History of Alabama and dictionary of Alabama biography, Volume I, Part 85

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 85

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).

1884-5 .- J. T. Watson.

1886-7-John F. Watson.

1888-9 .- J. T. Watson.

1890-1 .- M. Tucker.

1892-3 .- C. L. Eiland.

1894-5 .- Jno. C. Routon.

1896-7 .- C. L. Eiland.

1898-9 .- George H. Thigpen.

1899 (Spec.) .- George H. Thigpen. 1900-01 .- J. O. Sentell.

1903 .- Madison Webster Rushton.

1907 .- M. W. Rushton.

1907 (Spec.) .- M. W. Rushton.

1909 (Spec.) .- M. W. Rushton.

1911 .- I. F. Helms.

1915 .- George H. Smith.

1919-W. H. Stoddard.

For many details on various subjects in the history of the county, see separate sketches of Brantley; Coastal Plain; Conecuh River; Do- zier; Glenwood; Highland Home; La Pine Luverne; Mineral Springs; Patsaliga River; Rutledge; Searight; Soils and Soil Surveys.

REFERENCES .- Acts, 1866-67, p. 38; 1892-93, p. 16; Brewer, Alabama, p. 203; Berney, Handbook (1892), p. 286; Riley, Alabama as it is (1893), p. 223; Northern Alabama (1888), p. 233; Ala- bama, 1909 (Ala. Dept. of Ag. and Ind., Bulletin 27), p. 104; Alabama land book (1916), p. 60; Ala. Official and Statistical Register, 1903-1915, 5 vols .; Ala. Anthropological Society, Handbook (1910); Geol. Survey of Ala., Agricultural fea- tures of the State (1883) ; The Valley regions of Alabama, parts 1 and 2 (1896, 1897), and Underground Water resources of Alabama (1907).

CRIMES AND PUNISHMENTS. See Con- victs, Board of Inspectors of; Industrial School, Alabama; Jails; Juvenile Courts.

CRIMINAL COURTS. Courts having juris- diction in criminal cases, but not under that name or designation, since the consolidation act of August 16, 1915. The criminal juris- diction of the state is vested in the circuit courts, county courts, inferior courts, justices of the peace, juvenile courts, and such other

courts and officers as are by law clothed with criminal jurisdiction, as recorder's courts, or other municipal courts. With the growth of population and the development of cities came the necessity for increased court fa- cilities. This was met by creating city courts, or courts of law and equity. These were usually clothed with criminal jurisdiction, concurrent with, and sometimes exclusive of the circuit courts. Some of these were called criminal courts, with criminal jurisdiction only. All of these courts were struck down by the consolidation act above referred to. Since its establishment, March 9, 1911, the court of appeals has had appellate jurisdic- tion, coextensive with the state, of "all mis- demeanors, 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." In other felonies the supreme court has jurisdiction. Prior to the date named all appellate juris- diction in criminal cases was vested in the supreme court. Consult the titles of the fore- going courts for details.

See Crime and Punishments; Law, or Laws. REFERENCES .- General Acts. 1915, pp. 279, 535, 560, 724, 825, 862; Code, 19v7, vol. 3, p. 462 et seq .; Mayfield, Digest (1901), vol. 1.

CRIMINAL LAW. See Crimes and Punish- ments; Laws.

CRIMINOLOGY. See Convicts, Board of Inspectors of; Crimes and Punishments; In- dustrial School, Alabama; Jails; Juvenile Courts; Law; Negro Reformatory; Training School for Girls, State.

CROPS. A term used to designate articles planted, as cotton, corn, or vegetables, as well as the yield or harvest derived from such planting. The term crop is also referred to the yield of fruit trees, or of grasses, or of wild fruit, nuts or berries. The word has been fixed at twenty years or under." In other cattle, returns on investments, or the share of the landlord in the things grown by the tenant under contract or otherwise, usually called the landlord's part of the crop. The phrase "crop yield," "good crop," "bad crop," "bad crop year," "injury to growing crops" are familiar and well known expressions in agricultural sections of the State.

In agriculture the word is used to indicate given groups of plants, their cultivation, use and purpose, as "field crops," "forage crops," "fiber crops," "cover-crops," "catch-crops," or "green-manure crops." The three first are such as are usually grown under field culture, and include the classes of grasses, hay and forage, fibre, tuber, root, sugar plants and stimulant. Cover-crops are applied to crops employed to prevent injury or losses to soils, and either directly or indirectly to build them up, and often incidentally to afford protection to trees and other plants, rather than to se- cure a harvest from the products planted. Catch-crops are grown between the period of other crops, and are sometimes called "com- panion-crops," thus utilizing land to the ut-

438

HISTORY OF ALABAMA

most. Green-manure crops are for the en- richment of the land.

One of the duties of the Commissioner of Agriculture and Industries is the collection of crop and other agricultural statistics. A like function is exercised by the agricultural ex- periment station at Auburn. These agencies have been without facilities for any full, com- plete or exhaustive compilations. Their pub- lications contain such as have been made. They have cooperated with the U. S. Depart- ment of Agriculture in its surveys and other statistical activities. The latter have been published in the yearbooks. Crop statistics also appear in the U. S. Statistical Abstracts, now issued by the Department of Commerce.

