USA > Alabama > History of Alabama and dictionary of Alabama biography, Volume I > Part 70
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123 | Part 124 | Part 125 | Part 126 | Part 127 | Part 128 | Part 129 | Part 130 | Part 131 | Part 132 | Part 133 | Part 134 | Part 135 | Part 136 | Part 137 | Part 138
1st sess., Dec. 2, 1907-May 30, 1908. 2d sess., Dec. 7, 1908-Mar. 3, 1909.
Senators.
John T. Morgan, Selma. Died June 11, 1907.
John H. Bankhead, Fayette. Appointed to succeed John T. Morgan, deceased; took his seat Jan. 13, 1908; subsequently elected.
Edmund W. Pettus, Selma. Died July 27, 1907.
Joseph F. Johnston, Birmingham. Elected to succeed Edmund W. Pettus, deceased; took his seat Dec. 3, 1907.
Representatives.
1. George W. Taylor, Demopolis.
2. Ariosto A. Wiley, Montgomery. Dieđ June 17, 1908.
Oliver C. Wiley, Troy. Elected to succeed Ariosto A. Wiley, deceased; took his seat Dec. 7, 1908.
3. Henry D. Clayton, Eufaula.
4. William B. Craig, Selma.
5. James T. Heflin, Lafayette.
6. Richmond P. Hobson, Greensboro.
7. John L. Burnett, Gadsden.
8. William Richardson, Huntsville.
9. Oscar W. Underwood, Birmingham.
SIXTY-FIRST CONGRESS.
Mar. 4, 1909-Mar. 3, 1911.
1st sess., Mar. 15, 1909-Aug. 5, 1909. 2d
sess., Dec. 6, 1909-June 25, 1910. 3d sess., Dec. 5, 1910-Mar. 3, 1911. Special sess. of Senate, Mar. 4-6, 1909.
Senators.
Joseph H. Johnston, Birmingham. John H. Bankhead, Fayette.
Representatives.
1. George W. Taylor, Demopolis.
2. Stanley H. Dent, jr., Montgomery.
3. Henry D. Clayton, Eufaula.
4. William B. Craig, Selma.
5. James T. Heflin, Lafayette.
6. Richmond P. Hobson, Greensboro.
7. John L. Burnett, Gadsden.
8. William Richardson, Huntsville.
9. Oscar W. Underwood, Birmingham.
REFERENCES .- The several references or au- thorities for the foregoing, for practical pur- poses are presented under the subtitles of Laws, Contested Elections, Biographies, Memorial Ad- dresses, and Bibliography.
Laws .- Toulmin, Digest, 1823, p. 282; Acts, 1822-23, p. 58; Alkin, 1836, p. 142; Acts, 1832-33, pp. 25-26; 1840-41, pp. 41-42; 1841-42, p. 3; Clay, 1843, p. 180; Acts, 1842-43, p. 45; Code, 1852, sec. 31; Acts, 1851-52, p. 8; 1853-54, p. 23; Constitu- tional Convention of 1865, Ordinance No. 8, Sept. 23, 1865; Acts, 1866-67, p. 623; Code, 1867, sec. 34; Acts, 1874-75, p. 115; Code, 1876, secs. 29 and 30; Acts, 1882-83, p. 44; Code, 1886, secs. 29 and 30; Acts, 1890-91, p. 627; Code, 1896, secs. 969 and 970; Acts, 1900-01, p. 1156; Acts, 1903, p. 452; Code, 1907, secs. 99, 100, 338, 439, and 442; General Acts, 1915, p. 875; Lewis v. Bruton, 74 Ala., p. 317. See Act of Congress, Feb. 25, 1882, for the statute regulating election of representa- tives at large, U. S. Stat. at Large, vol. 22, p. 6. The various acts of Congress governing appor- tionment have been collected and are printed either by synopsis or at length, together with a history of the subject in House of Representa- tives, Report 2130, 56th Cong., 2d sess. (Serlal No. 4212; 8vo., pp. 146.) In Statistical Abstract of the United States, 1911 (Serial No. 6289), p. 690, is a table of apportionment of congres- sional representation. See also Act of Cong., Aug. 8, 1911, in U. S. Stat. at Large, vol. 37, pt. 1, p. 13.
