History of Alabama and dictionary of Alabama biography, Volume I, Part 61

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 61

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).

The appended list shows the commission governed cities of the State and the dates of adoption of the plan:

Birmingham, Apr. 10, 1911.

Carbon Hill, Sept. 23, 1911.

Cordova, Sept. 4, 1911.

Florence, Aug. 31, 1914.

Haleyville, Nov. 6, 1911. Hartselle, Aug. 16, 1911.

Huntsville, June 19, 1911.

Mobile, Aug. 14, 1911.

Montgomery, Apr. 10, 1911.

Sheffield, Aug. 22, 1912.

Sylacauga, July 12, 1912.

Talladega, Aug. 4, 1911.

Tuscaloosa, June 26, 1911.

Commission Government Laws of Alabama. -The first commission government law of the State, enacted March 31, 1911, authorizes its adoption by cities having "a population of as much as one hundred thousand people," and applies to Birmingham alone. The second law, April 6, 1911, applies to cities having as many as 25,000 and fewer than 50,000 people, conditions which make it applicable to Mont- gomery alone. The third law, April 8, 1911, applies to all cities and towns "which now are not, or hereafter may not be, within the in- fluence or operation of any other valid legis- lative enactment authorizing or adopting such form of government." Mobile alone comes under the provisions of this act. The fourth law, enacted April 21, 1911, applies to all "Class D" cities, or those with a population of more than 1,000 and less than 25,000. It provides for three commissioners, each in charge of one of three departments, viz, (1) department of public safety and public health; (2) department of streets, parks, city and public property and city and public im- provements; and (3) department of accounts, finances and public affairs. It also provides for the recall of the commissioners, but not for the initiative or referendum. Special pro- vision is made by act of September 25, 1915, for cities under the commission form of gov- ernment to abandon it, after an election upon the question.

Birmingham .- The first, or Birmingham law, was amended September 25, 1915, mak- ing several important changes. For a com- mission of three members who served for three years, there was substituted one of five members who serve for four years. The members of the old commission received sala- ries of $7,000 a year. The president of the new commission receives $5,000 and each of the other members, $4,000 a year; and all of them are required to devote their full time to the duties of their offices.

The first plan grouped . the administrative functions of the government into three depart- ments, while the present plan provides for five departments, each in charge of one com- missioner chosen by the commission itself, as follows: (1) department of general adminis- tration, finances and accounts, which has jur- isdiction of legal affairs, the purchase of sup- plies, the collection of taxes, licenses, etc., the disbursement of funds, the management of the sinking fund, and all the financial affairs of the city; (2) department of public improvements; (3) department of public property and public utilities, which supervises the management and maintenance of all pub- lic buildings, parks, playgrounds and public utilities, "either owned and operated by the

311

HISTORY OF ALABAMA

city, or operated by private corporations under franchises or contracts with the city; (4) department of public safety, with supervision over the fire and police departments; (5) department of public health and education.

The powers and duties of the foregoing departments are fixed by the commission; however, the law stipulates that the president shall be the general executive officer of the city, "charged with the general supervision and direction of its affairs."

Candidates · for commissioner are nomin- ated by petition, which must be signed by at least 200 qualified voters, and a majority of the votes cast for any office is requisite to election thereto. In default of such a ma- jority, a second election is held on the same day of the following week to decide the issue between the two candidates for each office who received the highest number of votes in the first election.

Any commissioner may be recalled upon petition of at least 3,000 qualified voters; and ordinances may be introduced upon the initia- tive of 1,500 qualified voters, whereupon they must either be enacted by the commission or submitted to the vote of the people at a refer- endum election.

Montgomery .- The commission provided for Montgomery by the act of April 6, 1911, consisted of five members, holding office for five years, and each receiving $3,000 a year except the president whose salary was $4,500. There were five departments, each adminis- tered by a commissioner, as follows: (1) public affairs; (2) accounts and finance; (3) police and fire; (4) streets and parks; 5) public property and public improvements.