Under the Law .- The term has a definite significance in the legal phraseology of the State. The law provides for the protection of matured crops of corn, cotton or other prod- uce raised by persons in such manner as to make them joint owners or tenants in com- mon therein, whether gathered or ungathered.

Elaborate regulations have grown up, gov- erning the landlord and tenant in reference to crops grown on rented land for rent for the current year, and for advances made in money, or other things of value, either by him directly or by another at his instance or re- quest, for which he became legally bound or liable at or before the time such advances were made. The original statutes on this subject were passed as early as 1807 and 1812. All advances matured November 15 in the year in which the crop is grown. The lien for rent and advances is paramount to and has preference over any other lien for rent for the current year, and for advances made In money or other things of value to make the crop. .

A tenant at will is entitled to his emble- ments if the crop is sowed before notice to quit by the landlord or the tenancy otherwise suddenly terminated, as by the sale of the estate by the landlord, or by judicial sale, or death of the landlord or tenant. Emblements are the crops growing upon the land, which are grown annually by expense and labor, and does not include fruits on trees, not planted annually.

Any crops commenced by a decedent may be completed and gathered by the executor or administrator, and, the expenses of the plan- tation being deducted therefrom, is assets in his hands, and may be sold by him at private sale, in or out of the State. It is optional with the personal representative whether he completes and gathers the crop, but it is not an arbitrary option, and it is his duty to act in the matter so as to conserve the interests of the estate. Unless the personal represen- tative does complete and gather the crop, it is not assets of the estate, but belongs to the heirs or distributees who cultivate or gather it.

For many years a statute has existed pro- hibiting any person from buying, selling, re- ceiving, bartering, or disposing of cotton, corn, wheat, oats, peas or potatoes "after the hour of sunset and before the hour of sun- rise of the next succeeding day," and the mov-

ing or transporting, except within the limits of the farm or plantation on which it is raised or grown, of cotton seed in the same hours. The courts have declared such legislation as a valid police regulation, saying that "the pri- mary object of this law is not to interfere with the right of property or its vendible charac- ter. Its object is to regulate traffic in the staple agricultural product of the state, so as to prevent a prevalent evil, which, in the opinion of the law-making power, may have done much to demoralize agricultural labor and destroy the legitimate profits of agricul- tural pursuits to the public detriment."

See Cereals, Climatology; Sails; and names of crop products possim.

REFERENCES .- Code, 1907, secs. 22, 2614, 4733- 4746, 5234-5252, 6878-6879, 7423; Davis v. State, 68 Ala., p. 58; Wright v. Watson, 95 Ala., p. 304; Mclaughlin and Hart, Cyclopedia of American Government (1914), vol. 1, p. 529; Bailey, Cyclo- pedia of American Agriculture (1912), vol. 2, p. 258.

CROSS PLAINS. See Piedmont.

CROWTOWN. One of the "Five Lower Towns on the Tennessee," and one of the most important Cherokee towns in the Tenne- see Valley. It was situated on Crow Creek in Jackson County, one-half mile from its con- fluence with the Tennessee. It was settled about 1782 by a portion of the Chickamauga Cherokees under their chief, "The Crow." The Chickamaugas were inveterate enemies of the whites, and from these Towns originated many of the bloody incursions upon the white settlers of Tennessee and Kentucky. An im- portant trail led from this town to Long Is- land Towns, in one direction, and to Sauta, and Cossada in the other.

REFERENCES .- Pickett, History of Alabama (Owen's ed., 1900), pp. 139-147; Bureau of American Ethnology, Fifth annual report (1887), pp. 144, 151; Handbook of American In- dians (1907), vol. 1, p. 260; Ala. Hist. Society, Transactions, 1899-1903, vol. 4, p. 193; O. D. Street, in Alabama History Commission, Re- port (1901), vol. 1, p. 118.

CRUELTY TO ANIMALS. A criminal of- fense, designed not only to protect animals from cruel treatment, but also to encourage a humane and considerate regard for them. It was not until February 23, 1883, that specific legislation was enacted. On that date an act was passed, now section 6232 or the Code of 1907, which provides that "Any person, who overrides, overdrives, overloads, drives when overloaded, tortures, torments, deprives of necessary sustenance, cruelly beaten, muti- or cruelly kills, or causes or procures to be overridden, overdriven, driven when over- loaded, tortured, tormented, deprived of necessary sustenance, cruelly beaten, muti- lated, or cruelly killed, any animal, and who- ever, having the charge or custody of such animal, either an owner or otherwise, in- flicts unnecessary cruelty upon the same, or fails to provide the same with proper food, drink, or protection from the weather, or

439

HISTORY OF ALABAMA

cruelly drives the same when unfit for labor, must, on conviction, be fined not less than ten nor more than one hundred dollars; but this section shall not be construed as prohibiting the dehorning of cattle."

