History of Alabama and dictionary of Alabama biography, Volume I, Part 74

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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Greene-Thomas W. Coleman, Eutaw.

Hale .- Wm. N. Knight, J. M. Jones, Greens- boro.

Henry .- T. M. Espy, Dothan; R. J. Reynolds, Curetons Bridge.

Jackson .- John F. Proctor, Milo Moody, Scottsboro.

Jefferson .- Charles W. Ferguson, Charles P. Beddow, James Weatherly, John W. O'Neal, H. C. Selheimer, Birmingham; T. J. Cornwell, Bessemer.

Lamar .- C. C. NeSmith, Vernon.

Lauderdale .- John B. Weakley, John T. Ash- craft, Florence.

Lawrence .- W. T. Lowe, Moulton.

Lee .- Emmett C. Jackson, Auburn; Noah P. Renfro, Opelika.

Limestone .- Erle Pettus, Athens. defectett.

Lowndes .- Joseph Norwood, Ft. Deposit; Evans Hinson, Hayneville.

Macon .- James E. Cobb, Tuskegee.

Madison .- R. E. Spragins, A. S. Fletcher, Huntsville.

Marengo .- John J. King, Mckinley; Gesner Williams, Demopolis.

Marion .- James P. Pearce, Guinu.

Marshall .- W. H. Bartlett, Guntersville.

Mobile .- Harry Pilans, B. Boykin Boone, L. E. Brooks, Mobile.

Monroe .- J. H. Barefield, Monroeville.

Montgomery .- Gordon Macdonald, Edward A. Graham, Thomas H. Watts, John W. A. Sanford, Montgomery.

Morgan .- Samuel Blackwell, New Decatur; John C. Eyster, Decatur.

Perry-J. H. Stewart, Marion; W. H. Tayloe, Uniontown.

Pickens .- E. D. Willett, Carrollton.

Pike .- J. C. Henderson, Joel D. Murphree, Troy.

Randolph .- William A. Handley, Roanoke.

Russell .- William H. Banks, Hatchechubbee; Boskell deG. Waddell, Seale.

Shelby .- J. Robert Beavers, Columbiana.

St. Clair .- N. B. Spears, Pell City.

Sumter .- John A. Rogers, Gainesville; Reu- ben Chapman, Livingston.

Talladega .- E. W. Ledbetter, Syllacauga; Cecll Brown, Talladega.

Tallapoosa .- Thomas L. Bulger, Dadeville; George A. Sorrell, Alexander City.

Tuscaloosa .- J. Manly Foster, Wm. C. Fitts, Tuscaloosa.

Walker .- Rufus A. O'Rear, Jasper.

Washington .- E. P. Wilson, St. Stephens.

Wilcox .- J. N. Miller, Camden; Lee McMillan, Gastonburg.

Winston .- Newman H. Freeman, Double Springs.

Dates Operative .- The dates when the several constitutions become operative are as follows:

1819 .- August 2, 1819, the day of adoption by the Convention.

1861 .- March 20, 1861, the day of adoption by the Convention.

1865 .- September 30, 1865, the day of adoption by the Convention.

1868 .- June 25, 1868- Irwin v. Mayor of Mobile, 57 Ala., p. 6.

1875 .- December 6, 1875 .- Proclamation of Gov. George S. Houston.

1901 .- November 28, 1901 .- Proclamation of Gov. William D. Jelks.

See Codes; Constitutional Amendments. For enabling and other acts see

1819 .- Act of Congress, March 2, 1819, and Resolution of admission, December 14, 1819, in Code, 1907, vol. 1, pp. 34-39, and also in earlier Digests and Codes.

1861 .- Acts of Ala., 1859-60, pp. 685-687.

1865 .- Proclamation of Gov. Lewis E. Parsons, July 20, 1865, in Code, 1867, pp. 74-77.

1867 .- Acts of Congress, March 2, and

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March 23, 1867 in Code, 1876, pp. 43-48; and Code, 1907, vol. 1, pp. 39-58, which also includes President Andrew Johnson's veto of the Reconstruction act of March 2, 1867.

1875 .- Acts, 1874-75, pp. 109-115.

1901 .- General Acts, 1900-01, pp. 43-53. References .- Copies of the constitution are found in the Digests of Toulmin, 1823, Aikin, 1833, and Clay, 1843, in the Codes of 1852, 1867, 1876, 1886, 1896 and 1907. In the last named the constitutions of 1819, 1861, 1865 and 1867 are printed in full in vol. 1, and the constitutions of 1875 and 1901 are paralleled, annotated and indexed hy Judge James J. Mayfield in vol. 3. A separate edition of the constitutions of 1875 and 1901 was issued in 1904 (8vo. pp. 177.) Numerous separates of the several constitutions have heen issued in pamphlet form.