An act of February 5, 1915, passed over the governor's veto, amended the former law. The number of commissioners was reduced from five to three, serving four years, and each receiving a salary of $3,000. The num- ber of administrative departments was cor- respondingly reduced, the new plan providing for (1) the department of public affairs; (2) department of finance; and (3) department of public works. The police and fire depart- ments were removed altogether from the jurisdiction of the board of commissioners and placed under the supervision of a board of public safety, consisting of three members serving without pay, which appoints the chiefs of these departments. Both the old and the new laws made provision for pensioning mem- bers of the police and fire departments, and both authorize the recall of any commissioner upon petition of at least 1,000 qualified voters. No provision is made in the Mont- gomery plan for popular initiation of city ordinances; but a referendum may be com- pelled on any ordinance passed by the com- mission, within 10 days of its adoption, upon petition of qualified electors equal in number to 25 per cent of the entire vote cast in the last general municipal election, and no such protested ordinance takes effect unless a ma- jority of the legal votes cast are in favor of its adoption.

Mobile .- The commission government pro- vided for the city of Mobile is similar in most

respects to that of Birmingham. There are three members of the Mobile commission, who will, after the expiration of their present terms, serve for terms of six years. One of their number is by themselves chosen mayor, and is the general executive officer of the city. Their compensation is computed on the basis of $1,000 a year salary for each 10,000 of population or major fraction thereof, pro- vided it shall in no event exceed the rate of $7,500 a year.

The law left the distribution of powers and duties between three departments, each in charge of a commissioner, to a majority decision of the commission, by which they have been arranged as follows: (1) water- works, sewers, harbor, wharves, and high- ways; (2) accounts, revenue, and finance, public buildings and Institutions and their improvement, fire, lighting and electricity, markets, parks and playgrounds; (3) health, - justice, sanitation, pounds, police, cemeteries, meat and milk, weights and measures.

Nomination of candidates for commissioner is by petition of such number of voters as equals or exceeds 3 per cent of the total num- ber of votes cast in the last municipal elec- tion; and any commissioner may be recalled upon petition of a number of voters equal to 25 per cent of the total votes cast in the last election. The Mobile plan is the only one in force in the State which authorizes the use of the preferential ballot in electing commission- ers. Under this plan, every voter indicates his first and second choice for each office.

An act of September 28, 1915, amending the first Mobile commission plan, provides for popular initiation of ordinances and for a referendum of ordinances so proposed but not adopted by the commission within 30 days.

Results .- Of the towns listed above, only one, Huntsville, has returned to the old sys- tem. This was done in 1917, under the law authorizing the change. One of the officers writing in reference to the subject says: "We found the commission form of government unsatisfactory. We like the aldermanic much better, and our city in a financial way is con- sidered much improved."

With the exception of Mobile, facts con- cerning the general operation of the new form of government are not at hand. Harry Pil- lans, the then Mayor-President, in 1917 pre- pared a statement concerning the plan in that city and which is here given in full, as illus- trative of some of the fruits of commission government:

"1st. The lopping off of unnecessary or dispensable offices, resulting In a saving of about $25.000.00 a year, without reduction in the efficiency of the departments.

"2nd. The obtaining of a small percentage revenue from the banks of deposit of the city, aggregating a revenue of about $7,000.00 per annum, average, since Commission Govern- ment was inaugurated.

"3rd. The increase in the supervision and consequent efficiency of all of the practical departments, particularly in the line of public works and the like, by having the responsible head of the department give his entire time

312

HISTORY OF ALABAMA

to the duties assumed by him as Com- missioner, and particular attention paid in consequence, to the details of the work and the needs of the departments.

"4th. Promptness and efficiency in the purchase of supplies, the making of contracts needful in the administration of city affairs, and especially in the investigation of com- plaints and remedying the evil complained of. "5th. The introduction of money and labor saving methods in the water depart- ment, whereby the water consumption and waste has been reduced from upwards of 13,- 000,000 gallons per day to less than 8,000,000 gallons per day, notwithstanding the increase in the number of consumers; this by the ap- plication of business principles to the admin- istration of the department,-the restoration and perfecting of the pumping apparatus, and notably the introduction of the system of compulsory metering in lieu of the voluntary metering system, so that today 50 per cent of the twelve thousand and odd services are metered, with a consequence reduction in the cost of the coal consumed at the two pumping stations, which was $24,000.00, to $12,000.00 per annum; in other words, a saving of 50 per cent of the coal account.

