History of Alabama and dictionary of Alabama biography, Volume I, Part 51

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 51

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The organization in Alabama dates from the founding of the first church in Birming- ham, November 20, 1899. In the state there are now the following churches: Birming- ham First Church;

Birmingham Second Church; Jacksonville Society; Mobile First Church; Montgomery First Church; and Selma Society. The Montgomery church was the second established in the State. The First churches at Birmingham and Montgomery own their buildings; but the others occupy rented quarters. The rules of the church do not encourage the "numbering of people." However, the U. S. census report of 1906 gives the total number of organizations in the state at that date as 3; total number of members 94, males 69 and females 25; and 3 Sunday schools, with 11 teachers and 59 pupils. The Christian Science Committee on Publication for Alabama dates from March 1, 1913, with headquarters at Montgomery. On November 1, 1915, the office was removed to Birmingham.

REFERENCES .- U. S. Bureau of the Census, Re- ligious Bodies, 1906 (1910), pp. 198-201; and Christian Science Journal, Boston, Aug., 1917.

CHURCHES AND RELIGIOUS INSTITU- TIONS. Under the constitution, the people of the state are guaranteed the religion of their choice, and in the laws and practices of the state no preferences are accorded. The following is the constitutional provision: "That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination or mode of worship; that no one shall be com- pelled by law to attend any place of wor- ship; nor to pay any tithes, taxes or other rate for building or repairing any place of worship, or for maintaining any minister or ministry; that no religious test shall be re- quired as a qualification to any office or pub- lic trust under this State; and that the civil rights, privileges and capacities of any citi- zen shall not be in any manner affected by his religious principles."

While the State knows no church or de- nomination or religion, it does foster and encourage religious institutions and habits. The following is quoted with approval by the courts of Alabama: "Christianity is a part of the common law of the State in a qualified sense-that is, its divine origin and birth are admitted; and, therefore, it is not to be mali- ciously and openly reviled and blasphemed against to the annoyance of believers and the injury of the public."

A law is invalid which gives to one re- ligious denomination a privilege which is not enjoyed equally by all other denominations.

In the passage of laws for the regulation of practical living, it is proper to observe that religion is distinguishable from morality. The municipal law exacts obedience to the moral law wholly apart from any considera- tions of religion, or that such regulations were practiced by this or that denomination, or held as a creed by this or that faith. But a law which would force the use of the Bible and the Koran, or any other religious books, upon an unwilling pupil or patron, would be unconstitutional.

A liberal concession is extended to religious societies in the matter of taxation by the fol- lowing provision of the constitution: "The Legislature shall not tax the property, real or personal, of the State, counties or other municipal corporations, or cemeteries; nor lots in incorporated cities or towns, or within one mile of any city or town to the extent of one acre, nor lots one mile or more distant from such cities or towns to the extent of five acres, with the buildings thereon, when same are used exclusively for religious wor- ship, for schools, or for purposes purely char- itable."

The laws of the State authorize members of any church or religious society to become incorporated through a board of not less than three nor more than nine trustees. Liberal corporate powers are given. Among other things, church corporations may hold real and personal property not exceeding five hun-

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dred dollars in value, and they may sue or be sued, and the trustees or other authorized agents may convey the church property.

The property of corporations formed bona fide under the article referred to, for other than pecuniary purposes, not exceeding two thousand dollars, shall be exempt from all state, county and municipal taxations and licenses. Provision is made for the alteration or amendment of charter by filing declara- tion of change in accordance with the regula- tion of statute in the office of the secretary of state.

Disturbing Public Worship .- The legis- lature passed an act, December 10, 1822, "to prevent immoral and disorderly conduct at places of religious worship." The preamble recites:

"Whereas by the Constitution of the State of Alabama, the citizens whereof have the right to worship God according to the dictate of their own consciences; and whereas, the people in assembling themselves for the pur- poses of religious devotion are often disturbed by the disorderly conduct of wicked persons, for remedy whereof. This act was passed.