Contested Elections .- For the Goldthwaite, Sykes, and Reese cases, see Taft and Furber, Compilation of Senate election cases, 1789-1893 (S. Mis. Doc. No. 67, 52d Cong., 2d sess., 1893, Ser. No. 3069), pp. 288-292, 515-537, where will be found detailed bibliographical references to all of the documents, journal entries, etc., bear- ing upon the two cases first named. Senator Allen's speech is to be found in the Congres- sional Record, 53d Cong., 3d sess., 1894-95, Ser. No. X330. For house contests consult Rowell, Historical and legal digest of contested election cases of the House of Representatives of the United States, 1st to the 56th Congress, 1789- 1901 (also issued as Ser. No. 4172) ; Mobley, Digest of contested-election cases, 48th, 49th, and 50th Congresses, 1889 (Ser. No. 2657) ; and Rowell, Digest of contested election cases in the 51st Congress, 1891 (Ser. No. 2888).
Biographies .- In 1865, Congress began the publication of a Congressional Directory. How-
360
IHISTORY OF ALABAMA
ever, biographical sketches were not introduced until the 3d session of the 40th Congress, 1869. Since that time they have regularly appeared. In 1903, the first edition of the Biographical Congressional Directory was published, in which brief biographical sketches of all members of the Continental Congress, 1774-1788, and of the United States Congress, 1789-1903, are given. A new edition of this Directory was published in 1913, bringing the record down through the 62d Congress, ending March 3, 1911. In 1859, Charles Lanman published the first edition of a Dictionary of the United States Congress, of which at least six later editions have appeared, in which the record is brought down to date of publication. William H. Barnes published a History of the Fortieth Congress and of the Forty-second Congress. These were unofficial and do not contain biographies of all members of the two Congresses named. In the former are sketches of Senators Spencer and Warner and Representatives Buckley, Callis and Haug- hey, and in the latter, Representatives Buckley and Hays from Alabama. In Brewer, Alabama (1872), and Garrett, Public Men in Alabama (1872), will be found good sketches of the sena- tors and representatives of Alabama to date of publication. In Northern Alabama, Illustrated (1888), Memorial Record of Alabama (1893), 2 vols., and DuBose, Notable Men of Alabama (1904), 2 vols., will be found sketches of several senators and representatives, but not all, since those works did not undertake to be complete. Appleton, Cyclopedia of American Biography, 6 vols., Lamb, Biographical Dictionary of the United States, 7 vols., National Cyclopedia of American Biography, 13 vols., and Who's Who in America, 9 vols., contain biographical sketches more or less full of the more important senators and representatives.
Memorial Addresses .- Obituary Addresses on the death of William R. King, Vice-president of the United States, Dec. 8 and 9, 1853 (Senate ed. 10,000 copies; House ed. 30,000 copies, 1854); Memorial Addresses on the life and char- acter of Senator George S. Houston, Feb. 26 and Mar. 3, 1880 (1880); Memorial Addresses on Representative William M. Lowe (1883) ; Memo- rial Addresses on Representative Thomas H. Herndon (1884) ; Memorial Addresses on Repre- sentative Charles W. Thompson (1905) ; Memo- rial Addresses on Senator John T. Morgan and Senator Edmund W. Pettus (1909); Memorial Addresses on Representative Ariosto A. Wiley (1909) ; Memorial Addresses on Representative William Richardson (1915).
Bibliography .- Owen, "Bibliography of Ala- bama," in American Historical Association, Re- port, 1897, contains to the date of publication, references to the personal writings and ad- dresses of senators and representatives in Con- gress, together with detailed titles for all contested election cases. Lists of members will be found in Biographical Congressional Direc- tory, Lanman, Brewer, and Garrett, supra. See also Brown, School History (1905) ; Miller, His- tory of Alabama for Schools (1901); and Du- bose, Alabama History (1915). For political history see Col. Joseph Hodgson, Cradle of the Confederacy (1876) ; John W. Dubose, Life and Times of William Lowndes Yancey (1892) ; Dr.