In Owen, "Bibliography of Alabama," in American Historical Association, Report 1897, pp. 876-878, and also in the Alahama Official and Statistical Register, 1903, pp. 118-146, is a hihliography of the conventions and consti- tutions to the dates of publication. In the latter is also to he found lists of the delegates to the conventions. Lists or rosters are also to he found in the respective Journals.

The Journals of all of the six conventions are available, but those of 1819, 1861 and 1865 are among the rarities of Alabama bibliography. Three copies only of that of the convention of 1819 are known. One of these is in the Dr. J. L. M. Curry collection, now preserved in the Alahama Department of Archives and History. A photo facsimile re- print of this Journal was made hy The Statute Law Book Co., July, 1909, in an edition of 57 copies. The three extant copies were all used in securing a satisfactory series of plates necessary for the reprint. While the Journal of the convention of 1861 is rare, it is for- tunate for the student of the period that its History and Debates (8vo. pp. 464) has heen preserved. The compiler, Hon. William R. Smith. a delegate from Tuscaloosa County, was one of the most versatile public men of the day, and his volume reflects, with vigor and accuracy, the stirring events of those tragic davs.

The Official Proceedings of the convention of 1901 was issued in folio form, and con- tains a stenographic report of the entire daily deliberations, including reports, peti- tions, documents and speeches. The proceed- ings appeared first in the Montgomery Adver- tiser, and from the type so used in its regular daily issue, 1,000 copies of a separate official edition were printed.

The annotated editions of the constitutions of 1875 and 1901 in Code, 1907, vol. 3, pp. 1-268, for full citations to all codes to that date. Other citations appear in the indexes to Supreme Court, Reports, vols. 146-197. For digests of decisions see Brickell, Digests, vols. 1-3, and Mayfield, Digests, vols. 1-7.

CONTESTED ELECTIONS. See Congres- sional Representation; Legislature.

CONTINENTAL GIN COMPANY. An in- dustrial corporation, incorporated November 27, 1899, in Delaware; successor to Munger Improved Cotton Machine Mfg. Co., Dallas, Tex., Daniel Pratt Gin Co., Prattville, Ala., Winship Machine Co., Atlanta, Ga., North- ington-Munger-Pratt Co., and Smith Sons Gin and Machine Co., Birmingham, Ala., Eagle Cotton Gin Co., Bridgewater, Mass .; capital stock authorized and outstanding, $3,000,- 000; shares, $100; funded deht, $374,000; property in Alabama-factories for the man- ufacture of cotton gins, feeders, condensers, baling presses, unloading elevators, system ginning outfits, complete cottonseed linters, etc., at Avondale, Prattville, and Birming- ham; offices: Birmingham.

The oldest of the Alabama companies ah- sorbed hy the Continental Gin Co. was the Daniel Pratt Gin Co. (q. v.), the nucleus of whose present plant was established by Dan- iel Pratt as early as 1838 at a point in Au- tauga County since called Prattville, after its founder. A factory was erected for the man- ufacture of cotton gins, which was a success from the beginning. Mr. Pratt sent to Eng- land for Sheffield steel, but used homemade iron-most of it from the Shelby Iron Works (q. v.)-and timber from the virgin forests surrounding the plant.

REFERENCES .- Poor's manual of industrials, 1916, pp. 1671-1672; Armes, Story of coal and iron in Alabama (1910), pp. 162-163; Tarrant, Daniel Pratt: a biography (1904); Memorial record of Alabama (1893), vol. i, pp. 357-358; Brewer, Alabama (1872), pp. 111-112; DuBose, Notable men of Alabama (1904), vol. 1, pp. 422- 423; Daniel Pratt Gin Co., Illustrated Catalogue (1899), p. 50; Munger System, Catalogue (1899), p. 96.

CONTINGENT FUND. A special fund pro- vided by law for the purpose of taking care of items of expense which could not he foreseen and provided for by specific appropriations. Such funds are provided in addition to, and are distinct from regular maintenance funds and also from special funds appropriated for specific purposes. At the present time three separate contingent funds are authorized. namely, to the governor, to the superintendent of education, and to the agriculture and indus- tries department. The character of the ex- penditures charged against the contingent funds in recent years may be ascertained by an examination of the Report of the State auditor for 1916, pp. 261-265 and 363-367.

