History of Alabama and dictionary of Alabama biography, Volume I, Part 83

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 83

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REFERENCE .- Acts of Alabama 1826-27, p. 32; Mss. data in Alabama Department of Archives and History.

COURT OF APPEALS. Established by the legislature, March 9, 1911. For some years the business before the supreme court had accumulated until there was a general de- mand for relief, not only from justices of that court and members of the bar, but also from litigants. General discussion took definite form at the session of the Alabama State Bar Association, July 13, 1910, with the presentation by Judge Joseph H. Nathan of Sheffield, chairman of the committee on jurisprudence and law reform, of an act to establish such a court, but with its jurisdic- tion limited to $500 in civil cases, and in criminal cases where the punishment was ten years or under.

In his first message, January 17, 1911, Gov. Emmet O'Neal declared that: "It is apparent that our supreme court needs relief. The cases coming before that body are too numerous for that court as at present consti- tuted to determine with promptness and at the same time to give the care which many of them, from their grave importance, de- mand. Every utterance of the supreme court should be the last word, and should repre- sent the utmost research obtainable." The governor made no specific suggestions nor offered any definite plans, but the passage of the act creating the new court had his prompt approval.

It is composed of three judges, the act first requiring them to be appointed for two, four and six-year terms respectively. The governor on the day the act was approved, named Richard W. Walker, of Huntsville, John Pel- ham of Anniston and Edward de Graffenried of Greensboro, as judges. On the organiza- tion of the court, March 11, 1911, Mr. Walker was selected by his associates as presiding judge. The State senate promptly confirmed . the appointments. On April 7, hardly a month later, the original act was so amended that all judges should have six-year terms, vacancies to be filled as vacancies on the supreme court, and after the first appoint- ment, the judge who had served the longest as such was ipso facto to be the presiding judge. To complete the organization, Alex- ander Troy was selected as clerk, and John D.

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Bibb, as secretary, both of Montgomery. The reporter, the marshal and assistant marshal of the supreme court are required to dis- charge the same duties for the court of appeals.

The salaries of the judges are $5,000 each, the clerk of the court, $2,500, and the secre- tary, $1,650 per annum, all payable as the salaries of other State officials.

The supreme court has general superin- tendence and control of the court of appeals under section 140 of the constitution, but this power is exercised sparingly and with great caution, and so as not to hamper the latter in the legitimate discharge of its duties and functions, or so as to render it a burden instead of a relief. The revisory power is, therefore, confined to a review of decisions of the court of appeals on questions of juris- diction and law; and it is never extended under any circumstances, to a review of its findings or conclusions upon the facts only, nor to a review of the facts for the purpose of revising the application of the law to them by that court. (See the three cases noted below.)

The appellate jurisdiction of the court of appeals, "except as to actions involving the title to or possession of lands and except as otherwise provided," is "co-extensive with the state of all suits at law where the amount involved, exclusive of interests and costs does not exceed the sum of one thousand dollars, of all misdemeanors, including the violation of town and city ordinances, bastardy, habeas corpus and all felonies, where the punishment has been fixed at twenty years or under." However, before the court can strike down any statute, Federal or State, the validity of the same must be submitted to the supreme court for determination. If the judges are unable to reach a unanimous conclusion, or decision, in any case or matter before them, any one of the judges may certify to the supreme court any question or questions of law as to which they differ, stating such questions as abstract propositions, and the supreme court is required to give its opinion upon the question so certified, and such opinions are to be given the same effect by the court of appeals as it is required to give to the decisions of the supreme court. The court has original jurisdiction to issue and determine writs of quo warranto, mandamus, injunctions, habeas corpus, and such other remedial and original writs necessary to give it a general superintendency and control of jurisdiction inferior to it and in matters over which it has final appellate jurisdiction. Ap- peals are to be taken subject to the same general rules provided for appeals to the supreme court. The State is divided into eight appellate divisions, corresponding to the divisions of the supreme court. The court holds its sessions on the afternoons of all days on which calls are had during the morning hours in the supreme court. The attorney general in person or by assistant is required to represent the State in criminal cases, and in all civil suits in which the State is a party. Upon organization the cases then

pending in the supreme court, of which the new court would have jurisdiction under the terms of the act, and which had not been argued orally before the supreme court, were promptly transferred.