Walter L. Fleming, Civil War and Reconstruc- tion in Alabama (1905). The legislative history of the denial of seats to senators and representa- tives from Alabama in the 39th Congress will be found in the Journal of the House of Repre- sentatives, 1st sess., 39th Cong., 1865-66, pp. 10, 14, 47, 50, 51-53, 58, 60, 63-64, 71 (Ser. No. 1243), and in a Report of the joint committee of the two houses of Congress, June 8, 1866 (in S. Rep. Com. No. 112, 39th Cong., 1st sess., Ser. No. 1240); and Emmet O'Neal, "The power of Con- gress to reduce representation in the House of Representatives and in the electoral college," in Ala. State Bar Association, Proceedings, 1905, pp. 181-199.
SIXTY-SECOND CONGRESS. March 4, 1911-March 3, 1913.
First Sess. and Second Sess., 1911-1912. Third Sess., December 2, 1912-March 4, 1913.
Senators.
John H. Bankhead, elected July, 1907, for term ending March 3, 1913.
Joseph F. Johnston, elected August 6, 1907, for term ending March 3, 1915.
Representatives.
1. George W. Taylor, Demopolls.
2. S. Hugh Dent, Jr., Montgomery.
3. Henry D. Clayton, Eufaula.
4. Fred L. Blackmon, Anniston.
5. J. Thomas Heflin, Lafayette.
6. Richmond P. Hobson, Greensboro.
7. John L. Burnett, Gadsden.
8. William Richardson, Huntsville.
9. Oscar W. Underwood, Birmingham.
SIXTY-THIRD CONGRESS.
March 4, 1913-March 3, 1915.
First Sess., April 7-December 1, 1913. Second Sess., December 1, 1913-October 24, 1914. Third Sess., December 7, 1914, March 4, 1915. Special Sess. of the Senate, March 4-March 17, 1913.
Senators.
John H. Bankhead, Jasper.
Joseph F. Johnston, Birmingham, died August 8, 1913. Succeeded by Frank S. White, elected May 11, 1914, for term expir- ing March 3, 1915.
Representatives.
At Large, John W. Abercrombie, Tusca- loosa.
1. Geo. W. Taylor, Demopolis.
2. S. Hugh Dent, Jr., Montgomery.
3. Henry D. Clayton, Eufaula, appointed Federal Judge for the Middle District of Alabama. Succeeded by William O. Mulkey, elected June 29, 1914.
4. Fred L. Blackmon, Anniston.
5. J. Thomas Heflin, Lafayette.
6. Richmond P. Hobson, Greensboro.
7. John L. Burnett, Gadsden.
8. William Richardson, Huntsville. Chris- topher C. Harris, elected May 11, 1914, to succeed William Richardson, deceased.
9. Oscar W. Underwood, Birmingham.
361
HISTORY OF ALABAMA
SIXTY-FOURTH CONGRESS.
March 4, 1915-March 3, 1917.
First Sess., December 6, 1915-September 8, 1916. Second Sess., December 4, 1916- March 4, 1917.
Senators.
John H. Bankhead, Jasper. Oscar W. Underwood, Birmingham.
Representatives.
At Large John W. Abercrombie, Tuscaloosa.
1. Oscar L. Gray, Butler.
2. S. Hugh Dent, Jr., Montgomery.
3. Henry B. Stegall, Ozark.
4. Fred L. Blackmon, Anniston.
5. J. Thomas Heflin, Lafayette.
6. William B. Oliver, Tuscaloosa.
7. John L. Burnett, Gadsden.
8. E. B. Almon, Tuscumbia.
9. George Huddleston, Birmingham.
SIXTY-FIFTH CONGRESS. March 4, 1917-March 3, 1919.
First Sess., April 2-October 6, 1917. Sec- ond Sess., December 3, 1917-November 21, 1918. Special Sess. of the Senate, March 5- 16, 1917. Third Sess., December 2, 1918- March 4, 1919.
Senators.
John H. Bankhead, Jasper.
Oscar W. Underwood, Birmingham.
Representatives.
