History of Alabama and dictionary of Alabama biography, Volume I, Part 52

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 52

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

1843-1852, 1866-1868 - Goldthwaite.

George.

1856-1862-Hale, Smith D.

1840-Hale, William.

1862-1873-Haralson, William J.

1905-1917-Haralson, William W.

1868-1874-Harper, Philemon O.

1832-1841-Harris, Ptolemy T.

1911-1917-Harwood, Bernard.

1889-1892-Head, J. B.

1862-1865-Heflin, John T.

1866-1868, 1874-1880-Henderson, John.

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HISTORY OF ALABAMA

1860-1868, 1874-1880-Henry, John K.

1880-1892-Hubbard, John P.

1834-1835-Hunter, John S.

1852-1853-Huntington, Backus W.

1905-1911-Inzer, John W.

1892-1895-Jones, James T.

1858-1865-King, Porter.

1901-1904-Kyle, Osceola.

1904-Lacy, Sheriff.

1904-1915-Lackland, John T.

1905-1911-Lane, Alexander O.

1835-1847-Lane, George W.

1886-1888-Lapsley, James W.

1863-Lewis, David P.

1819-1823-Lipscomb, Abner S.

1837-1843-Martin, Abraham.

1860-1861-Martin, James B.

1834-1835-Martin, Joshua L.

1836-1843-Martin, Peter.

1911-1917-Merrill, Hugh D.

1905-1917-Miller, Benjamin M.

1823-1825-Minor, Henry.

1852-1857-Moore, Andrew B.

1866-1868, 1880-1904-Moore, John.

1851-1863-Moore, John E.

1857-Moore, Sydenham.

1855-1882-Mudd, William S.

1906-Nathan, J. H.

1905-Partridge, Daniel, jr.

1833-1834-Paul, John W.

1905-1917-Pearce, Henry A.

1905-1916-Pearson, Walter W.

1868-1869-Pelham, Charles.

1899-1911-Pelham, John.

1832-1834-Perry, Horatio G.

1828-1834-Perry, Sion.

1854-1858-Pettus, Edmund W.

1841-1852-Phelan, John D.

1835-1848, 1850-1852-Pickens, Ezekiel.

1834-1837-Pickett, William D.

1839-1840-Porter, Benjamin F.

1847-1850, 1865-1866-Posey, Sidney C. 1853-1868-Rapier, Charles W.

1863-1864-Rather, John D. 1903-1911-Ray, James J.

1851-1854-Reavis, Turner.

1895-1910-Richardson, Julius C.

1894-1898-Roulhac, Thomas R.

1865-1866-Saffold, Benjamin F.

1868-1874-Saffold, Milton J.

1819-1835-Saffold, Reuben.

1904-Sayre, T. Scott.

1852-1861-Shorter, John G.

1828, 1836-1843-Shortridge, Eli.

1845-1856-Shortridge, George D.

1911-1917-Smith, Clare B.

1868-1880-Smith, James Q. 1868-1880-Smith, Luther R.

1865-1868, 1873-1874-Smith, William H.

1850-1851-Smith, William Russell.

1909-1916-Sollie, Michael.

1904-1915-Speake, Daniel W. 1880-1900-Speake, H. C.

1882-1911-Sprott, Samuel H.

1843-1849-Stone, George W.

1868-1874-Strange, Littleberry. 1886-1894-Talley, John B.

1825-1833-Taylor, John M.

1874-1881-Toulmin. Harry T.

1915-1917-Turner, Ben D.

1892-1898-Tyson, John R.

1850-1851-Walker, Leroy P.

1847-1856-Walker, Thomas A.

1819-1823-Webb, Henry Y.

1868-1869-Wheelan, B. L.

1825-1832-White, John.

1868-1880-Whitlock, William L.

1865-1866, 1868-1874-Wiley, J. McCaleb.

1916-1921-Williams, Jere S.

1903-Winter, John G.

1864-1868-Wood, William B.

