USA > Alabama > History of Alabama and dictionary of Alabama biography, Volume I > Part 82
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In his message of November 14, 1882, Gov. R. W. Cobb, discussing the question of the collection of taxes in the different counties, referred to Tallapoosa and Randolph Coun- ties as being "hopelessly involved in local in- debtedness, into which they were seduced by plausible misrepresentations or skillful false pretenses, or which was put on them by fraud or force, and their creditors are relentlessly pursuing them in the federal courts for the collection in full of claims bought on specu- lation at a few cents on the dollar. They cannot collect State and county taxes without collecting taxes for the satisfaction of judg- ments against them on their so-called debts, which their people are neither willing or able to pay. The duty of the State to itself and to its oppressed and distressed municipalities suggests the necessity for prompt and effect- ive action in these premises."
In response to the governor's suggestion an act was passed, December 7, 1882, "to pro- vide for the adjustment, compromise and set- tlement of the indebtedness of the counties of Chambers, Randolph, Tallapoosa, Lee and Pickens arising from bonds issued by said counties in payment of stock subscribed to the capital stock of railroad companies"; and another act, February 15, 1883, authorizing the investment of certain designated reve- nues in the settlement of the indebtedness of the five counties named. The first of these acts provided for the appointment of a com-
missioner, to be selected by the senate from three nominations submitted by the governor, to investigate the validity of the claims against the counties, ascertain the total amount of indebtedness of each, and arrange for compromise on a basis of not more than 19 per cent of the face value of each claim. It was provided, however, that no settlement should be binding on any of the counties until ratified by the legislature. The second act gave to the five counties named, the taxes due the State from each, as follows: Chambers, Lee, Pickens and Tallapoosa the taxes for three years; and Randolph, the taxes for five years. The funds thus set apart were to be used exclusively for the settlement of the debts and the cost of collecting the taxes. Provision for repayment of the amounts thus advanced to the strangulated counties was made by the levy of an additional tax of one- fourth of one per cent, the assessment of which should begin in each county at the expiration of the three- or five-year tax pe- riods above described.
So much trouble had been experienced in the collection of taxes in the five strangulated counties, and so little progress made in the settlement of the debts, that it became neces- sary to relieve the tax collectors and replace them with special commissioners appointed by the governor. Provision for such action was made by act of February 19, 1883, which allowed five per cent of the taxes collected as compensation for the commissioners, three- fourths to be paid by the State, and one- fourth by the county. In his message of No- vember 12, 1884, Gov. E. A. O'Neal reported satisfactory progress toward adjustment of the indebtedness of Chambers, Lee, and Ran- dolph, but little or nothing accomplished in Pickens and Tallapoosa Counties. The total amount to the credit of these counties in the State treasury at the close of the previous year, he stated, was $76,172.83.
The commissioner appointed by the gov- ernor to adjust the indebtedness of the stran- gulated counties, Mr. R. H. Abercrombie, in his report, gave the total indebtedness of each, as follows: Chambers, $357,373.36; Lee, $370,000; Pickens, $120,000; Randolph, $113,000; Tallapoosa, $115,000. The taxes set apart for the adjustment of the claims against the five counties were paid into the State treasury by the commissioners and by the auditor applied pro rata to the adjust- ment of such claims. Details of accounting for the funds are to be found in the annual reports of the auditor for 1887-1889 inclu- sive. By 1889 the adjustment of their in- debtedness had been completed, and the leg- islature passed an act, February 11, 1889, re- quiring the five counties to reimburse the State for the payments made on their behalf.
The conditions brought about in the stran- gulated counties by the assumption of obliga- tions entirely beyond their ability to pay, to- gether with insistent efforts made by their creditors to enforce payment, tended to dis- courage and retard the development of enter- prise, and it was many years before they be- gan to recover. Property decreased in value,
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public buildings became dilapidated, bridges and highways unsafe, and many people left the counties to make their homes elsewhere. Immigration of course did not exist. These things made it necessary for the State to af- ford some relief, and the action taken fortu- nately has resulted in practically full relief from the conditions obtaining at the close of the reconstruction period.
