proper officer in pursuance thereof."-Sec. 72. Upon the presentation of a request for the issuance of a warrant, the state auditor, through a warrant clerk, care- fully scrutinizes the application, which usually shows on its fare the authority upon which based, as well as the source or fund from which payment should be made. Under the

code, section 612, the account upon which the application is predicated "must be accurately and fully itemized," and accompanied by an affidavit of some person, stating the correct- ness of the claim, and that no portion of such account has been paid. If found correct, a warrant on the State treasury is issued for the sum requested, and the proper account charged with the amount thereof.

In the event there is any doubt on the part of the auditor or of the warrant clerk, the attorney general is called upon for an opinion in the particular case. Upon the advice of the attorney general in writing, the auditor either honors the requisition, or declines. In the latter event, the procedure is by a writ of mandamus directed to the auditor, requiring him to honor the requisition. The question is then determined in the courts.

Publication of Receipts and Disbursements. -The constitution further requires that "a regular statement and account of receipts and expenditures of all public moneys shall be published annually." The requirement of this section of the constitution is met by the annual reports of the State auditor, and the State treasurer. In the former is to be found not only a detailed statement of all receipts into the State treasury through taxation and other sources, but also all disbursements whatsoever for the fiscal year. As illustrative of the details which appear in the report, reference is made to the itemized statement of the governor's contingent fund, pp. 396- 404, and the educational contingent fund, pp. 505-508 of the report of 1916.

REFERENCES .- Constitution, 1901, secs. 45, 71, 72, 73, 257-263; Code, 1907, secs. 599, 612; Gen- eral Acts, 1911, p. 394; 1915, pp. 625, 929-938; State auditor, Annual Report, 1915, and passim, pp. 396-404, 505-508; Riggs v. Brewer, 64 Ala., p. 282; Woolf v. Taylor, 98 Ala., p. 254; State er rel Smith, treasurer v. White, auditor, 116 Ala., p. 202; Owen v. Beale, 145 Ala., p. 108.

APRICOTS. See Fruits.

ARCHAEOLOGICAL COLLECTIONS CON- TAINING ALABAMA MATERIAL. The list appended shows the report up to this time, to the Alabama Department of Archives and History, of those collections in Museums, and public institutions, as well as in the hands of private collectors, with the approximate number of objects in the several collections. These collections are being added to continu- ously, especially in the case of those members of the Alabama Anthropological Society, who are actively collecting. The State Museum collection, now contains several of those listed below, and in each case, an individual state- ment is therewith shown. The list includes:

Emile Abbott, Columbus, Ga., 100, burned, 1905.

Academy of Natural Sciences, Philadelphia, about 3,000.

Alabama Anthropological Society, Mont- gomery, 2,000.

Alabama Polytechnic Institute, Auburn, Ala., 750.

HISTORY OF ALABAMA

Alabama State Department of Archives and History, Montgomery, 75,000.

American Museum of Natural History, New York City, 100.

Mrs. Adeline V. Andrews, Montgomery, 1,500 (presented to the Alabama Anthropo- logical Society, August 20, 1920).

Thomas Ballard, Troy, 100.

Buckner Beasley, Tela Honduras, 25,500 (now in State Museum).

Birmingham High School, Birmingham, several hundred.

J. L. Bishop, Selma, 2,500.

Dr. R. P. Burke, Montgomery, 2,500 (now in State Museum).

J. Y. Brame, Montgomery, 500.

Peter A. Brannon, Montgomery, 8,000.

R. B. Burnham, Montgomery, 500.

W. J. Chambers, Montgomery, 200.

Frank C. Cheney, Allgood, Ala., several hundred.

Davenport Academy of Natural Sciences, Davenport, Ia., about 100.

Miss Florence Dubose, Haleyville, 250.

Samuel M. Englehardt, Shorter, 500.

E. S. Ginnane, Allgood, 5,000.

Grand Lodge A. F. & A. M., Montgomery, 1,000.

E. M. Graves, Montgomery, 13,500.

William H. Gray, jr., Phoenix City, 5,000. Frank S. Holt, Montgomery, 200.

Edgar C. Horton, Birmingham, 500.

Young Jackson, Coosada, 2,000 (now in State Museum) .

C. R. Jones, Montgomery, 2,000.

Richard Lindsey estate, Pittsview, Ala., 600.

L. J. Lewis, Seale, Ala., 200.

Carr McCormack, Quinton, Ala., 100.

Mrs. Lillian Letcher, Gadsden, 500.

Allen M. McNeel, Montgomery, 200.

John H. McEwen, Rockford, 65,000.

Dr. Paul S. Mertins, Montgomery, 2,000. F. W. Miller, E. Orange, N. J., 2,000.

Henry Miner, Chelsea, 25.

Mitchell-Glass Collection, Sycamore, 250. Mobile Young Men's Christian Association, 1,000.

Dr. R. C. Moorefield, Birmingham (sev- eral hundred).

Dr. F. L. Myers, Columbus, Ga., 1,000.

Joseph C. Oswalt, Shorter, 100.

Thomas M. Owen, jr., Montgomery, 50. Phillips Academy, Department of American Archaeology, Andover, Mass., 100.

John E. Scott, Louisville, Ky., 100.

Robert D. Sturdivant, Dallas County, 1,000. Rev. Francis Tappey, Shelbyville, Tenn., 250.

General Gates P. Thruston, Nashville, Tenn., (now in Vanderbilt University, sev- eral hundred Alabama items).

H. P. Tresslar, Montgomery, 200.

United States National Museum, Wash- ington, D. C., several hundred Alabama items. University of Alabama, 5,000.

Dr. Hamilton M. Weedon, Troy, Ala., 250. Dr. H. M. Whelpley, St. Louis, Mo., 1,000 Alabama items.

John C. Williams, Talladega, Ala., 1,000. Wynn Collection, Alpine, Ala., 1,000.

ARCHITECTURE. The science and art of designing or planning buildings and the supervision of construction in accordance therewith. It has developed as a profession in Alabama during the period since 1875. At present all important cities and towns have one or more architects or firms of architects, whose time is devoted exclusively to the pro- fession. Some of these are men self-trained, or receiving their preparation in the office of some other architect, while others are grad- uates of schools of architecture.

For the first few years after settlement, the log cabin and the hewn log dwelling consti- tuted all of the buildings in use, either for dwellings or for business houses. These were rapidly supplanted, however, by more preten- tious structures as economic conditions im- proved. The settlers brought plans or de- signs with them from their old homes. Among the settlers were carpenters, joiners, cabinet makers, painters, bricklayers, stone masons, workers in iron, and other artisans. The de- mand for employment, coupled with the as- piration of the people, naturally improved buildings for all uses.

In the absence of architects, or men em- ployed directly in planning and designing con- struction, carpenters and builders at that pe- riod combined with their business of con- struction the further business of planning, de- signing, and estimating. Some of these had their inspiration in communities in which the classic model was developed, while with others, the designs with which they were most familiar, as Gothic, Renaissance, and others, were embodied in their work. This fact will explain the variation of type of construction or design in the older towns of the State, such variation always striking the observant trav- eler with both astonishment and interest.

As conditions further improved and de- veloped, not only generally in the growth of wealth and aspiration on the part of the people, but also in the matter of transporta- tion, the development of new forms of build- ing materials, and the better utilization of timber products, still further advances were made. The crude log church gave way to a stone, brick, or wooden structure, modelled after some conventional design, taken either from illustrations in available books, or re- producing buildings with which the con- tractors were familiar.

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History of Alabama and dictionary of Alabama biography, Volume I, Part 12

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