1849-1850-Woodward, John J.

1874-1880-Wyeth, Louis.

See Chancery Courts; City Courts; County Courts; Court of Appeals; Courts; Criminal Courts; Inferior Courts; Judicial Department; Judiciary; Justices of the Peace; Juvenile Courts; Probate Courts; Recorder's Courts; Supreme Court; Territorial Courts.

REFERENCES .- Constitution, 1875, art. 6, sec. 4, and art. 11, sec. 8; Constitution, 1901, secs. 139- 144, 147: General Acts, 1915, pp. 279, 620, and index; Recess Judiciary Acts, 1915; Code, 1907, secs. 3229-3295; Toulmin, Digest (1823), p. 163, et seq .; Aikin, Digest (1833), p. 240; Clay, Digest (1843), p. 288; Code, 1852, p. 176; Code, 1867, p. 230; Code, 1876, p. 323; Code, 1886, p. 321; Code, 1896, p. 336; Brickell, Digest (1872), vol. 1, p. 435; vol. 3, p. 176; Lowery v. State, 103 Ala., p. 50; Triest v. Enslen, 106 Ala., p. 180; Merchants National Bank of Lafayette v. Meharon, 172 Ala., p. 469; Smith v. Stiles, Pro- bate Judge, 195 Ala., p. 107; Ex parte City Bank & Trust Co., 76 Southern Reporter, p. 372; Shell v. State, 2 Ala. App., p. 207; Garrett, Public Men in Alabama (1872), pp. 775-779; Brewer, Ala- bama (1872), pp. 95-98; Proceedings of the first meeting of the committee on the reform and revision of the judicial system of Alabama (1912).

CITIES AND TOWNS. Centers of popula- tion and industry, and units or subdivisions of the political, or governmental, system of the State. In Alabama, as nearly everywhere else in the United States, cities, regarded as centers of population and industry, have in most instances come from the growth and ex- pansion of villages. In recent years, how- ever, the locations for many large towns and for some cities, have been selected without regard to existent groupings of population, and solely on account of proximity to natural resources, particularly mineral wealth or transportation facilities. Rapid increase in population and the development of urban con- ditions have followed the establishment of in- dustrial enterprises. Many of the towns and cities in the Alabama mineral district, includ- ing the city of Birmingham, are examples of this sort of city building; but this is true only of towns established since 1870.

The towns founded prior to that date were mostly in agricultural districts, or on navi- gable waters, and other causes controlled the selection of their sites. Many of those which sprang up and afterwards developed into pros- perous communities were situated on, or at the head of, some navigable stream. Mobile, Montgomery, Selma, Tuscaloosa, Wetumpka, Cahaba are examples. Huntsville, Courtland, Tuscumbia and some others are apparent ex-

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HISTORY OF ALABAMA

ceptions to this rule, but none of them was far distant from a navigable stream, and all of them provided for themselves connections of some sort with streams suitable for navi- gation. Among the earliest canals con- structed in the State was the one between the big spring at Huntsville and the Tennessee River at Triana by way of Indian Creek. Tus- cumbia was connected with the Tennessee River by the first railroad built in the State. . (See Tuscumbia Railway Company.) Soon after the construction of the short line from Tuscumbia to the river, the Tuscumbia, Courtland & Decatur Railroad was built be- tween Tuscumbia and Decatur, thus affording the town of Courtland transportation facili- ties by rail and by river.

Since the War, railroads having largely supplanted navigation as a means of trans- portation, proximity to streams has ceased to be a controlling factor, and the presence of minerals and other natural resources has more often determined the selection of town sites. The newer towns of the State, there- fore, have mostly heen founded within the mineral district; and while many of the older towns, including those situated in the purely agricultural country, have made considerable growth, the most marked increases in popu- lation and wealth have occurred in the indus- trial towns of the mineral section.