See Internal Improvements; Railroads; Re- construction; State Deht.
REFERENCES .- Acts, 1868, pp. 514-520; 1875-76, pp. 236-237, 347, 376; 1882-83, pp. 45-50, 51-56; 1884-85, pp. 197-203; 1888-89, pp. 281-283; Gov. Geo. S. Houston, "Message," Dec. 7, 1874, in Senate Journal, 1874-75, p. 107; Gov. R. W. Cobb, "Message," Nov. 14, 1882, Ibid, 1882-83, p. 19; Gov. E. A. O'Neal, "Message," November 12, 1884, Ibid, p. 22; R. H. Abercrombie, com- missioner, Report to Gov. E. A. O'Neal (n. d., p. 16); State Auditor, Reports, 1886-1889; Fleming, Civil War and Reconstruction in Ala- bama (1905), pp. 604-606; Miller, Alabama (1901), p. 278.
County Court Houses .- By act of December 31, 1822, the sheriffs of the several counties were made the custodians of the court houses thereof, with authority to keep out intruders, have the buildings cleaned, to repair, and otherwise keep in order, and to make a re- port in reference thereto every year to the county commissioners .- Acts of Ala., 1822, p. 55.
History .- The first county in order of formation was Washington, June 4, 1800, and the last, Houston, February 9, 1903. Wash- ington, 1800, Madison, 1808, Mobile, 1812, and Monroe, 1815 were all created by proc- lamation of the Governor of the Mississippi Territory. The counties of Baldwin, 1809, Clarke, 1812, and Montgomery, 1816, were established by the Mississippi Territorial Leg- islature. These counties were all that were established when the Alabama Territory was created by Act of Congress March 3, 1817. The first session of the first Territorial Leg- islature created Blount, Cahaba (now Bibb),
Conecuh, Cotaco (now Morgan), Dallas, Franklin, Lauderdale, Lawrence, Limestone, Marengo, Marion, Shelby and Tuscaloosa; and the second session the counties of Autauga and St. Clair. The first state legislature, 1819, established Butler, Greene, Henry, Jackson, Jefferson, Perry and Wilcox. The second session, 1820, created Pickens. The third session, 1821, Covington and Pike; the fifth session, 1823, Walker; the sixth session, 1824, Dale and Fayette; and the eleventh session, 1830, Lowndes. The Creek cession, 1832, of conferring east Alabama, was organ- ized by the establishment of Barbour, Benton, now Calhoun, Chambers, Coosa, Macon, Ran- dolph, Russell, Talladega and Tallapoosa. Sumter County was formed 1832 from the Choctaw cession. Out of the Cherokee ces- sion were made Cherokee, DeKalb and Mar- shall. In 1841, the legislature created Cof- fee, and in 1847 Choctaw. No others were formed until immediately following the war, when there were many changes, including Bullock, Clay, Cleburne, Crenshaw, Elmore,
Baine (now Etowah), and Lee, 1866; Col- bert, Hale and Jones (now Lamar), 1867; Chilton, Escambia, Geneva, 1868; Cullman, 1877, and Houston, 1903.
The counties are variously named. Ten bear names of Indian origin.
After the treaty of Cusseta, entered into March 24, 1832, all of the lands in east Ala- bama occupied by the Creek Indians were arranged into Benton, Talladega, Randolph, Coosa, Tallapoosa, Chambers, Russell, Macon and Barbour Counties.
The act also creates Sumter County. It also readjusts various other boundaries to the convenience of the inhabitants by shifting lines here and there. With this act the ju- risdiction of the state was extended through definite county organizations, over its entire area.
Acts of Alabama, 1832-33, p. 9.
Counties: names, dates formed, and county seats .- The list which follows contains the names of the 67 counties, with original dates of establishment, and the names of the sev- eral county seats:
Autauga-Nov. 21, 1819, Prattville.
Baldwin-Dec. 21, 1908, Bay Minette.
Barbour-Dec. 18, 1832, Clayton.
Bibb-Feb. 7, 1818, Centerville.