The act provided that "if any person or persons, hereafter, shall be found guilty of wilfully raising a riot, getting drunk, swear- ing, or any other act by which the congrega- tions shall be interrupted, during the contin- uance of any meeting for the purposes afore- said, all such person or persons, their aiders and abettors, shall on due proof thereof, for- feit and pay the sum of twenty dollars be- sides costs of suit," half to go to the informer, and the other half to the county.

Sec. 2 of the act recites that whereas "many individuals have been in the habit of re- tailing spirituous liquors at or near camp meetings, thereby causing drunkenness and disorder," such persons so retailing spirituous liquors or any kind of drink calculated to produce drunkenness "within two miles of any camp meeting, quarterly meeting, asso- ciation or any other religious meeting, during the continuance of any such meeting," shall pay a fine of forty dollars besides costs. Half was to go to the informer and the other half to the County.

It was provided, however, that the law should not operate upon persons "who actual- ly resided within two miles of such meetings, and who have obtained and hold a license for retailing."

List of Denominations .- The list which fol- lows contains the names of church organiza- tions, separate sketches of which are to be found herein:

Advent Christian Church.

Bahais.

Baptist Church of Christ.

Baptists, Free.

Baptists, Freewill.

Baptists, Missionary.

Baptists, Primitive.

Baptists, Seventh-day.

Baptists, Two-Seed-in-the-Spirit Predestin- arian.

Bible Society, the Alabama.

Christians (Christian Connection) ,

Church of Christ, Scientist.

Churches of Christ.

Congregationalists.

Disciples of Christ.

Episcopal Church, the Protestant,

Friends, Society of. ( Orthodox).

German Baptist Brethren Church (Con- servative).

Greek Orthodox Church.

Jewish Congregations.

Lutherans.

Methodist Church, Congregational.

Methodist Church of North America, Free.

Methodist Episcopal Church (Northern).

Methodist Episcopal Church, South.

Methodist Protestant Church.

Mormons.

Nonsectarian Churches of Bible Faith.

Presbyterian Church, Cumberland.

Presbyterian Church in the United States.

Presbyterian Church of North America, the

United.

Presbyterian, Associate Reformed Synod of the South.

Presbyterian, Associate Reformed Church. Roman Catholic Church.

Seventh-day Adventist Denomination.

Universalists.

REFERENCES .- Acts of Alabama, 1822-23; Cooley, Constitutional Limitations; Mayfield, edition, Constitution; Code of Alabama.

CHURCHES OF CHRIST. See Disciples or Christians: Churches of Christ.

CIGAR FACTORIES.

List of Cigar Factories, District of Alabama. Estimated annual production, 1917:

Read, Gilbert H., Factory 71, Ensley, Ala .; 50,000 cigars.

Thompson, Wm., Factory No. 12, Mobile, Ala .; 45,000 cigars.

Roth, J. E., Factory No. 14, Mobile, Ala .; 10,000 cigars.

Phillips, Wm. B., Factory No, 23, Bes- semer, Ala .; 35,000 cigars.

Benito, Llbano, Factory No. 46, Mobile, Ala .; 15,000 cigars. Imsand, R. Frank, Factory No. 51, Mobile, Ala .; 26,000 cigars.

Hawkins, Fred, Factory No. 33, Mobile, Ala .; 40,000 cigars.

Hahn & Co., S. L., Factory No. 57, Mobile, Ala .; 39,000 cigars.

Garder, A., Factory No. 49, Mobile, Ala .; 1,000 cigars.

East End Cigar Company, Factory No. 55, Mobile, Ala .; 5,000 cigars.

Daly, W. W., Factory No. 20, Mobile, Ala., 1,000 cigars.

Clarke, D. E., Factory No. 36, Summerdale, Ala .; 8,000 cigars.

