History of Alabama and dictionary of Alabama biography, Volume I, Part 56

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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Coosa Coal Field .- The Coosa Basin is the smallest, least productive, and least known of the Alabama coal fields. It is a deep syncline east of the Cahaba Basin and parallel with it, extending across Shelby and St. Clair Coun- ties, 60 miles long and 6 miles wide. Its area is something over 300 square miles. The southwestern end, like the corresponding part of the Cahaba field, is divided into two lesser basins by a narrow, faulted, anticlinal valley. Its northwestern border is a high, mountainous escarpment; its eastern border, a fault which brings Silurian strata up to the level of the Coal Measures. Like the other two fields, its general dip is toward the south- west, and hence the thickest measures are along the eastern edge and toward the south- western extremity of the field. Eighteen or twenty seams of coal have been identified in this basin, several of which are reported to have a thickness of three feet or more. The Coosa coal is remarkably pure, free from dirt and pyrite, and while not so hard as the Cahaba coal, is excellent for coking.

Coal Production, 1870-1915 .-

1870.

13,200

1893 .. 5,136,935

1871.

20,000

1894 ....

4,397,178

1872.

30,000

1895 .. .

5,693,775

1873.

44,800

1896. . . . 5,745,617

1874.

50,400

1897 .... 5,893,771

1875.

67,200

1898 .... 6,509,223

1876.

112,000

1899 ....

7,484,763

1877. .

196,000

1900. . . .

8,504,327

1878.

224,000

1901 .. 8,970,617

1879

280,000

1902. . .10,329,479

1880.

380,000

1903. . .

.11,700,753

1881.

420,000

1904. .. .11,273,151

1882.

896,000

1905. . 11,900,153

1883.

.1,568,000

1906 .. .13,107,963

1884.

. 2,240,000

1907 .. .14,250,454

1885.

. 2,492,000

1908. . .11,604,593

1886.

.1,800,000

1909. .13,703,450

1887.

1,950,000

1910 .. .16,091,979

1888

.2,900,000

1911. .15,021,421

1889.

.3,572,983

1912 .. .16,100,600

1890.

4,090,409

1913 .... 17,678,522

1891.

. 4,759,781

1914 .. .. 15,593,422

1892 ..... 5,529,312

1915 .... 14,927,937

See, for details of the history and data concerning the operations of coal mining com- panies in the State, titles for Alabama Co .; Alabama Fuel & Iron Co .; Cullman Coal & Coke Co .; DeBardleben Coal Co. Inc .; North- ern Alabama Coal, Iron & Railway Co .; Pratt Consolidated Coal Co .; Sheffield Coal & Iron Co .; Tennessee Coal, Iron & Railroad Co.

REFERENCES,-The principal authority for the general treatment of the history of coal, and of iron and steel, in Alabama is the work of Miss Ethel Armes, The story of coal and iron in Alabama (1910), a comprehensive and scholarly work portraying in attractive style the growth of the mineral industries in its relation to the development of the State and of the South, in the preparation of which the author spent more than five years. Berney, Handbook (1892), pp. 471-474, contains a brief sketch. See also Dept. of Agriculture and Industries, Alabama (Bulle- tin 27, 1907), pp. 282-286.

The most important source material consists of the publications of the Geological Survey of

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HISTORY OF ALABAMA

Alabama, issued under the direction of Dr. Eugene A. Smith, State geologist, viz: McCalley, Report on the Warrior coal field (1886) ; Squire, Report on the Cahaba coal field (1890) ; McCal- ley, Report on the Coal Measures of the Plateau Region of Alabama (1891); Gibson, Report on the Coal Measures of Blount Mountain (1893) ; and Report on the Coosa coal field (1895) ; Smith and McCalley, Index to mineral resources of Alabama (Bulletin 9, 1904), pp. 20-27; Phil- lips, Iron making in Alabama (Monograph 7, 1912), pp. 121-154; Statistics of mineral produc- tion of Alabama, 1910-1915 (Bulletins 12-16, and 19).