Blount-Feb. 7, 1818, Oneonta.
Bullock-Dec. 5, 1866, Union Springs.
Butler-Dec. 13, 1819, Greenville.
Calhoun-Dec. 18, 1832, Anniston.
Chambers-Dec. 18, 1832, Lafayette.
Cherokee-Jan. 9, 1836, Center.
Chilton-Dec. 30, 1868, Clanton.
Choctaw-Dec. 29, 1847, Butler.
Clarke -- Dec. 10, 1812, Grove Hill.
Clay-Dec. 7, 1866, Ashland.
Cleburne-Dec. 6, 1866. Edwardsville.
Coffee-Dec. 29, 1841, Elba. Colbert-Feb. 6, 1867, Tuscumbia.
Conecuh-Feb. 13, 1818, Evergreen.
Coosa-Dec. 18, 1832, Rockford.
Covington-Dec. 7, 1821, Andalusia.
Crenshaw-Nov. 24, 1866, Luverne.
Cullman-Jan. 24, 1877, Cullman.
Dale-Dec. 22, 1824, Ozark. Dallas-Feb. 9, 1819, Selma.
DeKalb-Jan. 9, 1836, Ft. Payne.
Elmore-Feb. 15, 1866, Wetumpka.
Escambia-Dec. 10, 1868, Brewton.
Etowah-Dec. 7, 1866, Gadsden.
Fayette-Dec. 20, 1824, Fayette.
Franklin-Feb. 6, 1818, Russellville.
Geneva-Dec. 26, 1868, Geneva. Greene-Dec. 13, 1819, Eutaw.
Hale-Jan. 30, 1867, Greensboro. Henry-Dec. 13, 1819, Abbeville.
Houston-Feb. 9, 1903, Dothan.
Jackson-Dec. 13, 1819, Scottsboro.
Jefferson-Dec. 13, 1819, Birmingham.
Lamar-Feb. 4, 1867, Vernon.
Lauderdale-Feb. 6, 1818, Florence.
Lawrence-Feb. 6, 1818, Moulton. Lee-Dec. 5, 1866, Opelika.
Limestone, Feb. 6, 1818, Athens.
Lowndes-Jan. 20, 1830, Hayneville.
Macon-Dec. 18, 1832, Tuskegee.
Madison-Dec. 13, 1808, Huntsville.
Marengo-Feb. 6, 1818, Linden.
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Marion-Feb. 13, 1818, Hamilton.
Marshall-Jan. 9, 1836, Guntersville.
Mobile-Aug. 1, 1812, Mobile.
Monroe- June 29, 1815, Monroeville.
Montgomery-Dec. 6, 1816, Montgomery. Morgan-Feh. 6, 1818, Decatur. Perry-Dec. 13, 1819, Marion. Pickens-Dec. 19, 1820, Carrollton. Pike-Dec. 7, 1821, Troy.
Randolph-Dec. 18, 1832, Wedowee.
Russell-Dec. 18, 1832, Seale.
St. Clair-Nov. 20, 1818, Ashville.
Shelby-Feb. 7, 1818, Columbiana.
Sumter-Dec. 18, 1832, Livingston.
Talladega-Dec. 18, 1832, Talladega.
Tallapoosa-Dec. 18, 1832, Dadeville. Tuscaloosa-Feh. 7, 1818, Tuscaloosa.
Walker-Dec. 26, 1823, Jasper.
Washington-June 4,
1800 (Chatham),
Chatom.
Wilcox-Dec. 13, 1819, Camden.
Winston, Feb. 12, 1850, Double Springs.