Growth of Urban Communities .- In 1850, according to census reports, there were 28 towns in Alabama having a population of more than 200. All of them except Tusca- loosa were situated in agricultural communi- ties; and Tuscaloosa was not really an excep- tion, inasmuch as the mineral resources in the vicinity had not then been developed.

In 1900, 17.7 per cent of the State's popu- lation lived in incorporated towns. Those living in cities of 8,000 inhabitants or more constituted 7.3 per cent of the total; in places of 4,000 or more, 10 per cent. The increase in urban population for the previous 10 years was 58,531, or 47.2 per cent, while the in- crease in rural population during the same period was 214,328, or 68 per cent.

In 1910 the population of the State in- creased over that shown by the preceding census, 309,396, or 16.9 per cent. The in- crease in urban population was 132,761, of which 76,926, or more than one-half, was in the city of Birmingham. One of the remark- able facts in connection with the increase in population of the State during this decade was the greater proportionate increase in ur- ban population than in that of the State as a whole. The population of cities and towns of more than 2,500 inhabitants, the basis for classification as urban, was 55.9 per cent as compared with 16.9 per cent for the entire State and 11.1 per cent for rural territory. The greatest rate of increase was in the city of Birmingham-245.4 per cent-more than eight times the rate for the State as a whole. The growth of this city and its several sub- urbs has been referred to as "the census won- der of the country." The population of Mo- bile, the next largest city, increased during this decade 33.9 per cent, and of Montgomery,

the third largest, 25.7 per cent. Four other cities made notable increases, namely, Selma 56.7 per cent, Anniston 32 per cent, Besse- mer 70.9 per cent, Gadsden 146.5 per cent. The greatest rate of increase was in the cities of the mineral district, accounted for by the rapid development of its mining and manu- facturing industries. At present there are three cities in the State having a population in excess of 30,000, Birmingham, Mobile and Montgomery. All three of these are under the commission form of government.

In 1910 there were 261 incorporated cities, towns and villages in the State. The popula- tion classified as "urban" by the Census Bureau, is contained in 24 cities and 4 towns. However, under the classification fixed by the State code, viz., municipalities having less than 2,000 inhabitants as towns and those having more than that number as cities, there are 42 cities.

Forms of Municipal Government .- For many years after the establishment of the State, there were no general provisions of law for the government of towns. The char- ter, or act of incorporation, prescribed the regulations for each town, and defined its rights and powers. During the first 20 years, many charters were obtained for towns which were never established by the promoters. Some of the charters expired by their own limitations and were later revived. Others were never revived. Many of these town- building projects were merely schemes for speculation in land, originated by men who owned tracts in what they considered favor- able localities.

When towns first began to assume an im- portant place in the community life of the State, their administration was usually com- mitted to a governing board known as the intendant and council. Frequently this board municipal government. In recent years, most of the larger cities and a few of the towns was given all or most of the powers later ex- ercised by mayors and boards of aldermen, which constituted the next development in have adopted the commission form of govern- ment, the commissions commonly consisting of three or five members. This form of gov- ernment obtains in Birmingham, Mobile, Montgomery, Huntsville, Florence, Talladega, Sylacauga, Cordova, Haleyville and Hartsell. The city-manager plan has not yet been adopted anywhere in the State.

Rights and Powers of Municipalities .- Cities and towns in Alabama, as elsewhere in the United States, are created by the State, and derive their powers from State laws. In all their rights, powers, and functions, there- fore, they are subordinate to the State legis- lative authority. The legislature may in- crease, modify, or abridge the powers of any municipality, and may govern it as it would a county or any other community within its jurisdiction. To all intents and purposes, city and town governments in Alabama are merely instrumentalities for the convenient exercise in particular localities of the com- monwealth's governing power; and the exer- cise of that power is subject only to the limi-

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tations of the State constitution. This prin- ciple is recognized in the constitution itself in a special provision that "the legislature shall not have power to authorize any munici- pal corporation to pass any laws inconsistent with the general laws of this State." The powers of the legislature with respect to mu- nicipalities are also limited by the constitu- tion in the case of taxation; and the legisla- ture may not authorize any municipality "to lend its credit, or to grant public money or anything of value in aid of, or to any individ- ual, association, or corporation whatsoever, or to become a stockholder in any such cor- poration, association or company, by issuing bonds or otherwise."