The first appropriation which partook of the nature of a contingent fund was made by act of Decemher 17, 1819, which provided for the payment of salaries of State officials, with a special appropriation, "to Thomas A. Rogers, for stationery and extra services, one hundred and seventy-one dollars." In ad- dition to caring for this special expenditure, the act appropriated the sum of $10,000 "as a contingent fund, subject to the order of the governor." The large amount of this contin- gent fund was due to the fact that officers of the Alahama Territory who were super-

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seded by the State officers, before the expira- tion of their regular terms, were to be paid out of the fund in accordance with article IV of the schedule adopted as a part of the con- stitution.

An act of January 1, 1823, appropriated $2,000 for a contingent fund, and specified the expenditures which could lawfully be made therefrom, as follows: "That it shall be lawful for the governor to pay out of the contingent fund, such sum or sums of money as may be necessary to defray the expense in- curred in the purchase of fuel and candles necessary for the use of the different offices belonging to the executive department of this State." The contingent fund provided for the year 1825, by act of December 25, 1824, amounted to $10,000. The reasons for appro- priating so large a sum do not appear. The fund for the year 1826 was reduced to $2,000, and it was not again increased until 1836, when $3,000 was appropriated, which sum was appropriated each year until 1841, when the amount was increased to $5,000 and so continued until 1845. For 1846-47, the amount of $2,000 was appropriated, for 1848 $5,000, and for 1848-49, $5,000. The amount of the fund for 1850-51 was increased to $10,000 and the same amount appropriated for 1852-53, and 1854-55, $20,000. No con- tingent appropriation seems to have been made during the period 1856-60.

On February 8, 1861 the following act was passed: "That such sum as shall, together with the balance now to the credit of the contingent fund, in the state treasury, be sufficient to increase the same to the sum of twenty-five thousand dollars, be and the same is hereby appropriated, to defray the contin- gent expenses of the State government." The increase was for military preparation. On December 10 of the same year, an additional sum of $50,000 was "set apart as a contin- gent fund, to meet extraordinary expenses and contingencies." A like sum was appropriated in 1863 and 1864. No further contingent appropriation appears to have been made until 1867, when $15,000 was set apart, as was also done in 1868-1870. The amount of the fund fluctuated in various years between $10,000 and $15,000 until 1883, when it was reduced to $5,000 a year and so remained until 1895, when it was increased to $6,000. Since 1895 the amount has varied from $5,000 to $100,000. In some instances the pay- ment of interest on a floating indebtedness has been cared for by special appropriations to the contingent fund, but while thus desig- nated they are not properly classed. The accounting charge in such cases is to "in- terest" and not to "contingent fund."

Governor's Contingent Fund .- The fund provided for the use of the executive depart- ment is under the immediate control of the governor, and is commonly referred to as the governor's contingent fund. It has been used for a multiplicity of purposes, as traveling expenses of the governor, and his staff, and his subordinates, telegraph charges, telephone tolls, express fees for detective services and

for special investigations, hire of automobiles, various kinds of furniture and fixtures for State offices, salaries of extra clerks and stenographers, interest on temporary loans, etc. The amount of this fund was increased to $10,000 a year by act of August 25, 1909, amending section 572 of the code of 1907.

Education Department's Contingent Fund. -- The general appropriation act, February 23, 1860, for the fiscal years 1860 and 1861, authorized the expenditure of $900 a year for contingent expenses of the State depart- ment of education. The act of February 7, 1879, "to organize and regulate a system of public instruction for the State of Alabama," set apart a permanent contingent fund of $1,000 a year for the department, and re- quired the superintendent of education to "keep an accurate account of all sums which he may certify to be paid out of the education- al contingent fund," and to "furnish an itemized statement thereof to the governor, each year, with his annual report." It was further provided that the unexpended balance should, at the close of each scholastic year, be carried forward to the credit "and become a part of the one thousand dollar appropria- tion for the educational fund of the next succeeding year." By act of April 8, 1911, amending section 1780 of the code of 1907, the amount of the fund was increased to $3,000 a year.

Fund of the Department of Agriculture and Industries .- The act of February 17, 1885, amending the act of February 23, 1883, which established the department of agricul- ture, authorized the use of a sum not exceed- ing $500 a month, from the department's fund, for its necessary expenses.

An act of February 28, 1889, amending section 149 of the code of 1886, provides for the expenses of the department of agriculture and industries, as follows: "The commis- sioner must submit monthly to the governor, an account of the expenses of the department for the preceding month, and an estimate of the expenses for the succeeding month, and with the approval of the governor endorsed thereon, may retain from the moneys in hand or draw from the funds in the treasury, to the credit of the department of agriculture, the amount of such estlmate, not to exceed the sum of five hundred dollars, to meet such expenses, not including the salary of the commissioner. . The traveling ex- penses of the commissioner and clerks, and of the chemist, may be paid from the money so retained. . These provisions are still in effect as section 52 of the code of 1907.