REFERENCES .- General County Details: For (1) population, agricultural and manufactur- ing statistics, consult U. S. Bureau of the Cen- sus, Publications; (2) Geological formations and resources, Geological Survey of Alabama, Reports and Bulletins: (3) Climatalogical data, U. S. Weather Bureau, various publications; (4) Lists of officials, election returns and many other local facts, the several editions of Offi- cial Directories, 1886-1909, 8 pamphlets, issued by the Secretary of State, and Alabama Offi- cial and Statistical Register, 1903, 1907, 1911, 1913 and 1915, 5 vols., issued by the Alabama Department of Archives and History; (5) Financial statistics, receipts, disbursements, taxation and property returns, State Auditor, Reports, and Equalization Board, Reports: (6) Railroad lines, mileage, valuation and taxation, Railroad Commission Reports, and State Audi- tor, Reports; (7) Banks and financial statis- tics, Superintendent of Banks, Annual Reports; (8) Educational school officials and other sta- tistics, Superintendent of Education, Reports ; (9) Road appropriations and extension, High- way Department, Reports; records and details of inmates of prisons, Convict Bureau Re- ports, and State Prison Inspector Reports; (10) Rolls of County medical societies, Tran- sactions of the Medical Association of Ala- bama; (11) Church statistics, see the annuals and other issues of Conventions and Associa- tions, Conferences, Councils, Synods and Pres- byteries of the several denominations. (12) Lists of members of Constitutional Conven- tions and of the Senate and House of Represen- tatives will be found in Brewer's Alabama, and in Garrett's Public Men in Ala. up to 1870; sketches of members of the sessions of 1903, 1907, 1911 and 1915 are in the Alabama Official and Statistical Register for those years, and from 1855-56, the Acts contain lists by ses- sions; and in the Register for 1903 are lists of members of all constitutional conventions.
COUNTRY CLUBS. Voluntary social and recreational organizations, formed among members for mutual pleasure. They are of comparatively recent development, and are the outgrowth of the necessity for enlarged
recreational opportunity, systematically planned. Through well appointed and care- fully arranged grounds, they combine social features and healthy sport. The club houses are usually equipped with gymnasium, read- ing room, locker rooms, swimming pool and dance hall. Golf links, tennis courts, basket- ball courts, baseball field, bowling alleys and croquet grounds are provided.
The following is a list of Alabama clubs :.
Anniston Country Club.
Athens Golf Club.
Birmingham Country Club.
Birmingham, Roebuck Gulf & Auto Club.
Eufaula Country Club.
Greenville Country Club.
Huntsville Golf Club.
Mobile Country Club.
Montgomery Country Club.
Montgomery, Woodley Country Club.
Selma Country Club.
Tuscaloosa Golf Club.
Montgomery Country Club .- About 1897 a club was organized in Montgomery, and a small club house built, in the present Clover- dale section of the city. Tennis courts were prepared, and a 9-hole golf was laid out in the same section in what is locally known as "The Pines." Interest in outdoor sports and athletics grew to such an extent that on October 29, 1903, out of the old club, was organized the Country Club of Montgomery. It was chartered November 24, 1903. The present grounds in the southeastern section of the city were secured, a two-story club- house erected, tennis courts and a golf course laid out. The club-house is on the northern end of the course, facing south, and is of rustic design.
The first golf course contained nine holes only. In 1905 John M. Inglis, of Edin- horough, Scotland, was secured as superin- tendent of grounds and instructor. Under his direction an 18-hole course was designed and laid out. Year by year improvements have been added by the construction of traps, bunkers and mounds. Perhaps the most noted features of the course are the excellent hermuda putting-greens. Previous to the suc- cessful use of turf, at least ninety per cent of the putting-greens in the South were what are familiarly known as "Sand-greens," simply bare level areas covered lightly with sand. In a work entitled, "Turf for golf courses," issued by the United States Depart- ment of Agriculture, is this complimentary reference, page 85: "Bermuda putting- greens have in general not been altogether satisfactory, but a very notable exception is found in the greens of the Country Club at Montgomery, Alabama, developed by John M. Inglis."
In 1910 a plan for regular annual invita- tion tournaments was worked out, and invita- tions extended golfers throughout the State.
They have been in every way successful, and have been held regularly on the following dates:
First, July 1910.
Second, June 22-24, 1911.
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Third, July 4-6, 1912. Fourth, July 2-4, 1914. Fifth, June 3-5, 1915. Sixth, June 8-10, 1916. Seventh, June 28-30, 1917.