The relief afforded the supreme court, to- gether with the better opportunity for a prompt consideration of the cases brought before it and by the new court has given much satisfaction. Two hundred and sixty cases were transferred from the supreme court and placed on the docket of the court of appeals at its first session in 1911. In- cluding that number, at the beginning of the fall term, 1916, approximately 3,650 cases have been brought to the court by appeal. During its existence 462 cases have been transferred to the supreme court, under an agreement between the two courts by which the cases in excess of 40 per cent of submis- sions in both courts are to be transferred from the court of appeals to the supreme court for determination.

The legislature of 1915 made sundry amendments to the original acts of 1911. These amendments regulate appeals, sub- missions, terms, and times in which returns must be made.

The first case reported was decided June . 30, 1911. Volume 1 of the Reports contains copies of the law establishing the court and acts amendatory thereto, 1911. It also con- tains an extract from the minutes of the court, in which an account is given of its organization on March 11, 1911. At the ses- sion of April 4, 1911, it was ordered that the rules of practice of the supreme court be adopted for the control of the court of appeals.

Presiding Judges .- Richard W. Walker, 1911-1914; John Pelham, 1914 -.

Judges .- Richard W. Walker, 1911-1914; John Pelham, 1911-1914; Edward de Graffen- ried, 1911-1912; E. Perry Thomas, 1912- 1914; Ben P. Crum, 1914; J. Bascom Brown, 1914 -; Charles R. Bricken, 1917; Wm. H. Samford, 1917.

Clerk .- Alexander Troy, 1911 -.

PUBLICATIONS. - Appellate Court Reports, Vols. 1-12, 1911-15, '8vo.

REFERENCES .- Acts, 1911, pp. 95, 319, 449, 587, 589; General Acts, 1915, pp. 606, 610, 711, 816, 824; Ala. State Bar Association, Proceed- ings, 1910, pp. 9, 183; Williams v. L. & N. R. R. Co., 176 Ala., p. 631; Ex parte Stevenson, 177 Ala., p. 384; Ex parte State, 181 Ala., p. 4. The case of Lovejoy v. City of Montgomery, 9 App. Court, p. 466, and 180 Ala., p. 473, illustrates the procedure in the certification of cases by the court of appeals to the supreme court to determine questions of constitutionality.

COURT REPORTERS. Competent short- hand writers, appointed under acts of Septem- ber 22 and 25, 1915, to officially report and to expeditiously transcribe the proceedings of trials in the several circuit courts, and to take down and transcribe the testimony given orally in cases in equity. When directed by the presiding judge, they attend the sessions of the grand jury, and take notes of the tes-

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timony before it as directed by the solicitor or foreman. The appointments are made by the circuit judges; the reporters are officers of the court, with power to administer oaths; no two or more judges can appoint the same reporter; and notes officially taken are a part of the records of the court. A salary of $1,200 is paid in monthly installments by the counties of the circuit, the prorata of each county based upon the assessed tax val- uation for the preceding year. In counties having three circuit judges, each judge ap- points one reporter, and the salary of each is $175 per month. In each case, $5 per day or fraction of a day is taxed as a part of the costs.

Court reporters were first authorized for the circuit courts and courts of like jurisdic- tion throughout the entire State. by act of August 26, 1909. However the value of such service had for years been recognized, and this act expressly provided it should not operate to repeal any local or special acts providing for stenographers.

The court reporters organized the Alabama Shorthand Reporters' Association, at Mont- gomery, in 1910; and it has since held two annual meetings, the first at Birmingham, and the second at Mobile in 1915. The officers elected at the last annual meeting are still serving. They are R. D. Algee, of Birming- ham, president; David W. W. Fuller, of Mont- gomery, vice president; L. H. De Wees, of Montgomery, acting secretary-treasurer. The association has been rather inactive, especially since the passage of the court reporter law above referred to.

As early as February 12, 1879, the legis- lature authorized the appointment of an offi- cial stenographer for the circuit, city, chan- cery and probate courts of Mobile County.

REFERENCES .- Acts 1878-79, p. 259, amended, Ibid, 1894-95, p. 295; Ibid. 1909, p. 263; General Acts 1911, p. 25; Ibid. 1915, pp. 705, 859; Ala- bama Official and Statistical Register, 1915, p. 47.