1. Oscar L. Gray, Butler.
2. S. Hugh Dent, Jr., Montgomery.
3. Henry B. Steagall, Ozark.
4. Fred L. Blackmon, Anniston.
5. J. Thomas Heflin, Lafayette.
6. William B. Oliver, Tuscaloosa,
7. John L. Burnett, Gadsden.
8. E. B. Almon, Tuscumbia.
9. George Huddleston, Birmingham.
10. William B. Bankhead, Jasper.
SIXTY-SIXTH CONGRESS. March 4, 1919-March 3, 1921.
First Sess., May 19-November 19, 1919. Second Sess., December 1, 1919.
John H. Bankhead, Jasper, died March 1, 1920. Succeeded by B. B. Comer, appointed by the Governor. J. Thomas Heflin elected November 2, 1920, taking his seat during the third session, to fill the unexpired term of Senator Bankhead, ending March 3, 1925. Oscar W. Underwood, Birmingham.
Representatives.
1. John McDuffie, Monroeville.
2. S. Hugh Dent, Jr., Montgomery.
3. Henry B. Steagall, Ozark.
4. Fred L. Blackmon, Anniston.
5. J. Thomas Heflin, Lafayette. Resigned November 2, 1920, succeeded by W. B. Boll- ing.
6. William B. Oliver, Tuscaloosa.
7. John L. Burnett, Gadsden. Died May 4. 1919. Succeeded by L. P. Rainey, elected September 30, 1919.
8. E. B. Almon, Tuscumbia.
9. George Huddleston, Birmingham.
10. William B. Bankhead, Jasper.
CONSERVATION. A term descriptive of a general public policy, first used about 1908, having as its purpose the safeguarding of the material possessions and natural resources, both of the National and State Governments. The movement had its genesis, however, in the desire to prevent monopolies in forest and water powers, and the passing of other important resources of the country under the control of a few persons. From this more or less restricted beginning, the term conserva- tion has come to mean a concerted effort on the part of all social forces for the protection of the gifts of nature, and the prevention of their misuse. Recently the term has been applied to the protection of children, and its advocates have thrown their influence in be- half of the various child welfare movements. The more important subjects of conservation effort are mineral lands, water powers, forest resources, soils, game and fish. The move- ment throughout the country found concur- rent expression in Alabama, thoughtful leaders of public affairs in the state.realizing the necessity for a definite and constructive program, as opposed to sporadic and desul- tory effort.
Although without a full appreciation of the large philosophy involved in the modern movement, the state of Alabama, throughout Its entire history has undertaken to safeguard many of the natural riches with which its area has been endowed. Among its earliest laws are those forhidding, under severe penal- ties, forest fires, fire hunting, the dynamiting of streams, and the use of fish traps. Every session of the legislature has been called upon to pass one or more local game laws, but it was not until 1907 that a policy of central supervision was adopted by the crea- tion of the department of game and fish. A plan of forest conservation was adopted in 1907, the law having for its laudable purpose not only the protection of existing growth, but of encouraging forest culture, and the re- forestation of cutover areas. The care of soils, including drainage, formed the subject of much discussion among agriculturists in early days, and Dr. N. T. Sorsby, of Greene County, published a book on "Horizontal plowing and hillside ditching." The pages of the Cotton Planter and Soil of the South, a high-class periodical devoted to agriculture, horticulture and kindred subjects, printed at Montgomery during the fifties, contained numerous edi- torials, communications and papers on these topics. Throughout this work, under the titles noted in the next paragraph will be found detailed discussions and references.
See Birds; Child Labor; Child Welfare; Drainage and Reclamation; Fires; Fishes; Forestry; Game and Fish, Department of; Health, State Board of; Mammals; Mineral Statistics; Natural History; River and Harbor Improvement: Soils; Water Power.
REFERENCES .- Mclaughlin and Hart, Cyclo- pedia of American Government (1914), vol. 1,
362
HISTORY OF ALABAMA
pp. 399-401; and citations under the cross refer- ence titles.