Cooper, W. L., Factory No. 60, Elmore, Ala .; 4,000 cigars.

Crimmins, John A., Factory No. 72, Mo- bile, Ala .; 33,000 cigars.

Crist, W. A., Factory No. 2, Mobile, Ala .; 37,000 cigars.

Salinos, Frank, Factory No. 4, Mobile, Ala .; 3,000 cigars.

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HISTORY OF ALABAMA

Lopez Cigar Company, Factory No. 25, Montgomery, Ala .; 450,000 cigars.

Rockmill, Henry, Factory No. 78, Selma, Ala .; 20,000 cigars.

Klein, Wm. F., Factory No. 68, Gadsden, Ala .; 35,000 cigars.

Herman, S. F., Factory No. 40, Tuscaloosa, Ala .; 10,000 cigars.

Schlicter Cigar Company, Factory No. 105, Birmingham, Ala .; 410,000 cigars.

Krebs, F. C., Factory No. 165, Selma, Ala .; 406,000 cigars.

Terry Cigar Company, Factory No. 69, Brewton, Ala .; 70,000 cigars.

Stein, Otto, Factory No. 61, Bessemer, Ala .; 90,000 cigars.

Smedley, W. J., Factory No. 223, Jones, Ala .; 55,000 cigars.

Montgomery Cigar Company, Factory No. 59, Montgomery, Ala .; 85,000 cigars.

Marshall, P. W., Factory No. 10, Gads- den, Ala .; 60,000 cigars.

Faustina, Gilbert, Factory No. 196, Mo- bile, Ala .; 100,000 cigars.

Dolbear, Edward H., Factory No. 154, Mo- bile, Ala .; 60,000 cigars.

Drane & Co., R. W., Factory No. 32, Flor- ence, Ala .; 56,000 cigars.

Convention City Cigar Company, Factory No. 19, Mobile, Ala .; 105,000 cigars.

Ross, Herman, Factory No. 16, Montgom- ery, Ala .; 135,000 cigars.

Herman, J. C., Factory No. 93, Jones, Ala .; 165,000 cigars.

Gonzalez Cigar Factory No. 54, Opelika, Ala .; 110,000 cigars.

Lagman, Chas., Factory No. 129, Mobile, Ala .; 220,000 cigars.

M. & C. Cigar Co., Factory No. 3, Bir- mingham, Ala .; 220,000 cigars.

Twin City Cigar Company, Factory No. 18, Girard, Ala .; 190,000 cigars.

REFERENCES .- Records International Revenue Collector, District of Alabama, Birmingham.

CINCINNATI, SELMA AND MOBILE RAILROAD COMPANY. See East Tennessee, Virginia and Georgia Railway Company.

CIRCUIT COURTS. Courts provided by the constitution, and organized by statute, having "original jurisdiction in all matters civil and criminal" in the state, not otherwise excepted in the constitution, but in civil cases, other than suits for libel, slander, assault and battery and ejectment, it has "no original jurisdiction except where the matter or sum in controversy exceeds fifty dollars." Circuit courts or courts of like jurisdiction are re- quired to be held in each county in the state at least twice in every year. The judges of these courts have power to issue writs of in- junction. The legislature is authorized to confer upon circuit courts the jurisdiction of chancery courts, and it is also given power to "provide for the consolidation of all or any such courts of record, except the probate court with or without separate divisions, and a sufficient number of judges to transact the business of such consolidated courts."

Under the authorization just referred to

the legislature, August 16, 1915, provided for .the consolidation into the circuit court of every court of record having the jurisdiction of the circuit court and chancery court, or of either, and of every court of record by what- ever name called, having the jurisdiction to try civil and criminal cases. The probate courts, county courts, courts of county com- missioners or boards of revenue, and inferior courts established in lieu of justices of the peace, and inferior courts having the juris- diction to try cases exclusively without juries were excepted. Other acts were passed at the same session of the legislature to more fully carry out the plans for the reorganization of the judiciary, including the repeal of all laws providing for chancery courts, and conferring upon the circuit court all the jurisdiction of the chancery courts, regulating terms, judges, solicitors, juries, and the practice and pro- ceedings in cases improperly brought as suits in equity, or in the improper court.