Disbursement of Contingent Funds .- The code of 1907 forbids the payment of any money out of the contingent funds except upon itemized account, signed by the claim- ant, and authenticated as may be required by the governor. A similar provision was con- tained in the code of 1852, and it has been carried forward into each subsequent revision. "At various times special appropriations have been made for compensation of extra clerks in

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different executive offices, and for other special purposes. Occasionally abuses have crept in, and irregular or illegal payments have been made from the fund. To prevent this, the publication of the items and the amounts of expenditures from the fund was made obligatory upon the State auditor, by act of February 18, 1867.

See Agriculture and Industries, Depart- ment of; Appropriations and Expenditures; Auditor, The State; Executive Department; Governor.

REFERENCES .- Toulmin, Digest, 1823, pp. 681, 685, 932; Code, 1886, sec. 149; 1896, sec. 397; 1907, secs. 52, 572, 608, 1780; Acts, 1822-23, pp. 53, 65-66; 1823-24, p. 41; 1825-26, p.,89; 1826-27, p. 101; 1827-28, p. 108; 1836-37, p. 28; 1837-38, p. 91; 1859-60, p. 11; 1866-67, p. 575; 1878-79, p. 142; 1884-85, p. 176; 1888-89, p. 729; General Acts, 1909, pp. 236-237; 1911, p. 329; and State Auditor, Reports, passim.

CONTROL AND ECONOMY, STATE BOARD OF. Created by an act of the leg- islature of February 13, 1919. The Board was created to more efficiently controi and coordinate the business operations of the State.

The members of the board are a Chair- man, whose salary is $6,000.00 a year, and two associate members whose salaries are $4,000.00 each, one of the latter being de- signated by the governor as secretary. All members are appointed by the governor and hold office to suit his pleasure. The regular term for the chairman is four years, for the associate members, two.

The Board has suitable quarters in the state capitol.

Under the act of establishment the Board of Control and Economy has charge of the expenditure of all monies appropriated for charitable and eleemosynary institutions, and is required to keep a separate set of books for each institution. When it is found that improvements are necessary, the Board con- fers with the trustees or directors and after a careful investigation, authorizes the expen- diture if necessary. Private donations to schools are not handled by the board.

The members of the board are required to give a bond of $25,000.00 which is to be signed by a reputable bonding company and all employees of the board of control, who handle monies are also required to give a bond.

In addition to its other duties the board of control is also the purchasing agent of the state and counties. All stationery, books, blank books, and office supplies, and materials needed "for use in the several state offices, departments, commissions, bureaus, and boards, other than for the use of the supreme court, the court of appeals, and the state and supreme court libraries," must be purchased by the board of control. The board of con- trol must advertise for bids on the items which have been requisitioned for.

An inventory of all furniture, fixtures and supplies in each department, commission, bureau and board must be kept on file in the

office of the board and checked once each year, and an accounting made of losses.

Section 23 of the Act of February 13, 1919, required that "some member of the board at least once each month shall visit the in- stitutions under its control by virtue of this Act and inspect the same or any part thereof and especially the dietary and stock of sup- plies and may see all inmates of charitable and eleemosynary institutions and there shall be given to such inmates thereof as desire it a suitable opportunity to converse with such members of the board privately."

In addition to the duties enumerated above the board bas supervision of all printing and binding, preparation of Pasteur Institute, plans, and the control and disposition of tubercular convicts.

By an Act approved September 30, 1919, the State Prison Inspector, became a part of the Board of Control and Economy, and his term of office fixed at six years, and his salary was prescribed at $4,000.00.

The board of convict inspectors was abol- ished, by Act of September 30, 1919, and became a part of the State Board of Control and Economy, and the President of the board of convict inspectors, became the State War- den General, and a member of the board.

The number of members of the board was reduced from three to two members by Act of September 30, 1920. The Board now con- sists of Cleon B. Rogers, President and W. F. Feagin, Secretary.

Officers .- President, W. D. Nesbitt, re- signed, July 1, 1920, succeeded by Cleon B. Rogers.

State Warden General, William F. Feagin.

Secretary, W. C. Caldwell, Birmingham. Resigned.

Purchasing Agent, E. R. Taylor.

Chief Prison Inspector, Dr. Glenn Andrews. Chief Clerk, George W. Ellis.