CONSERVATION, DEPARTMENT OF. A State executive department, established Aug- ust 14, 1919, for the purpose of enforcing and administering the laws providing for the pres- ervation, protection and propagation of wild birds, wild fur-bearing quadrupeds, game, forests, fish, oysters and other shell-fish, crustaceans, and all other natural resources within the State, which have not been reduced to private ownership. Its administrative head is a Commissioner, elected by popular vote for a term of four years, and who receives a salary of $3,000 a year. He has an office in the capitol building and employs a secretary and such other clerical assistance as is needed in the proper conduct of his office. He takes an oath of office and is under a bond of $5,000 for the faithful performance of his duties. Reports to the governor, showing the activ- ities of his department, are made and the laws governing the department are published and distributed.
The department is charged with the con- servation of the natural resources of the State, and the prosecution of all persons who violate any of the laws protecting such natural wealth. The machinery hy which the Com- missioner administers the laws consists of a corps of county game and fish wardens and deputy wardens, aided by all sheriffs, deputy sheriffs, marshals, constables, policemen and other peace officers, who are ex-officio deputy game and fish wardens. He is also assisted by special agents who are vested with the power and authority to enforce the conserva- tion statutes in each and every county in the State. The game and fish wardens are com- pensated for their services at the rate of $3.00 per day when acting under the special instruc- tions of the Commissioner, and in addition they receive one half of all fines, forfeitures and penalties, collected in their respective counties. The revenue of the department is derived from such fines, forfeitures and pen- alties, of which it receives one half, and from fees for hunting licenses issued, all of which constitute a "game and fish protection fund," and from which salaries and expenses are paid. The department, with its game and fish wardens, also administers the laws relat- ing to forest conservation, the commissioner being vested with the power and authority to administer and enforce the forestry laws of the State. The laws governing the depart- ment's activities prescribe open and closed seasons for the different kinds of wild life, and fix a "bag limit" for one person's shooting of certain kinds of game in one day.
The commissioner of conservation is as- slsted in the enforcement and administration of the oyster and shrimp laws by a chief oyster inspector and assistant inspectors, who are located on the coast. The proceeds de- rived from the issuance of licenses permitting persons to take or catch oysters and shrimp, also the tax on shrimp and oysters, are paid into what is known as "the oyster fund,"
out of which the salaries of the oyster in- spectors are paid.
The department of conservation, since its establishment, has been more than self-sus- taining. No appropriation has ever been made for its maintenance, and there is now in the State treasury over $100,000 to the credit of the conservation fund, which is a net profit to the taxpayers of Alabama.
Genesis .- The Act approved August 14, 1919, which created the department of con- servation, was written by John H. Wallace, Jr., which Act reorganized and enlarged the department of game and fish then in existence. All legislation for the creation of the Depart- ment of Game and Fish was secured directly through the efforts of John H. Wallace, Jr., of Madison County, who prepared the bill and who for years has been an ardent advocate of legislation for the conservation and pro- tection of the natural resources of the State. In the State Democratic convention of 1906, Mr. Wallace introduced and secured the pas- sage of a resolution demanding that the legis- lature enact a measure for the protection of birds, game and fish, and to create a State department to administer the State's conserva- tion laws.
However, Gov. William D. Jelks heartily favored the proposed measure, of which he said in his message of January 9, 1907, that "The passage of a comprehensive law on this subject is, to my mind, quite imperative. No real protection can be secured short of a pro- vision which arranges for game wardens. The bill ought to be comprehensive enough to embrace other kinds than game birds. It is well enough to begin at once a work looking to preventing the total extinction of our game and as well our song birds."
The first game protection law affecting the territory of the State was enacted in 1803, for the prohibition of "fire hunting." Since that time more than 170 separate laws have been enacted, most of them purely local meas- ures affecting one or two counties. It was not until 1899 that any systematic attempt was made to regulate the killing of game in the whole State. The law then passed was also framed and introduced by Mr. Wallace, then a representative from Madison County, but the compromises necessary to secure its passage so limited its territorial jurisdiction as virtually to change it from a general into a local statute. As finally approved, it ap- plied only to eight countles.
The department has not confined its efforts to the protection of game alone, but has en- couraged and stimulated in many ways the growth of popular interest in and love of wild life of every sort, especially the native and migratory birds and water fowl. Bird Day books have been issued from time to time to foster the love of birds among the school children, who have been encouraged to ob- serve, with appropriate ceremonies and exer- cises, a designated "Bird Day" each year. In addition to these special publications, regu- lar Biennial Reports have been issued, in which full summaries of the department's ac-
363
HISTORY OF ALABAMA
tivities, contributions of interest to natural- ists, and lists of Alabama birds, fish and mam- mals are presented.