At the same session another act was passed arranging the several counties into circuits. This bill, however, did not receive executive sanction, and in consequence, for a time much confusion existed in reference to the exact status of the courts. The effect of the veto was believed by many to leave several coun- ties without adequate provision for courts. It was expressly provided that the consolidated court act should not take effect until the first Monday after the second Tuesday in January, 1917. It was further provided that a circuit court should be held at each place where a court of record is authorized to be held on December 31, 1916. These provisions, taken in connection with section 144 of the consti- tution, providing that "A circuit court, or a court having the jurisdiction of the circuit court, shall be held in each county in the state at least twice in each year," however, were believed to provide ample opportunity for the operation of the laws which had been enacted. In order to test the several questions in- volved, the case of Smith v. Stiles, from the Birmingham city court, was carried on appeal to the supreme court. After a full and ex- haustive review the latter held that the con- solidated court act was in full force and effect, and that the several judiciary acts, passed by the legislature of 1915, together with the existing statutes and the provisions of the constitution, were sufficient to consti- tute an entire system complete in itself, and fully operative in the several counties. It was held that the counties of Lee and Ma- rengo, which had previously been detached from regular circuits, and which were then being served by law and equity courts, would constitute separate and individual circuits, and that the law and equity courts established therein, would along with all others, be abol- ished.

This act, as well as the entire body of judi- cial reform legislation received wide discus- sion, both on the part of the public and the bar. Since it involved practically a complete reorganization of the judicial system of the State, in many ways it was severely attacked. The case of Smith v. Stiles, supra, was de-

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cided December 16, 1916. The opinion pre- pared by Chief Justice Anderson contains a full and thorough discussion from which the following extract is made:

"The main subject dealt with, purpose sought, or object to be accomplished, as indi- cated by this title and which has been dealt with in the body of the law, was the estab- lishment of one general circuit court system, to the exclusion of other trial courts having the jurisdiction of the circuit and .chancery court; to provide a circuit court in every county in the state and to get rid of the oth- ers, whether by merger, consolidation, conver- sion, or abolition, and for the transfer of all cases pending in the other courts to the cir- cuit court. The title deals with but one gen- eral subject, and all things done by the act are germane and cognate to the title, which provides for the establishment or mainte- nance of a circuit court system throughout the entire state to the exclusion of all other trial courts exercising chancery or circuit jurisdiction. In other words, the law pro- vides for a circuit court in every county in the State and for wiping out all others, by merging them into the circuit court in coun- ties which have other courts, by merely pre- serving the circuit court in counties having nothing but a circuit court, and by converting other courts into the circuit court in counties having no circuit court, but a law and equity court, to wit, Lee and Marengo. While a garbling of the title and a play upon words capable of different definitions could indicate two or more different subjects or give the title some ambiguity, yet when it is fairly consid- ered in its entirety, and a plain common sense meaning is given the words employed. it plainly evinces a legislative purpose to deal with the one general subject of providing a circuit court in every county in the state, to the exclusion of all others therein mentioned, and everything done or contemplated by the act is germane to this one general object. We are not only not impressed with the con- tention that the act is repugnant to section 45 of the Constitution, but are at a loss to know how the things accomplished by the act could have been more properly expressed in the title or dealt with in the body."

Circuits .- As at present constituted under the consolidated act, the several separate cir- cuits and the counties therein are as follows:

1st Circuit: Choctaw, Clarke, Monroe and Washington counties.

2nd Circuit: Baldwin, Butler, Crenshaw, Conecuh, Escambia and Lowndes counties.

3rd Circuit: Barbour, Bullock, Dale and Russell counties.