"Further, in this connection, it may be noted that by the installation, at one of the stations, of an elevated trestle, the cost of coal handling at that station, amounting to thousands of dollars a year, was eliminated.

"6th. In the line of public works, owing to the concentration of authority in few hands, it became possible to introduce and effect a system of concreting the drainage canals throughout the city where formerly there were great earth ditches with sloughing and wearing banks, and bottoms filled with pools of stagnant water. bull rushes, reptiles and vermin,-this work resulting in an immediate outflow of the water in clean canals, getting rid of mosquito breeding places, and practi- cally eliminating the areas of malaria menace, for the malaria survey made by the United States disclosed not a single mosquito larva in any of these great concrete drains and cul- verts, of which miles have been laid.

"7th. By this concentration of authority and counsel, the Commission was able to to carry out the public works Commissioner's theory that the unpaved streets, and we may say unpavable streets, in view of the small means of those living upon them, were sus- ceptible of improvement at not an excessive and burdensome cost so as to make them good streets, with the result that in this city. with- in the five years of Commission Government, notwithstanding the loose character of the soil in the sandy plain upon which this city is built. there are to-day, improved streets quite as travelable as pavements, to the ex- tent of about 45 miles, outside of the 38 1% miles of paved streets. In fact, the greater part of the streets beyond the paved district have been improved, and those not yet im- proved are being improved under this sys- tem, without the imposition of any assess- ment upon the abutting owners, and without any increase whatever in the amount annually

appropriated for and expended on unpaved streets, when nothing was done for their betterment. Concrete bridges likewise have been generally adopted over all of the large open drains or canals, effecting a decided sav- ing to the treasury in the purchase of more and more and higher and higher priced lum- ber.

"8th. The public wharves, which had been acquired in the past, and bulkheaded in the near past, but which were distinctly sandy plains containing hills and dales and numer- ous pools of water, on their surface, and which were unsheltered save for a few shak- goods awaiting steam boats, etc., were leveled, shelled, cherted; the small decaying wooden sheds we removed and a great steel shed of nearly 1,250 feet in length by 117 feet breadth of roof installed, parallel to the front, and floored with a concrete-cement flooring. This shed was connected by rails in front and behind with the entire system of roads enter- ing the city, as the result of the contract made between the city and the road laying the rails, assuring equal treatment of all,-thereby there has been assured to the public at all times fairness of treatment of all ships and shippers, an outlet against any possible or attempted monopolization by the rail carriers or others, of the sea and rail' traffic inter- change.

"9th. Handsome additional park proper- ties have been acquired and an elaborate and handsome park equipped, and progress is being made in the improvement of the unim- proved new park.

"10th. The city has steadily and quietly, under the Commission system, sought for and acquired water shed lands, increasing the holdings, during the past five years, by more than 1,000 acres, above what was formerly owned, and thereby assuring the perpetua- tion of a clean source of water supply.

"11th. The Commission more than doubled the hospital facilities at the city hos- pital, adding another building as great as the former one, remodeling and beautifying at the same time the old building, and has to-day, perhaps the model hospital of the city in attractiveness, capacity and cleanliness, although a charitable institution.

"12th. It has kept up its fire service and increased the same by adding motor driven pump and house units; set up, for the first time, a fire boat service, introduced motor patrol wagons and other vehicles in the police and health departments.

"13th. The crowning merit, as I conceive, of the Commission's work at Mobile, is, that limited as is the income of the City and tremenduous as are the needs of modern municipal life, so careful has the equation of income and expenses been struck, that the city has maintained itself, within the limits of its income. For example, last year's state- ment shows an income of $498,834.96 and an expenditure of $498,813.08, a credit of $21.88 for the year, notwithstanding the tre- mendnous losses incident to the hurricane of July 5th, 1916.