Construction of Game and Fish Law .- In the case of Hyde v. the State, the constitu- tionality of the game and fish law passed at the Legislature of 1907 was under review. Judge Denson, speaking for the court, de- cided in favor of the constitutionality of the measure, saying among other things:
"It is next insisted that, in so far as sec- tion 44 is concerned, the act is unconstitu- tional as embracing a subject not within the police power of the State to deal with or legislate upon. Speaking generally with re- spect to the act, it may be said that the right of the State, in the exercise of the police power, to make regulations for the preserva- tion of game and fish, restricting their tak- ing and molestation to certain seasons of the year and under prescribed rules and regu- Jations, is recognized and established, not only in the common law of England, but the. decisions of the courts of last resort in many of the States, as well as by the Supreme Court of the United States.
"In the case of Geer v. State of Connecticut, 161 U. S. 519, 16 Sup. Ct. 600, 40 L. Ed. 793, will be found an exhaustive and inter- esting discussion of the question by Justice White, who wrote the majority opinion for the court. In that opinion, after discussing the nature of the property in game, and as- serting that the ownership of wild animals (so far as they are capable of ownership) is in the State, not as proprietor, but in its sovereign capacity, as the representative, and for the benefit of its people, the learned writer announces the further conclusion that the Legislature, in virtue of the police power, has the absolute right to control and regulate the killing of game, even to the extent of prohibiting the shipment of game birds and animals out of the State after they have been reduced to possession This latter conclusion has reference to the interstate commerce clause of the federal Constitution, and it may be a matter of importance to transcribe what was said in the very conclusion of the opinion on this subject: 'Aside from the authority of the State, derived from the common own- ership of game and the trust for the benefit of its people which the State exercises in relation thereto, there is another view of the power of the State in regard to the property in game which is equally conclusive. The right to preserve game flows from the un- doubted existence in the State of a police power to that end, which may be none the less efficiently called into play because by doing so interstate commerce may be remotely and indirectly affected. Indeed, the source of the police power as to game birds (like those covered by the statute here called in question) flows from the duty of the State to preserve for its people a valuable food supply .- Phelps v. Recey, 60 N. Y. 10, 19 Am. Rep. 140. The exercise by the State of such power, therefore, comes directly within the principle of Plumey v Massachu-
setts, 155 U. S. 461, 473, 15 Sup. Ct. 154, 39 L. Ed. 223, 227. The power of a State to protect by adequate police regulation its people against the adulteration of articles of food (which was in that case maintained), although in doing so commerce might be re- motely affected, necessarily carries with it the existence of a like power to preserve a food supply which belongs in common to all the people of the State, which can only be- come the subject of ownership in a qualified way, and which can never be the object of commerce, except with the consent of the State and subject to the conditions which it may deem best to impose for the public good.'-64 Minn. 130, 66 N. W. 205, 32 L. R. A. 131, 58 Am. St. Rep. 524; 14 Am. & Eng. Ency. Law (2d Ed.) p. 661, and cases .cited in notes to text. It suffices to say our views on the subject accord with those ex- pressed in the very able opinion of Justice White."
In the case Lockhart v. State, sec. 6971, Code 1907,was under review in the Alabama Court of Appeals. This section provides that "any person who hunts on the lands of an- other, without first having obtained from the owner or agent thereof a written permission to do so, shall be guilty of a misdemeanor." To support a conviction it is not necessary that the person upon whose lands the offense is committed shall be the owner of the fee. The court says that "the word 'owner' is not infrequently used to describe one who is in the dominion or control of a thing, the title of which is in another." Commenting gen- erally on the statute, the court says that since the statute for its purpose to limit the hunt- ing privileges to authorized persons, it should not be so narrowly construed as to exclude from its protection the possessor or occupant of the land having actual dominion over it, though the title is in another, or in others jointly, or in common with him. An offense prescribed in this section is not an offense against ownership or title, as contradistin- guished from one against the possession or actual dominion of the land.
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.