4th Circuit: Bibb, Dallas, Hale, Perry and Wilcox counties.

5th Circuit: Chambers, Coosa, Macon, Ran- dolph and Tallapoosa counties.

6th Circuit: Fayette, Greene, Lamar, Pick- ens, Sumter and Tuscaloosa counties.

7th Circuit: Calhoun, Clay, Cleburne, Shelby and Talladega counties.

8th Circuit: Cullman, Lawrence, Lime- stone, Madison and Morgan counties.

9th Circuit: Cherokee, DeKalb, Jackson and Marshall counties.

10th Circuit: Jefferson county.

11th Circuit: Colbert, Franklin, Lauder-

dale and Marion counties.

12th Circuit: Coffee, Covington and Pike counties.

13th Circuit: Mobile county.

14th Circuit: Walker and Winston coun- ties.

15th Circuit: Autauga, Chilton, Elmore and Montgomery counties.

16th Circuit: Blount, Etowah and St. Clair counties.

20th Circuit: Henry, Houston and Geneva counties.

Lee County Circuit.

Marengo County Circuit.

History .- Circuit courts have their first mention in this State in the constitution of 1819. That instrument declares that the judicial power of the State shall be vested, among others, in "circuit courts, to be held in each county in the State." These courts were given original jurisdiction in all matters civil and criminal in the State, not otherwise excepted in the constitution, but in civil cases only where the sum in controversy exceeded fifty dollars.

In territorial times, and until the adoption of the state constitution, what is known as the superior courts exercised the jurisdiction later conferred upon the circuit courts, and the latter in a sense may be said to be their successors. (See Territorial Courts. )

Although the constitution provided for a supreme court with three judges, no provision was made for its separate organization. The act of December 14, 1819, regulating proceed- ings in the courts of law and equity, provided that the supreme court, both in law and equity should be held by, and the powers of the same be vested in, and its duties be per- formed by the judges of the several circuit courts. At its first session the court was re- quired to appoint one member as chief jus- tice. This action indicated the position of dignity and high character of the office of circuit judge. As further indicating the ex- alted position of this office under the consti- tution of 1819 their terms were made indef- inite, that is, they were elected during good behavior.

Ten years had hardly passed when a public agitation was begun looking to the adoption of an amendment to the constitution limiting the term. The same agitation demanded the creation of a supreme court with separate judges. An amendment was adopted in Jan- uary, 1830, limiting the terms of the several judges of the circuit courts to 6 years. The legislature, January 14, 1832, provided for a supreme court of 3 judges. The amendment limiting the term had not changed the mode of election. From 1819 to constitutional amendment, adopted in 1850, all judicial offi- cers were chosen by joint vote of both houses of the general assembly. That amendment provided for their election "by the qualified electors of their circuits respectively."

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HISTORY OF ALABAMA

The judicial system of the State was organ- ized at the first session of the legislature, 1819, at which an act was passed, approved December 14, "to regulate the proceedings in the courts of law and equity in this State." Among other things five circuits were created. Two years had hardly passed until, December 13, 1821, the State was reorganized into six judicial circuits. The opening up of the east- ern section of the State by the formation of several new counties called for a still further rearrangement, and by act of January 11, 1833, eight circuits were created. On Janu- ary 8, 1836, a ninth circuit was established; and a tenth circuit, January 31, 1840. The code of 1852 contains a provision for nine cir- cuits only, and makes an entire rearrange- ment of the counties. Following the War, the creation of new counties necessitated reor- ganization of the circuits, and on February 19, 1867, 12 were formed. The constitutional convention of 1875 put itself on record as op- posed to an increase of circuits, by the adop- tion of a section limiting the number to eight "unless increased by a vote of two-thirds of the members of each house," and it was pro- vided that no circuit should contain less than 3 nor more than 12 counties. The same con- stitution has the further provision that at the first session of the legislature after ratifica- tion, the salaries of circuit judges, among oth- ers, should be reduced at least twenty-five per centum, and that thereafter there should be no increase "except by a vote of a majority of all the members elected to each house, taken hy yeas and nays, and entered on the jour- nals." The legislature January 31, 1879, re- arranged the counties into eight circuits, in obedience to the direction of the constitution. The number was increased by establishing the ninth, February 5, 1885. Others were made by succeeding sessions, and the Code of 1896 shows 13 circuits, indicating various changes and reorganization during the decade. Six- teen circuits are shown by the Code of 1907. The twentieth circuit was formed September 25, 1915. The existence of Lee and Marengo counties as separate circuits is explained supra.