"14th. One hundred and fifty thousand

313

HISTORY OF ALABAMA

dollars worth of new school houses have been built. More than $100,000.00 have been ex- pended in completing the sanitary sewer sys- tem of the city, so that 90 odd per cent of the houses are sewered.

"Of course this does not include any claim of good or progressive work done by the city that is mere continuation of the methods in vogue when Commission Government came in, which are, of course fairly attributable to the old government.

See Cities and Towns.

REFERENCES .- General Acts, 1911, pp. 204-223, 289-315, 330-355, 591-610; 1915, pp. 52-76, 770-773, 789-807, 869-874; U. S. Bureau of the Census, General statistics of citics, 1915; and Financial statistics of cities, 1915; Beard, American city government (1912); Bruere, The new city gov- ernment (1913); Toulmin, The city manager (1915); Library of Congress, Select list of refer- ences on commission government for cities (1913); Mclaughlin and Hart, Cyclopedia of American Government (1914); Montgomery Or- ganization Committee, Commission government defined and discussed (1910), pp. 16; and Re- sults of the commission form of government in five typical cities (1910), pp. 8; F. P. Glass, "Municipal government by commission," paper read before The Thirteen Club, Montgomery, Ala., pp. 6; The Short Ballot Organization, New York, The "commission plan," how it puts the people on top in politics (n. d., folder). The case of State ex rel. Crenshaw v. Joseph, 175 Ala., p. 579, contains a review of the Montgom- ery Commission, Act of 1911; and State ex rel. Terry v. Lanier, 197 Ala., p. I, involves the ap- plication of the recall to Huntsville, under Act of Sept. 25, 1915, above referred to.

COMMISSIONERS' COURTS. Courts of record, established by statute in the several counties of the state, and composed of the judge of probate, "as principal judge," and four commissioners. They hold their offices for four years, from the first Monday after the second Tuesday in January next succeeding their election, and until their successors are elected and qualified. The court may be held by the judge of probate and two commission- ers, or by three commissioners without the judge. Regular terms are required to be held on the second Mondays in February and Octo- ber, and the first Mondays of April and No- vember. The court has original and unlimited jurisdiction in relation to the establishment, change or discontinuance of roads, bridges, causeways, ferries, and stock law districts within the county, except where otherwise provided by law. It has authority to direct and control the property of the county includ- ing the arrangement and use of rooms in the court house, to levy general and special taxes in accordance with law, to examine. settle and allow accounts and claims chargeable against the county, to examine and audit accounts of officers of the county handling public monies, the support of the county poor, to provide map and plat books showing the subdivisions of lands of the counties, to compromise claims in favor of the counties, to punish for con- tempt, and to exercise such other powers as

are or may be given by law. The probate judge is the keeper of the records of the court. The commissioners' court exercises powers that are judicial, executive, ministe- rial and legislative. It is an inferior court of limited jurisdicton, and everything necessary to sustain jurisdiction must affirmatively appear on the face of its records.

History .- During the entire history of the state, the civil business of the several coun- ties has been committed to a group or body of officers, variously known as justices of the quorum, justices of the county court, com- missioners of revenue and roads, courts of county commissioners, and hoards of revenue. Their jurisdiction, powers and authority gradually developed through territorial legis- lation into the adoption of an act of June 14, 1821, in which provision was made for the election of "four commissioners of the revenue and roads who shall serve for one year, any two of whom together with the judge of the county court shall constitute a court, to levy the county tax, to lay out and discontinue roads, have and exercise all the power in relation to roads, bridges, highways, ferries and causeways, which are at present given to, and exercised by the orphans' or county court; and make the appointment of such county officers as by law are directed to be appointed by the county court." In this form the law practically remained as to powers and duties until the code of 1852, at which time the statute was substantially re- written in its present form.