The contributions to the subject by the U. S. Geological Survey consist of Mineral resources of the United States, 1883-4, pp. 14-17; 1886, pp. 235-240; 1888, pp. 201, 208-213; Smith, "The Coal Measures of Alabama," in Mineral re- sources of the United States, 1892, pp. 293-300; Willis T. Lee and John M. Nickles, "Classified list of papers dealing with coal, lignite, and peat contained in publications of United States Geo- logical Survey," Ibid, 1908, pp. 197-211; M. R. Campbell and E. W. Parker, "Coal fields of the United States," in Papers on conservation of natural resources (Bulletin 394, 1909), p. 17; Charles Butts, "Fuels and fluxes," in Iron ores, fuels, and flures of Birmingham district, Ala- bama (Bulletin 400, 1910), pp. 170-189; C. W. Hayes, "The southern Appalachian coal field," in 22d annual report, pt. 3, 1900-1901, pp. 233- 263, maps and pls. See also U. S. Bureau of Mines, Analyses of mine and car samples of coal collected in the fiscal years 1911 to 1913 (Bulle- tin 85, 1914), passim.

COAL CITY. Post office and station on the Seaboard Air Line Railway, In the east- central part of St. Clair County, 10 miles southeast of Ashville. Population: Coal City Precinct, 1890-1,290; 1900-1,527; village proper, 1900-509; 1910-685. It is a coal- mining and coke-making town, and was given Its name by Capt. John Postell, general man- ager of the East & West Alabama Railroad Co. The post office was established in 1883.

REFERENCES .- Lippincott's gazetteer, 1913, p. 433.

COAL OPERATORS ASSOCIATION. A voluntary business organization founded in April 1911, located in Birmingham, and hav- ing as its objects "to promote stable, just, harmonious and businesslike relations be- tween the coal operators of Alabama, their employes and the public; to secure in coal trade agreements a recognition of the legiti- mate needs and rights of the employers; to aid in enforcing agreements between the mem- bers of this Association and their employes when made; to aid in seeing that suspension of operations in violation of contract is visited with adequate penalties; to see that any mem- ber of this Association suffering from strikes in violation of contract is sustained and sup- ported; to promote businesslike methods in negotiating agreements and in operating under them; to compile coal mining statis- tics and, in general, to promote in all lawful

ways the interests of the coal operators of the State."

Membership is limited to persons, firms or corporations engaged in operating one or more coal mines, or in opening new coal mines, within the State. Its officers are a president, a vice president, a secretary-treas- urer ( who also acts as commissioner), all elected annually. An executive board acts for the association when not in session. The secretary-treasurer is a salaried official, and has executive charge of the business and the work, as directed by the Association itself, the executive board, or the president. Under the general affairs committee and the presi- dent, he has charge of the enlightenment of public opinion, that the public may know that the operators desire to respect the agreements entered into with employees, and "to enlist its moral support in behalf of this organiza- tion to the end that violations of agreements on either side may be condemned and re- buked."

Activities .- The activities of the Associa- tion have been directed towards the orderly and systematical development of the objects stated in the paragraph above. During its first year a reduction in freight rates of 15 cents per ton to common and junction points in Mississippi under the rates of Illinois and Kentucky mines had been secured, the sum of $13.500 was collected for the benefit of dependents of the mine explosion victims of 1910, and a Government mine rescue station was located in the district. The State mining law of 1911 was prepared by the mine casu- alty and executive committee of the associa- tion. This law contains the most important features of the advanced mining laws of the country. A larger and better paid corps of inspectors for enforcement are provided.

Not only mine sanitation, but general sani- tation and Improved health conditions among mine employees has had the persistent atten- tion of the association. Living conditions, fire waste, wholesome recreation and the improve- ment of educational conditions have had care- ful consideration. Sanitary pamphlets in large numbers have been printed and dis- tributed, dealing with such subjects as the fly, mosquito, sanitary privy, isolation and disin- fection, wells and springs, typhoid fever, etc. At the meeting of 1916, there was a general discussion of the subject of "Tax assessment valuation on mineral lands and equalizing the same."

Meetings .- Under the auspices of the Asso- ciation, meetings have been held as follows: June 17, 1909, East Lake; July 30, 1910, East Lake; July 29, 1911, East Lake; July 12, 1912, Docena; July 26. 1913. Marvel; (no record for 1914) ; July 10, 1915, Edgewater; Sept. 16, 1916, Empire.

At these meetings technical papers are pre- sented, and the subjects of sanitation and welfare, the relation of employers and em- ployees, and needed reforms in mining opera- tions and legislation are discussed. They have been very well attended, and at many times experts have been present.

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HISTORY OF ALABAMA

PUBLICATIONS .- Constitution (n.d.); Proceed- ings, 1910-1916; Papers, No. 1, 1912; No. 2, 1915; Safety pamphlets, Nos. 1-3, 1912-1913; Sanitary pamphlets, Nos. 1-8, 1912-1916; Welfare pamphlet, No. 1, 1913.