In some counties terms of the circuit court are held both at the county seat and at some other point, fixed by special statute. These are Barbour County, with courts at Clayton and Eufaula, Covington at Andalusia and Flo- rala, Jefferson at Birmingham and Bessemer, Marshall at Guntersville and Albertville, and St. Clair at Ashville and Pell city. Such legis- lation was upheld by the supreme court in Lowery's case, which attacked the unconsti- tutionality of an act establishing an addi- tional circuit court in Blount County. The court says of the act: "Its purpose and effect are to divide the territorial jurisdiction of the circuit court, already established by the con- stitution, into two divisions, and to establish two places of holding that court in Blount County-one in each division-and to confer upon each division exclusive jurisdiction of all questions, civil and criminal, arising in its territory. Combined, they constitute the cir- cuit court of Blount County, as established by

the constitution." A similar decision was rendered in a Marshall County case, 172 Ala., p. 469.

Circuit Judges .-

1832-1835-Adair, William I.

1885-Aiken, James.

1905-1917-Almon, Charles P.

1898-1905-Almon, E. B.

1905-1917-Alston, Augustus H.

1895-1904 -- Anderson, John C.

1895-1904-Anderson, William S.

1892-1898-Banks, James J.

1843-1845-Baylor, Walker K.

1894-1904-Bilbro, James A.

1911-1917-Blackwood, James E.

1839-1843-Booth, John P.

1880-1895-Box, Leroy F.

1842-1851-Bragg, John.

1895-1899-Brewer, George A.

1905-1917-Brewer, Samuel L.

1915-1917-Brickell, Robert C.

1857-1858-Brooks, William M.

1905-1917-Browne, Samuel B.

1865-1866-Bugbee, Francis.

1867-1868-Burrell, F. Pope.

1886-1898-Carmichael, J. M.

1832-1850-Chapman, Samuel.

1886-1887-Chilton, John M.

1868-1874-Clark, James S.

1845-Clark, Lincoln.

1881-1892-Clarke, William E.

1819-1823-Clay, Clement C.

1874-1885-Clayton, Henry D.

1854-Clitherall, A. B.

1874-1887-Cobb, James E.

1865-1868-Cobbs, James.

1861-1865-Cochran, John.

1858-1865, 1898-1910-Coleman, Augus- tus A.

1835-1847-Coleman, Daniel.

1828-1836-Collier, Henry W.

1847-1850, 1852-1865-Cook, Nathan.

1874-1880-Craig, G. H.

1821-1825, 1832-1839-Crenshaw, Ander- son.

1911-1917-Crow, Edward C.

1911-1917-Curtis, James A.

1852-1853-Cuthbert, John A.

1840-1842-Dargan, Edmund S.

1892-1904-Denson, N. D.

1850-1868-Dougherty, Robert.

1888-1892-Dowdell, J. R.

1868-1874-Elliott, John.

1819-1825-Ellis, Richard.

1898-1911-Evans, Aurelius A.

1894-1899-Foster, J. W.

1910-1917-Gamble, Arthur E.

1823-1828-Gayle, John.

1851-1852-Gibbons, Lyman.

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History of Alabama and dictionary of Alabama biography, Volume I, Part 51

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