COURTLAND. Post office and incorpo- rated town, on the Southern Railway, in the northern part of Lawrence County, on Big Nance Creek, 15 miles north of Moulton. Altitude: 560 feet. Population: 1872-600; 1880-580; 1890-579; 1900-488; 1910- 478.

It was established in 1818, and incorpo- rated December 13, 1819. It is now operated under the municipal code of 1907. Its streets are graveled, and a considerable portion of the sidewalks are paved. The city tax rate is 5 mills, and there is no bonded indebted- ness. It has a branch of the Tennessee Val- ley Bank (State) of Decatur. Its industries are 3 ginneries, a cotton warehouse, gristmill, lumber yard, and planing mill. Besides the public schools, there is a negro Baptist Academy. There is a small park, or play- ground, in the heart of the city. Its churches are the Methodist Episcopal, South, and the Presbyterian. The former was established in 1818, and was known as "Ebenezer." The town took its name from the fact that a

United States Land Office and the Federal Court were established there; hence the name "Courtland."

The earliest settlers were the Bynum, Shackelford, Sherrod, Gilchrist, Harris, Sykes, Perrine, Saunders, Swope, Watkins, Jones, and Pointer families. The settlement fur- nished a company of soldiers for the War of 1812. They surrendered with Col. Fannin, and all but four physicians and their four assistants were shot by the Mexicans.

Courtland is said to have the greatest per capita wealth of any town in the State. There were many handsome ante bellum homes there, but all except that of Col. James E. Saunders were burned by raiders during the War. The town is situated on the old stage roads between Lawrenceburg, Moulton, and Tuscaloosa, and between Tuscumbia and Decatur.

REFERENCES .- Brewer, Alabama (1872), p. 307; Saunders, Early settlers (1899), pp. 11, 12, 37, 43, 50, 239; Northern Alabama (1888), pp. 66, 67; Polk's Alabama gazetteer, 1888-9, p. 286.

COURTS. The agencies established by the constitution, and organized by statute, through which the judicial department of the state exercises its functions. Under the consolidated court act of August 16, 1915, and special laws unrepealed there- bv, they consist of a supreme court, a court of appeals, circuit courts, probate courts, county courts, commissioners' court, inferior courts, juvenile courts, justices of the peace, recorders' courts, and such persons as are "by law invested with powers of a judicial na- ture." Courts are either constitutional, or statutory, the former are permanent, the lat- ter are the creations of the legislative power, and may, together with the officers created thereby, be abolished at will; they are of appellate or original jurisdiction, either one or both, or of limited jurisdiction, as in the case of inferior courts; and they are some- times known, from the subject matter of the jurisdiction, as common law, chancery and probate courts.

The judicial history of the state reveals the establishment of numerous city, law and equity, or criminal courts, or other inferior courts, usually known by the names of the cities or local areas over which they exercise jurisdiction. All of these courts, however, were struck down by the consolidation act above referred to. In addition to the aboli- tion of these courts by consolidation into the circuit court, the judicial reform legislation of 1915 was far-reaching and important in other directions. Agitation looking to the improvement of conditions in the administra- tion of the courts had extended over a number of years. At every session of the Alabama State Bar Association the more thoughtful, courageous and progressive members urged aggressive action. As a rule the governors of the state have lent their influence toward reform efforts. Gov. Emmet O'Neal on May 10, 1912, proposed and appointed a committee to undertake a careful

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consideration of needed changes, if any, in existing procedure, with a view to recommen- dations to the following session of the legisla- ture. The committee was made up of leading members of the supreme court, of the court of appeals, the attorney general, and the presi- dent and several members of the State Bar Association. The organization thus effected prepared a tentative series of suggestions, which were adopted and widely published. They were later submitted to the legislature. The letter of Gov. O'Neal, appointing the members of the committee, happily summar- izes the situation demanding relief. Among other things he says:

"As the State has grown in wealth and population litigation has correspondingly in- creased and many new courts have been established. The necessity for these addition- al courts could, in my judgment, have been largely obviated had we reformed our ancient and antiquated methods of judicial proce- dure. It is important that justice be ad- ministered speedily and economically in our courts, and that punishment should swiftly and certainly follow crime, but neither of these results can be obtained unless thorough reforms in our present system be secured.

"The imperative necessity of judicial re- form has challenged the consideration of all thoughtful people in Alabama, but I feel that it will be impossible to secure the needed changes unless those who are qualified will voluntarily undertake a careful consideration of the subject, and recommend the passage of such legislation as will accomplish the de- sired results.