The law governing cities and towns is con- tained in sections 1046 to 1460 of the code of 1907 and subsequent acts of the legislature. lt regulates incorporation, issuance of bonds, taxation, extension of corporate limits, admin- istration of schools, consolidations, annexa- tions or mergers, elections, etc. It also pre- scribes general regulations for health, police. and fire departments, the issuing of licenses and the exercise of corporate authorities of the right of eminent domain. While all cities and towns have the right to enact regulative ordinances, all of the general regulations are prescribed by the State.

In addition to prescribing the above-men- tioned general regulations, the legislature has not hesitated to alter or restrict the powers delegated to municipalities, nor to interfere in their administrative affairs whenever it has seemed necessary or desirable. A case in point is the act of February 5, 1915, passed over the governor's veto, authorizing the es- tablishment of a board of public safety in the city of Montgomery, with jurisdiction over the police and fire departments. The mem- bers of this board are elected by the State senate at its quadrennial sessions, and not by the people of the city. Furthermore, the act fixes the salaries of the members of these de- partments, and leaves scarcely any detail to the option of the inhabitants of the city.

In providing for the adoption of the com- mission form of government for cities, the legislature has retained the full measure of its supervisory powers, in some cases even providing for the appointment of commis- sioners by the governor instead of their elec- tion by the people.

Early Municipal Charters .- The first mu- nicipal legislation was enacted by the legisla- ture of the Mississippi Territory, November 11, 1803. It authorized a town to be laid out in Washington County to be known as Ma- consbay. On January 8, 1807, authority was given to lay out another town in Washington County, near St. Stephens. This act repealed the one establishing Maconsbay. Authority was given, February 1, 1805, to lay out the town of Wakefield in Washington County, and commissioners appointed to establish the town and administer its government. The town of Rodney, in the same county, was an- thorized to be laid off by act of March 25, 1811. From this time until 1821 some twelve or fifteen towns were authorized by legisla-

tive enactments. Huntsville, first called Twickenham, was anthorized by act of Decem- ber 23, 1809; its name changed November 25, 1811; incorporated December 9, 1811; and its corporate limits extended November 16, 1818. The town of St. Stephens was estab- lished and incorporated by act of December 18, 1811. Several other towns which have since attained considerable importance were founded during the period mentioned-among them Tuscaloosa, incorporated December 13,. 1819; Montgomery, incorporated December 3, 1819; Elyton, now Birmingham, incorporated December 20, 1820; Demopolis, incorporated December 11, 1821.

The first incorporated city was Mobile, chartered by act of December 17, 1819, as "Mayor and Aldermen of the city of Mobile." The first general act, applying to all munici- palities alike, which became a part of the law of the State, was passed by the legisla- ture of Mississippi Territory, December 23, 1815.

Present Methods and Tendencies .- The growth of towns in Alabama has been hap- hazard, and the development of cities has not conformed to any scheme calculated to meet future needs. In most cases the rectangular or "checkerboard" plan of street arrange- ment has been used because it was the sim- plest for the purpose of land descriptions, and because the laying out was done by land sur- veyors who had no special training in city planning. The towns have grown from strag- gling villages, increasing in population and commercial importance as the country around them has developed. The cities have grown from the larger towns; and with their growth and increase in wealth, improvements have been introduced such as paved streets, drain- age and sewerage systems, waterworks, elec- tric light and gas plants, and other public utilities. Public buildings have been erected in many of them, and other public or quasi- public institutions established. In most of the larger towns public hospitals, libraries, parks, playgrounds, etc., are maintained.