There is no general provision for the sub- division of the several counties into com- missioners' districts. The entire county votes for the four commissioners, who may be elected from any part of the county. However, for many of the counties special laws have been passed, either fixing dis- tricts, or empowering county commissioners to do so. Special laws have also been passed governing elections of commis- sioners, in some cases requiring reidence in the district, or requiring their election by the voters of the districts only. In February 1887 such a law was passed for Blount County, which may be taken as typical. It divided the county into "four commissioners' districts, numbered and composed of the territory" de- scribed in the act, but the court of county commissioners was authorized whenever necessary, by an order entered on the minutes, to increase, alter or diminish the territory in the several districts, "the full board with the judge of probate concurring therein." It also provided that every commissioner should be elected, "by the qualified electors of the dis- trict." The legislature of 1915 was called upon to pass several acts of this, or of a simi- lar character, in reference to commissioners districts, elections of commissioners, etc.

In the performance of the duties imposed, and in the exercise of the jurisdiction con- ferred, the historical development of these courts is of great interest and significance. The personnel of the courts has largely deter- mined standards and progress of county de- velopment in an official way. Because of in-

314

HISTORY OF ALABAMA

difference to duty or to its improper per- formance, or in order to relieve a county from the incubus of corrupt officials, the legislature has from time to time abolished these courts, providing other agencies, or has reorganized them by other names. providing for the appointment of the members in such a way as to secure relief, or to save counties from further embarrassments. The courts have also been the vehicle of partisan party politics in some cases, resulting in reorganization.

During the period of reconstruction, in con- nection with the endorsement of railroad bonds, or the subscription to various railroad building enterprises, these courts were given extensive powers, in many cases the subject of abuse. The acts of the legislature, and the reports of the supreme court, contain details of the history of such transactions. See cita- tions in the References below.

REFERENCES .- Acts, June, 1821, p. 18; 1886-87, p. 797; Code 1907, secs. 3306-3323; Toulmin, Digest (1823), pp. 109, 175, 206; Aikin, Digest (1833), p. 86; Clay, Digest (1843), p. 149; Code 1852, secs. 697-707; Brickell, Digest (1888), pp. 183-184; State ex rel. Tyson v. Houghton, 142 Ala., p. 90; Acts, 1874-75, pp. 513-516; 1876-77, pp. 162-163; Local Acts, 1903, pp. 166-167.

COMPROMISE OF CLAIMS, STATE BOARD OF. An ex officio State executive board, con- sisting of the governor, attorney general, and State auditor, originally created February 13, 1879. The board has "authority to adjust, com- promise and settle, on such terms as to them may seem just and reasonable, and claim of the State against any person or corporation, or any public officer, or his sureties, or be- cause of negligence or default in the safekeep- ing, collection, or disbursement of the public moneys, or funds, or property, by any officer having charge or custody of either." The settlement or compromise having been made, the governor is required to file a statement thereof in the office of the State treasurer, showing the nature and character of the claim, the terms of the settlement or com- promise, and the reasons therefor

Prior to the act of 1879, no means were provided for the adjustment of claims of the State against individuals, other than in the courts. Therefore, the legislature was called upon at every session to pass relief acts to cover cases where defendants were held liable technically, and such relief acts were passed in some cases before a suit was filed, and also in cases where the litigation had been concluded.

The effect of the establishment of the board of compromise was to avoid litigation, and at the same time, save the necessity for legisla- tive relief. As still further simplifying pro- cedure and relieving the legislature of the necessity for the consideration of such sub- jects, the constitution of 1901 prohibited fur- ther special acts of this character. Sections 2441 and 2442 of the code of 1907, quoted in the first paragraph above, are broader in terms than the original act, which appeared to limit the compromise to claims "arising against persons under the revenue laws of the

State." The enlargement of the scope of the duties and powers or authority of the board seems now to take care of practically all claims whatever obtaining in favor of the State against individuals.

The parenthetical note after section 2441 in the code is said to follow sections 1 and 2 of an act of February 23, 1883, which is evi- dently erroneous, although the provisions of the act of February 23, 1883, are embodied in article 1 governing actions and suits by the State.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Alabama and dictionary of Alabama biography, Volume I, Part 61

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