REFERENCES .- Acts of Alabama, 1919, and acts of special session, 1920.

CONVENTIONS, RIVER AND HARBOR IMPROVEMENT. See River and Harbor Im- provements.

CONVICTS, BOARD OF INSPECTORS OF. A state executive department, originally established January 26, 1839, operating directly under the governor and having super- intendence and control of all matters relating to convicts. The board consists of a president and two other members, one of whom is a physician. It has general supervision and control of the State and county convicts, but the active superintendence of the manage- ment of convicts devolves upon the president of the board; he is authorized to sell, with the concurrence of the board, any personal property not needed at any prison; to cause to be made on any of the land owned by the State such improvements as may tend to the benefit of the convict system, and make possible the working of convicts at farming or other employments; to rent out any State lands not needed for use of the convict sys- tem; to use any part of the net proceeds from

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the hire or lahor of State convicts for install- ing permanent improvements or manufactor- ies at the prisons for the purpose of affording more permanent employment for the con- victs of different classes; and to order the transfer of any convict from one prison to another.

In addition to the above mentioned general powers, the board is charged with the follow- inv duties: it must adopt rules, subject to the governor's approval, for the government of officers having control of convicts, for the government and discipline of convicts, and for the custody and preservation of public property; it must prevent inhumane treat- ment of convicts, and their cruel or excessive punishment, and regulate the time, amount, and character of work to he performed by them; one of the inspectors must visit once in two weeks, or oftener if required by the governor, the several places of confinement of all convicts, and examine the food, clothing, quarters, bedding, provisions made for the sick, and the general treatment of convicts, filing a monthly report of the conditions found in the places visited; the inspectors have authority to summon, swear, and ex- amine witnesses as to any matter concerning the management and treatment of convicts; in the office of the board is kept a record of all State and county convicts, showing "date of conviction, crime, sentence county and court in which convicted, place and person to whom hired, and term and amount of hire," also an account with each contractor for con- victs; a quadrennial report is required of the board, to be made at least 60 days before the convening of the legislature.

The physician inspector must reside at the place designated hy the governor, and re- ports monthly, or oftener if required, to the president of the board, "the condition, health, and sanitary arrangement of the convicts," together with recommendations of any changes requisite for the more humane treat- ment of State and county convicts. "He shall devote his whole time and services ex- clusively to the supervision and care of and practice upon the convicts."

Inspectors, Chaplain, Subordinate Officers, Salaries .- The inspectors are appointed by the governor for terms of two years, or until their successors are qualified. The chaplain is appointed by the Governor for a term of two years, and must devote his entire time to moral improvement and religious instructions of the convicts. The board appoints wardens, guards, transfer agents, other subordinate officers or employees. For the clerical duties of the department, appropriations are made for a chief clerk, at $1800, two associate clerks, at $1500 each, and a stenographer at $750 a year. The chaplain receives $1500; and may appoint necessary assistants, whose aggregate compensation is limited to $500 a year. All the officers of the department, in- cluding the chaplains, receive their traveling expenses when absent from their residences in the discharge of their official duties. The salaries and expenses of the department are

paid from the proceeds of the hire and labor of State convicts, and other profits accruing to the department. The members and the clerks of the board are under hond, and any member of the board may he impeached be- fore the supreme court for malfeasance or misfeasance in office.

Penitentiary and Prisons; Treatment of Convicts .- The penitentiary and other prisons belonging to the State are under the control of a warden, and such other officers as the board considers necessary. Prisons and camps where leased convicts are kept must also be under the control of a warden, neces- sary guards and other assistants, but these Officers are employed and paid by the con- tractors; but no person without a license from the president of the board may be so employed. Special provision is made for the isolation and care of insane and of tubercular convicts; also for those under 16 years of age, who are to be confined at a reformatory designated by and under the control of the board. The wardens and deputy wardens of all these prisons, prisoncamps, and penal in- stitutions are required to furnish surety bonds to the State for the proper performance of their duties. Punishment of delinquent or unruly convicts must be administered only by an agent of the State, who is required to keep a record of the nature and extent of every punishment inflicted, and no convict may he punished in any other way than that prescribed by the inspectors. The clothing and diet of convicts is regulated by law; and female guards must be provided for female convicts. The races and the sexes are re- quired to be worked, housed, and cared for separately. Shackles and chains can he placed on convicts only by consent of an in- spector, and work shall not be required of them on Sunday, Christmas Day, the Fourth of July and Thanksgiving Day.

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History of Alabama and dictionary of Alabama biography, Volume I, Part 74

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