Alabama Golf Association .- This associa- tion was organized in Birmingham July 23, 1915, at the Roebuck Golf & Auto Club. The Birmingham Country Club, the Montgomery Country Club, the Roebuck Golf & Auto Club and the Tuscaloosa Club participated. The first officers were: President, George Stuart, Montgomery; Vice-president, W. W. Craw- ford, Birmingham; and Secretary-Treasurer, John M. Inglis, Montgomery. The first an- nual tournament and annual meeting took place September 8-11, 1915, at Montgomery. The winner of the tournament was J. S. Alli- son. The same officers were reelected, and the following clubs, in addition to those par- ticipating in the organization, were added to the roster: Anniston Country Club, Mobile Country Club, Huntsville Golf Club and Woodley Country Club of Montgomery. The second annual tournament was held with the Roebuck Golf & Auto Club, September 20-23, 1916. The championship title was won by Dr. A. B. Harris. All officers were reelected. The Selma Country Club was admitted to membership. Because of war conditions there were no tournaments during 1917 and 1918.
Southern Golf Association .- The Anniston Country club, the Birmingham Country Club, Mobile Country Club, Montgomery Country Club, and Roebuck Golf & Auto Club of Birmingham are members and supporters of the Southern Golf Association, an organiza- tion formed in 1902 for the promotion of the game of golf, the protection of the interest of members, the holding of tournaments, and the suitable recognition of winners in champ- ionships or other contests. Alabama clubs have always been well represented in the board of directors. The first secretary was H. B. Yergason of Birmingham, 1902-03, and he was followed by R. H. Baugh, also of Birmingham, who served from 1903 to 1911 inclusive. The office of treasurer was held by L. T. Smith of Anniston from organization, 1902 to 1911 inclusive. Championship tour- naments were held in Montgomery, June 3-7, 1913, and in Birmingham, June 5-9, 1917.
Woman's Southern Golf Association .- This organization, formed on at held its championship tournament at the Bir- mingham Country Club, May 1915, and in Montgomery May 7-12, 1917.
REFERENCES .- Miscellaneous occasional publi- cations of the clubs noted; and manuscript data in the Alabama Department of Archives and History.
COUNTY COURTS. Inferior courts of statutory creation, having original jurisdic- tion, concurrent with the circuit courts, of all misdemeanors committed in their respect- ive counties. Terms of the court are to be held on the first Monday of every month in every county at the court house, and must continue until all business is disposed of. In the discretion of the judges these courts are
to be considered open every day in the week except Sunday, for the trial of offenses com- ing within their jurisdiction, in all cases where parties cannot give bond for their appearance, and desire an immediate trial. In the case of a demand for trial by jury, the defendant is required to enter into bond, con- ditioned for his appearance at the next term of the circuit court to answer the charge. In trials in the county court the judge deter- mines both the law and the facts, without the intervention of a jury, and awards the punish- ment which the character of offense demands; and no statement of the offense need be made other than contained in the affidavit and warrant of arrest.
Because of the existence of numerous city courts, or courts of law and equity, many of the county courts had been abolished. With the reorganization of the judicial system of the state, however, by an act of September 25, 1915, the legislature reestablished all the county courts which had heretofore been abolished, except in counties having a popu- lation of 50,000 or more. This act also pro- vides that in counties where circuit courts are held in two places the county court shall be held at the same places at the county seat on the first Monday in each month, and at the other place on the second Monday. It also repeals all local, general or special laws which provide for the trial of misdemeanors by juries in county courts.
The judges of probate are the judges of the county courts; they are required to enter into bond in the sum of $5,000 for the faith- ful performance of their duties; and the judges are the clerks of their respective courts, but may at their own expense employ clerks, "who may do all acts not judicial in their character." The status of these courts and of the presiding judge were up for con- sideration in Burke's case, 175 Ala., p. 561. It was there decided that a proper construc- tion of sec. 154 of the constitution of Alabama. 1901, which required that certain judges of "courts of record," "except judges of pro- bate courts, shall be learned in the law," in the light of conditions existing at the time of the adoption of this section, and the judicial history of the state as evidenced by prior con- stitutions and acts of the legislature, does not inhibit the legislature from requiring judges of probate courts to act as judges of the county court, even though such court was a court of record, and its judges were not learned in the law. Apart from the excep- tion noted in sec. 154, and which was held not to be conflicting in its terms, an additional reason for investing probate judges with powers and duties of judges of the county court is found in section 139, which mentions such persons as may be by law clothed with judicial powers, which include judges of probate.