"The capacity of a State to deal with crime and to administer justice economically and without delay is a test of the efficiency of popular government, an'd I am sure you recog- nize that the reforms suggested are of vital importance."

In due course the recommendations reached the legislature in 1915. The press and the people very generally took up the discussion. and it may be said that the senators and the representatives entered upon their duties pledged to some sort of action. Early in the session a joint resolution was passed provid- ing for the appointment of various commit- tees, including a special committee on judici- ary, of three members from the senate and five from the house, "to consider all questions concerning the judicial system of the state, organizations of the courts, circuits, districts, reorganization, consolidation of courts, juris- diction, procedure, officers, terms, juries and jury commissioners, times of meeting, and such other matters as affect the administra- tion of the laws." The committee so ap- pointed, entered upon its work February 19, 1915, and sat-days during the legislative re- cess. On July 13, 1915, its report was sub- mitted to the legislature, together with 69 separate bills, embodying the results of their work. The names of the committee are as follows: Senators John A. Lusk, J. C. Milner, Alto V. Lee, and Representatives W. C. Davis, Samuel Will. John, D. C. Blackwell, A. R.

Brindley and Ira B. Thompson. Mr. Davis was chairman. The committee worked faith- fully and disinterestedly. There was not always a unanimity of opinion, and Mr. Brind- ley brought in a minority report. The failure of the governor to approve all of what were known as the judiciary bills involved some complications in the inauguration and work- ing out of the new system, but happily the difficulties were met. After a trial of more than a year, the statistics show that crime has been dealt with, private rights more promptly conserved and protected, and justice adminis- tered with more economy and with less delay than ever before in the history of the state.

In addition to consolidation, nothwithstand- ing the general value of other reforms, per- haps the next in importance is the power of supervision conferred upon the chief justice, September 18, 1915. Prior to that time no general administrative supervision of the courts had been authorized, other thay through impeachment, indictment, the super. viscry power vested in appellate courts and a limited control by the governor. The act In question involves the theory of a central directing agency, charged with the duty of collecting reports and information as to "the administration of justice, the workings and operation of the courts, the amount of busi- ness pending, performed or dispatched in the several courts of the state." The chief justice is clothed with the authority and it is made "his duty to see that the business of the several courts of the counties is attended to with proper dispatch, and that the cases, civil and criminal, are not permitted or suffered to become congested or delayed, and he shall take care that prisoners are not allowed to remain in the jails without a prompt trial." He has power to order a call of the dockits of the courts, to direct the supernumerary judge, or the judge of any circuit at any time to call such dockit, may order the attendance of any solicitor upon the court for the prosecu- tion of criminal cases or defense in any case in which the state or county is interested. may order one or more judges living out of a circuit to attend and hold or assist in holding courts in other circuits, and may provide for the rotation of circuit judges.

In the evolution of the system of courts, much consideration has been given the sub- ject of officers. These include judges, clerks and deputy clerks, sheriffs and bailiffs, and court reporters or stenographers. The ju- diciary will be found fully treated under that title. Other officers are traced through the general title Offices and Officers.

Through legislative enactment from time to time the judicial system, it is to be ob- served, has been developed, and details can only be worked out or traced through the session laws, digests and codes. In the sep- arate sketches of the several courts named above will be found particulars of such legls- lation, with full bibliographies.

See Distribution of Powers; Judicial De- partment; and also titles of the various courts, supra.

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REFERENCES .- Constitution, 1901, secs. 42, 43, 139, 171, in Code, 1907, vol. 3, pp. 41, 105, 124, with cases and illustrations cited; Special Com- mittee on Judiciary, Report, as printed Bill No. 59, 1915 (4to, pp. 178); Proceedings of the first meeting of the committee on the reform and revision of the judicial system of Alabama (1912) ; General Acts, 1915, p. 279, and index.

The dignity and authority of the courts is amply protected by the general power "to issue attachments and inflict summary punish- ment for contempts." This authority extends to all courts or persons clothed with judicial authority, and may be applied to prevent the disturbance or obstruction of the administra- tion of justice, or to impair the respect due to judicial proceedings. It extends to officers, attorneys, parties and all others who may off'end, and the right of trial by jury does not apply to proceedings for contempt.