See Coal; Mine Safety Station.

REFERENCES .- See Publications supra.

COASSATI. An Alibamu town in Elmore County, situated on the west bank of the Alabama River, a few miles below the union of the Coosa and Tallapoosa. The American village of Coosada occupies the old site in part. The Coassati spoke the language of the Alibamu, and are here identified as of the same lineage and linguistic stock. How- ever, they are by some thought to be of dif- ferent lineage. The first event of record in their history was the visit of Bienville In 1714, who was cordially received. In 1722 Big Mortar was the chief of the Coassati. Under Lieutenant Villemont he and his war- riors were a part of the Indian force that fought the mutineers of Fort Toulouse on Line Creek. The town appears correctly lo- cated on Danville's map, 1732. At this time it was a well known Indian town. In 1763, on the surrender of West Florida, two towns of the Coassati, with the Oktchayudshi, aban- doned their native seats and settled on the west bank of the Tombigbee, below the influx of the Sukinatchi, but about 1768 it appears that they returned to their former homes. The fact that there were two towns included in this migration would indicate that the original village had grown and had thrown off several small settlements. The Coassati, under the rule of Captain Isaacs, were of evil repute because of many bloody inroads made hy them far away on the Cumberland settlers in Tennessee. Twenty-one years later during the Creek War, 1813-14, this chief and his people, at least a part of them, were true friends and allies of the Americans, while their Alihamu kinsfolk "were furious advo- cates of American extermination." It is in- teresting to note that notwithstanding this friendly attitude, there must have been some cause for grievance, since the town was burned by Lieut .- Col. John H. Gibson in April, 1814.

After the Creek War the history of the town is uneventful. As a result of various migrations its people are represented in scattered settlements of the Alabama Indians, which survive in Louisiana, Texas and Okla- homa. The word is spelled in nearly fifty different ways. Of these Coosauda perhaps varies farthest in sound from the native pro- nunciation. The word is best presented in English as Coshattee. Gatschet suggests that the name Coassati may signify "white cane." If this is true the etymology must be sought in Choctaw. In that language Kusha hata means "white reed," or "white reedbrake," worn down into Kushata, and from it corrupted into various forms. Of this town Hawkins, in 1799, says: "Coo- sau-dee, is a compact little town situated three miles below the confluence of Coosau

and Tallapoosa, on the right bank of Ala- bama; they have fields on both sides of the river; but their chief dependence is a high rich island, at the mouth of Coosau. They have some fences, good against cattle only, and some families have small patches fenced, near the town, for potatoes.

"These Indians are not Creeks, although they conform to their ceremonies; the men work with the women and make plenty of corn; all labor is done by the joint labor of all, called public work, except gathering in the crop. During the season for labor, none are exempted from their share of it, or suffered to go out hunting.

"There is a rich flat of land nearly five miles in width, opposite the town, on the left side of the river, on which are numbers of conic mounds of earth. Back of the town it is pine barren, and continues so westward for sixty to one hundred miles.

"The Coo-sau-dee generally go to the market by water, and some of them are good oarsmen. A part of this town moved lately beyond the Mississippi, and have settled there. The description sent back by them that the country is rich and healthy, and abounds in game, is likely to draw others after them. But as they have all tasted the sweets of civil life, in having a convenient market for their products, it is likely they will soon return to their old settlements, which are in a very desirable country, well suited to the raising of cattle, hogs, horses. It is not more than three years since they had not a hog among them. Robert Walton, who was then the trader for the town, gave the women some pigs, and this is the origin of their stock."

REFERENCES .- Hawkins sketch of the Creek Country (1848), p. 35; Pickett, History of Ala- bama (Owen's ed., 1900), pp. 193, 229, 230, 426, 516-519; Hamilton, Colonial Mobile (1910), p. 188; North Carolina Colonial Records (1890), vol. 7, p. 281; Adair, American Indians (1775), p. 267; Romans, Florida (1775), p. 327; Ala- bama Historical Society Transactions, 1897-1898, vol. 2, p. 134; Handbook of American Indians (1907), p. 719.