There are organizations in most of the cities and larger towns for the purpose of cre- ating and intensifying civic pride, and it has been largely as a result of their activities that standards of beauty and utility have been raised, both in the architecture of pub- lic and of private buildings, and in the plan- ning of streets, public squares, parks, play- grounds, and the grounds surrounding build- ings and residences. City-improvement and "city-beautiful" clubs have been organized in several towns, and their work, while handi- capped by lack of sufficient funds, the more or less active opposition of the authorities, and the apathy of the general public, has re- sulted in many improvements. The greatest handicap to the work of organizations of this kind has been the fact that the haphazard ar- rangement of streets and buildings has gone so far as to make the adoption of a systematic plan practically impossible. The establish- ment of centrally located and expertly planned civic centers has not so far been un- dertaken in any Alabama city.

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HISTORY OF ALABAMA

Some Alabama municipalities own their public utilities-waterworks, electric light and gas plants-but in most places they are privately owned. Some of the towns own their waterworks while the other utilities are privately owned.

See Commission Government for Cities; Population; Recorder's Courts.

REFERENCES .- Constitution, 1901, secs. 89, 91, 94, 104, 216, 218, 220, 222, 223, 225-228, 235-241; Code, 1907, secs. 1046-1460; Acts, 1909, pp. 25; 100-104, 174-176, 178, 188-193, 197-210, 234, 243, 253-256, 260-262, 303; General Acts, 1911, pp. 191, 197, 204-223, 289-315, 330-355, 371, 373, 549, 565, 578. 581-583, 591-610, 673; Ibid, 1915, passim; U. S. Circuit Court, Chisholm v. City Council of Montgomery, Wilson v. the same, Johnson et als. v. the same, Argument by attorneys for the defendant (n.p., n.d., pp. 42); U. S. Bureau of the Census, Reports, 1850-1910; Ibid, Abstract of the 13th Census, with supplement for Alabama (1913); Ibid, General statistics of cities, 1915; Ibid, Financial statistics of cities, 1915; Weak- ley, Code of ordinances of the city of Birming- ham (1905) ; and Franchises, contracts and spe- cial ordinances of the city of Birmingham (n.d.); Hamilton, Charter and code of ordi- nances of the city of Mobile (1897) ; and Colonial Mobile (1910); Betts, Huntsville (1916); Blue, Montgomery (1878) ; Hardy, Selma (1879); American Acad. Pol. & Soc. Sci- ence, Annals, vol. 51, January, 1914; Ibid, vol. 52, November, 1915; Toulmin, The city manager (1915): Beard, American city government (1912) ; Bruere, The new city government (1913); Nolen, City planning (1916) ; Library of Congress, Select list of references on commis- sion government for cities (1913); Mayfield, Digests, vols. 1-7, passim; Smoot v. Mayor, etc. of Wetumpka, 24 Ala., p. 112; State ex rel. War- ing v. Mayor, etc. of Mobile, Ibid. p. 701; Mayor and Aldermen of Wetumpka v. Winter, 29 Ala., p. 651; Ex parte Burnett, 30 Ala., p. 461; City Council of Montgomery v. Gilmer & Taylor, 33 Ala., p. 116; Gibbons v. Mobile & Great Northern R. R. Co .. 36 Ala., p. 410; Ward v. Parker, 154 Ala., p. 227; State ex rel. Crenshaw et als. v. Joseph et als., 175 Ala., p. 579.

CITIZENS ALLIANCE OF BIRMINGHAM. A civic organization, organized in Birming- ham, Ala., the objects of which was "to pro- mote the stability of business and the steady employment of labor, whether organized or unorganized; by encouraging friendly and personal relations between employers and employees, and to discourage lockouts, strikes, boycotts, and all kindred movements, which savor of persecution. To protect its members in their inalienable right to manage their business in such lawful manner as they deem proper, without domination or coercion by any organized movement against such right. And to protect its members and the community at large, and all persons who desire to work, from unlawful interference, and all similar movements interfering with trade and business."