COVINGTON CANAL COMPANY. A com- pany chartered February 5, 1858, with A. G. Mallett and John Dixon as incorporators, with power to hold property not to exceed $100,000. The right to charge such tolls for boats, rafts or logs as might from time to time be fixed by the court of county com- missioners of Covington County, was con- ferred. The act recites: "That said com- pany is authorized to cut out and construct a canal, commencing on the Conecuh River, at some point above the Sepulga River, and connecting with the Black Water River, at the junction of Bear and Panther Creeks; such canal to be of such width and depth as may be deemed necessary by said com- pany."

The object of the canal was to open a di- rect channel of communication from the Conecuh River in the western part of Cov- ington County through the Black Water River to Black Water Bay at the town of Milton, Fla. What progress, if any, was made in the venture is not known.

REFERENCE .- Acts, 1857-58, p. 144.

COVINGTON COUNTY. Created by the legislature December 18, 1821. Its territory was originally a part of Henry County, and of vast extent. It was gradually reduced to its present proportions by the establishment of Dale County, December 22, 1824, and Geneva County December 26, 1868. The western part of Dale, at first a part of Coving- ton, was set off as Coffee County, December 29, 1841. It has an area of 1042 square miles, or 666,880 acres.

It bears the name of Brig. Gen. Leonard Wailes Covington, a native of Maryland, rep- resentative in Congress from that state, sol- dier of the War of 1812, and killed in the engagement at Crystler's Fields, or Williams- burg, November 11, 1813. The legislature, August 6, 1868, changed the name to Jones County, but October 10, 1868, the original name was restored.

Five commissioners, William Carter, jr., James R. Mobley, Aaron Lockhart, Henry Jones and Abel Polk, were named December 18, 1821, to organize the county. They were

empowered to designate a sultable place for a seat of justice, and to contract for and superintend the erection of public buildings. They were to meet at the house of Aaron Lockhart on the first Monday in March, 1822, and hold an election for sheriff, clerk of the circuit court, and clerk of the county court.

What was done under the preceding act was not known, but another was passed De- cember 12, 1822, in which John M. Chapman, William Arthur jr., Henry Jones, Abel Polk and John Cruse were named as commission- ers. They were to hold an election on the first Monday in March, 1823, to perform sub- stantially the same duties as were required of the commissioners under the first act.

The county seat selected by the commis- sioners was Montezuma, located on Conecun River. However, it was known as Covington on an old map dated 1831.

The first officers were John R. Mobley, elected by the legislature in 1822; and John H. Stone, sheriff, Samuel Bracken, clerk of the circuit court, and Samuel Jones, clerk of the county court, all elected in March, 1823.

The legislature, December 18, 1821, pro- vided that the election precincts heretofore established in Henry County, but which were thrown into Covington County on the crea- tion of the latter on December 18, 1821, should continue as precincts in the latter. The location of these has not been ascer- tained, since the acts providing election pre- cincts for Henry County do not sufficiently describe them as to location. On December 24, 1824, an additional precinct was provided at the house of John E. Sentell.

Location and Physical Description .- It lies in the south central section of Alabama, and along the Florida line. To the north lies Butler and Crenshaw, east Coffee and Geneva, west, Escambia and Conecuh counties, and to the south Walton and Santa Rosa counties, Florida. The topography ranges from level to gently rolling in the stream bottoms and terraces to rolling in the uplands. The up- lands for the most part consist of broad gently rolling ridges, favorable for farming operations. The general slope is gradual to the south and southeast. The highest eleva- tions lie west of the Conecuh River, in the northern and central part. The roughest and most broken part of the county lies between Conecuh River and Pigeon Creek. The drain- age is discharged on the west, south and east through the Conecuh, Yellow, Blackwater, and Pea rivers. The Conecuh River is the largest watercourse. The Yellow River, hav- ing the largest drainage area, heads in Bul- lock County and flows directly through Cren- shaw and Covington counties. It has cut a narrow channel from 10 to 60 feet below the adjacent bottoms. The principal tributary streams of the Conecuh River are Patsaliga, Pigeon, Feagin, Big and Fall creeks. Other creeks are Poley, Lightwood, Indian, Lime- stone, and Five Runs, all draining into Yellow River. Panther and Corner creeks flow into the Pea River. The county lies wholly in the Coastal Plain. There are 23 soil types in the

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History of Alabama and dictionary of Alabama biography, Volume I, Part 83

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