COAST AND GEODETIC SURVEY. A division of the United States Department of Commerce, "charged with the survey of the coasts of the United States and coasts under jurisdiction thereof, and the publication of charts covering said coasts. This includes base-measure, triangulation, topography, and hydrography along said coasts; the survey of rivers to the head of tide-water or ship navi- gation, and throughout the Gulf and Japan streams; magnetic observations and re- searches, and the publications of maps show- ing the variations of terrestrial magnetism; gravity research; determination of heights; the determination of geographic positions by astronomic observations for latitude, longi- tude, and azimuth, and by triangulation to furnish reference points for State surveys."

Its activities in Alabama date from 1845, with the measurement of a base at Dauphin Island, a very important event in the history

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HISTORY OF ALABAMA

of the survey. The first triangulation was made in 1846. The first astronomic stations established were: Latitude at Fort Morgan in March and April, 1847; azimuth at Fort Morgan April and May, 1847; and longitude at Montgomery in 1856. Topographic sur- veys on the coast, either in Mobile Bay, Mo- bile River, Mississippi Sound, Perdido Bay, or Perdido River are recorded for the following years: 1845-46, 1847, 1848, 1849, 1850 1853, 1867, 1868, 1890, 1891, 1892 and 1908. Hydrographic surveys of the same areas were made in 1847, 1848, 1849, 1850, 1851, 1852, 1890, 1891, 1892, 1894, 1898 and 1908. Vari- vus charts have been published, including the coast of the state.

Astronomical data, results of levelling, geographic positions of triangulation stations, gravity data, operations of field parties, tide observations, tabulation of tide gauge records, magnetic observations (declination, dip and horizontal intensity), covering Alabama either in whole or in part, are to be found in the various reports and other publications of the survey.

REFERENCES .- Everhart, Handbook of United States Public Documents (1910), pp. 85-87; New International Encyclopaedia (1914), vol. 5, pp. 509-511 and manuscript data in the Alabama Department of Archives and History.

COATOPA. A town and creek in Sumter County. The town is located on the Southern Railway, from Demopolis to York. The creek flows near the town and empties into the Sucarnochee. The word is Choctaw, Kol aho- topa hok, by elision Koi atopa hok, Koatopa bok, meaning "Creek where the panther is hurt," or literally "Panther there hurt creek."

REFERENCE .- Manuscript data in the Alabama Department of Archives and History.

CODES. "A body of laws established by the authority of the state, and designed to regulate completely, as far as a statute may, the subject to which it relates," a definition repeatedly quoted with approval by the courts of Alabama, and liberally applied in the inter- pretation and construction of the several digests or codes, adopted by the legislature.

A code is something more than a mere compilation and revision of former statutes. Not only are many former statutes wholly omitted, but many of its provisions are at variance with such statutes. In it are in- corporated many of the expositions of the common law announced by the courts, but which had been the subject of legislative en- actment. In like manner many of its pro- visions abrogate common law principles, which the decisions of the courts had firmly engrafted on the jurisprudence of the state. Further, it is not merely cumulative of the common law and made to perfect the deficien- cies of that system, hut it is designed to create a new and independent system, applicable alike to our local institutions and peculiar form of government. Therefore, where a statute disposes of the whole subject of legis- lation, it is the only law. Otherwise two

systems would exist, where one only was intended to operate.

Statutes omitted from the code, if not with- in some exception of the act adopted in the code are thereby repealed. A local law is not repealed by the adoption of the code.

General permanent and public statutes omitted from the code are repealed, hut such omission does not affect any existing right, remedy or defense.

Code provisions which are inconsistent with statutes passed at the session at which the code was adopted are superseded.

Where enactments are embraced in the code and are made to form parts of it, and are adopted as such, all infirmities of legis- lative procedure in the original enactment are cured.

The code itself contains a series of declara- tions, set forth in sec. 10, Code of 1907, indi- cating its scope and binding force, a section known generally as the saving provision of the code:

"This Code shall not affect any exisiting right, remedy, or defense, nor shall it affect any prosecution now commenced, or which shall be hereafter commenced, for any offense already committed. As to all such cases the laws in force at the adoption of this Code shall continue in force. This section does not apply to changes in forms of remedy or defense, to rules of evidence, nor to provisions authorizing amendments of process, proceed- ings, or pleadings in civil causes. Local, private, or special statutes, and those public laws not of a general and permanent nature, and those relating to the swamp and over- flowed lands, and those relating to the public deht, and those relating to institutions of learning, and those relating to the jurisdiction and practice of courts in any division, circuit, county, or other territory less than the entire state, are not repealed hy this Code. But subject to the foregoing provisions, all stat- utes of a public, general, and permanent nature, not included in this Code, are re- pealed."