Article 3 of the constitution prescribes that any citizen who is engaged in any business

or profession or who is employed by any or- ganization which does not resort to the hoy- cott "or other coercive methods" shall be eligible for membership. Each member was entitled to one vote.

The business of the Alliance was under the direct management of a board of direc- tors which consisted of 11 persons. They held office for one year, or until their suc- cessors were elected and qualified. The offi- cers of the organization consisted of a presi- dent, vice president, and treasurer, and a secretary, who was elected by the board of directors and subject to removal when they deemed it necessary for the good of the Alli- ance. The secretary was the only officer who could receive any compensation for his labors.

Annual meetings were held once a year and monthly meetings on the first Monday of each month, and a special meeting could be called by the president or vice president, or any five of the board of directors.

This organization did much toward further- ing civic betterment in the city of Bir- mingham.

REFERENCES .- Constitution and By-laws of the Citizens Alliance n. p. n. d., and letters in the files of the Alabama State Department of Ar- chives and History.

CITRONELLE. Post office and incorpor- ated town in the northern part of Mobile County, on the Mobile & Ohio Railroad, 33 miles north of Mobile. Altitude: 352 feet. Population: 1900-696; 1910-935. It has a weekly newspaper, the Citronelle Call, established in 1897; and the First National Bank. The principal industry is turpentine manufacturing.

References .- Northern Alabama (1888), p. 238; Polk's Alabama gazetteer, 1888-9, p. 267.

CITRUS FRUITS. See Fruits.

CITY COURTS. "Such courts of law and equity inferior to the supreme court, and to consist of not more than five members, as the legislature from time to time may establish." After frequent exercise and with a large num- ber of those in successful operation, the leg- islature, in an effort to reorganize, unify and improve the judicial system of the State, by act of August 16, 1915, "consolidated into the circuit court" "every court of record having the jurisdiction of the circuit court and chan- cery court, or of either, and every court of record by whatever name called, having the jurisdiction to try civil and criminal cases, or either, with juries," with the sole exception of the probate courts. In consequence of this legislative consolidation all such courts have been abolished, and all special acts repealed.

History. The authorization for the estab- lishment of these courts has existed since the constitution of 1819. It has been frequently the subject of exercise as will appear from the detailed lists below. The legislative pol- icy has been liberal in their establishment. In recent years, however, there has been com- plaint that courts have been provided in lo-

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calities where they were not needed, or where the circuit and chancery courts could attend to the business.

These courts are indifferently called city courts, law and equity courts, common law courts, criminal courts, but, by whatever name called, they are all held to be "inferior courts." They are distinguished from courts of constitutional origin, and in themselves are without constitutional recognition, save through legislative creation. "Inferior courts, whatever may be the title or designation given them, derive existence and vitality from legislative power; and the power that at will creates, may at. will destroy."-Sayre's case. The repeal has the effect also of abolishing all officers created for such courts .- Corbin's case. Numerous questions have arisen involv- ing their establishment, powers, jurisdiction, officers, salaries, etc., and through the su- preme court reports much interesting local, judicial and legislative history will be found.

Jurisdiction .- To the acts themselves ref- erence must he made for the special powers conferred, but all were usually clothed with the jurisdiction of the circuit courts, or of the circuit and the chancery courts, or in some cases of the criminal jurisdiction of the circuit court only. The code of 1886, sec. 4195, however, conferred upon all city courts, in their respective counties, unless otherwise provided, "the same criminal jurisdiction, both original and appellate, that the circuit courts have in other counties." The code of 1896, sec. 944, conferred general common law and equity jurisdiction. With the code of 1907 another provision was adopted, the object of which was to secure uniformity of procedure, viz .: "All rules and provisions of law embodied in this code pertaining to cir- cuit and chancery courts are applicable to all city and inferior courts having like or concur- rent jurisdiction, unless otherwise specially provided in this code or by special statute."

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History of Alabama and dictionary of Alabama biography, Volume I, Part 52

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