County courts of uniform criminal jurisdic- tion were created by Stone and Shepherd's "Penal Code of Alabama." Their original constitution is set forth in chapter 1 of title 3, in which the criminal jurisdiction of the state was vested in circuit courts, city courts,
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HISTORY OF ALABAMA
county courts, justices of the peace, and such other officers as are by law clothed with crim- inal jurisdiction. The language of sec. 2 of the act of September 25, 1915, conferring jurisdiction is practically identical with sec. 383 of the Penal Code. Prior to that time county courts, with criminal jurisdiction had no existence.
County courts, as originally existing and continued under the constitution of 1819, were inferior courts of limited civil jurisdic- tion, concurrent with the circuit courts. Under the territorial acts and until December 14, 1819, the county court was composed of 5 justices, one of whom was chief justice, all of whom were justices of the peace and of the quorum, and who were appointed by the gov- ernor. Frem the last named date until June 14, 1821, the county court consisted of 5 justices, to be elected by the legislature, and who were empowered to elect one of their number as chief justice. By act of June 14, 1821, the previous law was repealed, and pro- vision made for the election of one judge of the county court, to hold office during good behavior. The constitutional amendment of 1830 limited this term to 6 years. The act of February 11, 1850, abolished "the offices of judge and clerk of the county and orphans' court," and established the office of probate judge, who was made the presiding judge in county courts, courts of revenue and roads, and probate courts, the last named taking the place of orphans' courts.
See Chancery Courts; Circuit Courts; City Courts; Court of Appeals; Courts; Criminal Courts; Inferior Courts; Judicial Department; Judiciary; Justice of the Peace; Juvenile Courts; Probate Courts; Recorder's Courts; Supreme Court; Territorial Courts.
REFERENCES .- Toulmin, Digest (1823), pp. 175- 206; Acts, 1849-50, pp. 24-40; Penal Code of Ala., 1866, secs. 380-391; Code, 1907, secs. 6696-6732; General Acts, 1915, p. 862; Gray v. Dennis, 3 Ala., p. 716; Sale v. State, 68 Ala., p. 530; Wiley v. State, 117 Ala., p. 158; ex parte State, 71 Ala., p. 363; ex parte Gibson, 89 Ala., p. 174.
COURT JURISDICTION IN THE CREEK INDIAN NATION. Prior to the land session of 1832, after the admission to the State into the Union, and although the U. S. Indian Agent, Colonel John Crowell, had primary au- thority, within the bounds of the Nation, the State exerted in some way, civil and criminal jurisdiction. By an Act approved January 11, 1827, the limits of the county of Autauga were extended so as to embrace all that coun- try in the Nation, lying west of the Chatta- hoochee river, south of the dividing line be- tween the Creek and Cherokee Nation, east to the Coosa River, and north of a line, be- ginning, at the first big falls of the Coosa River, and running in a direct line to Okfus- kee Old Town on the Tallapoosa River, and from thence in a direct line to the falls of the Chattahoochee River. This territory embraces all of the Creek country from a line drawn from Columbus, Ga., to Wetumpka, thence generally northeast to Center in
Cherokee County. The object of the act was to confer upon the circuit court of Au- tauga County, jurisdiction, but not to give any Creek or other Indians any political or civil rights other than those of protection under the law. An Act making it unlawful for Indians to be "found hunting, trapping, or fishing within the settled limits of this State, or upon any lands in this state to which the Indian title has been extinguished," was passed in 1827, and provided the punishment by sale of his gun, trap, or trappings, and payment over of the proceeds to the Agent, of the Nation to which he belonged. A jail sentence was provided in case of the second offense.
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