The several digests or codes have been compiled, or codified by commissioners. De- tails appear hereinafter. In the performance of their duties, the commissioners are held to a strict compliance with the acts of appoint- ment, and the courts will look to these acts, as well as the acts adopting and ordering the printing and distribution of the code, to determine legislative purpose and intent. In the case of every compilation or code, where an attack has been made, based on the alleged failure of the commissioners to comply with the acts providing for such compilation, or adoption, publication etc., the courts have held that there has been general compliance, and the codes have been upheld. However, sections have been struck down or declared invalid because of the failure of compliance in specific instances.

The constitutional provision, sec. 45, 1901, that "Each law shall contain but one subject, which shall be clearly expressed in its title," expressly excepts "bills adopting a code, digest or revision of statutes." This excep-

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HISTORY OF ALABAMA

tion first appeared in the constitution of 1875. However, prior to this special provision, the courts had held, that a code was valid, if the bill itself by which it was adopted, passed through the prescribed constitutional and and statutory forms.

In Dew v. Cunningham it was held that though the code of 1852 may not have been read upon three several days in each house of the legislature prior to its adoption, the bill adopting it as the law of the state, pur- sued the form prescribed by the constitution. and was read three several days, and that it therefore satisfied the constitutional requisi- tion.

The construction of the code, and its effect upon the body of legislation, is made the duty of the courts. If there be contrariety, or repugnancy, or inconsistency in any of its parts, such as may exist in any body or any system of laws, or as not infrequently exists in statutes enacted at different periods, the courts are under the duty of interpreting and construing them, or rendering them harmoni- ous and consistent if possible, or if that be not possible declaring which shall prevail. The adoption of the code is presumed to have carried the judicial construction which had been placed on former statutes, and the re- enactment therefore of provisions substanti- ally the same as those contained in former statutes, is a legislative adoption of their known judicial construction. It is a further principle of construction that when the effect of condensing, embodying and arranging statutes in a code, is to create ambiguity or doubt as to their proper construction, the court will refer to and consult the original acts. in connection with their history, and also of the sections proximate in arrangement, with which they are supposed to be correla- tive in order to ascertain the legislative intent. Although a difference in phraseology and arrangement may be made by the codi- fiers, this does not of necessity work a change of construction. Unless the alteration of the original act is of such a character as to mani- fest a clear intent to make a change in the construction and operation, effect will be given to the statute as originally framed by the legislature. The original manuscript of the code. as adopted by the legislature, governs the printed copy. Other principles of interpretation will appear from the extract given below from Fretwell v. Mclemore, 52 Ala .. p. 145:

"The first chapter of the Code is devoted to the signification of words and phrases as used in the Code. The meaning declared is generally that which the common law would have affixed. in the absence of these declara- tory provisions. 'Property,' would have in- cluded real or personal property; 'real prop- erty,' would have been deemed coextensive with lands, tenements, and hereditaments; a 'month,' or a 'year,' would, if not otherwise expressed, have signified a calendar month or year. The time within which an act was to be done, would have been computed by ex- cluding the first and including the last day. Numerous instances will suggest themselves

to the professional mind, in which the Code is but an expression of a rule of the common law, and often of decisions of this court. To avoid so regarding them, and ascribing to them some other field of operation than that given them at common law, no meaning has been imputed to them which would defeat a well defined policy the statutes intend to advance."

Toulmin's Digest, 1807 .- The first codifi- cation or compilation in collected or di- gested form was what is known as Toul- min's Digest of 1807. The legislature of the Mississippi Territory had adopted a resolution at its session of 1806, requiring the governor to cause a digest to be made for submission to the next session. To this task, he appointed Harry Toulmin, then superior court judge for the Washington district, including the then settled portion of southern Alabama. Judge Toulmin submitted the manuscript, and the legislature, February 10, 1807, passed an act in which it was declared that "the said digest, containing the act here- inafter mentioned, is received and established as the law of said Territory." The act re- quired Judge Toulmin to include all of those passed at the session of 1807, and to elim- inate from his work, those acts that had heen repealed or modified by this session, and after which, he was to cause the same to be printed. This provision with reference to the laws to be included, and the force and effect to be given them was adopted, namely:

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History of Alabama and dictionary of Alabama biography, Volume I, Part 56

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