In the enforcement of the foregoing it is made the duty of "any officer of the law, county or municipal, and it is lawful for any other person," to arrest and take the offending party before a justice of the peace, for which the informer is entitled to $2.00. By way of further encouragment in "the efficient en- forcement" of the laws, the legislature De- cember 9, 1890, provided that all fines, penal- ties and forfeitures imposed and collected in any county in the state "under the provisions of every act passed or which may be passed relating to or in any wise affecting children or animals, except when otherwise provided, shall enure to the duly incorporated society for the prevention of cruelty to animals organized in such county." The same body March 11, 1911, empowered courts of county commissioners or boards of revenue "to em- ploy a suitable person or persons who shall be charged especially with the duty of enforc- ing all laws for the prevention of cruelty to animals, and all laws for the prevention of cruelty to children," and to fix his compensa- tion, to be paid as other county salaries, such appointment to carry with it the powers of deputy sheriff.

It is an offense to unlawfully or maliciously kill, disable, disfigure or injure any dog the property of another without good excuse, for which, on conviction, a fine of not less than $1.00 nor more than $100.00 must be im- posed, and the defendant may be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.

On review in the supreme court the object of such legislation was discussed. The quota- tion from the opinion in Horton v. State, 124 Ala., p. 80, taken in connection with the statute itself, illustrates public opinion in the State: "The manifest purpose of the statute is the prevention of cruelty to domes- tle animals, and it is immaterial whether the cruelty is inflicted by the owner of the animal, or by another. The word cruelly as employed In the statute must have some significance, and when taken in connection with such other words as 'torture,' 'torments,' 'mutilates,' or 'cruelly beats,' found therein, as well as with the manifest purpose of the statute, evidently means something more than to kill. The manner of the killing, such as tormenting or torturing to death, or prolong- ing the agony, suffering, and pain of the animal in terminating its life," is material.

Campaigns have been unsuccessfully made for legislation to prevent vivisection, or ex- perimentation with animals in scientific in- vestigations.

There was an earlier statute approved De- cember 17, 1821, "for the punishment of malicious mischief." It provides among other things, that "any person or persons who shall unlawfully, willfully, maliciously and secretly kill, wound, and disable any horse, mare or gelding, colt or filly, jack, jenny or mule, or

any goat, sheep or cattle, or any hog, or live stock of any description whatsoever, belong- ing to any person or persons," should on con- viction be fined not exceeding four-fold the value of the property injured or destroyed, "which fine shall be paid as a recompense to the party aggrieved." However, the object of that legislation was primarily directed against malicious injury to property, rather than to the protection of the animal itself against cruel or unusual treatment.

The leading municipalities have not been slow in responding to appeals for stringent cruelty ordinances. In Mobile, Montgomery and Birmingham the regulations themselves appear to be ample. Public opinion has kept pace with and encouraged humane spirit of the times, and such regulations are usually well observed. In Birmingham ordinances are in force prohibiting dealing in disabled horses or mules, prohibiting the overhead checkrein, or checkrein of any kind which may cause the animal physical pain or dis- comfort, and regulating the care and trans- portation of poultry in the city.

Local organizations, popularly known as societies for the prevention of cruelty to animals, in Alabama date from the formation of the Mobile society in 1885. If there were others of earlier date, records are not pre- served. The following is a list of those of which Information is at hand: Birmingham Humane Society, originally organized Janu- ary 1, 1890; Huntsville Civle Club, 1915; Mobile Society for the Prevention of Cruelty to Animals, June 2, 1885; Tuscaloosa County Humane Society, December 10, 1906. Humane work in Huntsville is only one of the many activities of the Civic Club. The Tuscaloosa society covers the entire county, and is active and vigilant.

American Red Star Animal Relief has branches in the State. It has joined forces with other agencies, and by well directed pub- licity, public parades, and the use of "Tag day," funds have heen realized and public opinion quickened in behalf of its humane ohjects.

Mobile Society for the Prevention of Cruelty to Animals .- So far as records exist, this is the first organized effort in behalf of the objects stated in Its title. It was incorporated June 2, 1885. Its by-laws were adopted June 9, one week later, and revised in January 1914. Its present objects are stated to be "to provide effective means for the prevention of cruelty to animals and children within the State of Alabama, to enforce all laws which are now or may hereafter be enacted for the protection of animals and children; and to secure by lawful means the arrest, conviction and punishment of all persons violating such laws."

This society has been perhaps the most active general agency in humane work in the State. (The laws of 1890 and 1911 above noted were prepared, and their passage se- cured by Frederick G. Bromberg of the Mobile Society. Under the act of 1911, a humane officer is employed by the Mobile County Commissioners. This office is re-

440

HISTORY OF ALABAMA

ported as administered with efficiency, and both children and animals have been pro- tected through its interposition.

Birmingham Humane Society .- Work in Jefferson County dates from the efforts of a few thoughtful men and women, resulting in the organization of the Birmingham Humane Society January 1, 1890. Details of its organization and activities are not available, but its name early appears on the roll of the American Society for the Prevention of Cruelty to Animals. It seems to have been reorganized September 12, 1902, at least the present organization of the name has its existence from that date. It was incorporated February 21, 1910. The latter has an ex- cellent record. All forms of activity, pro- jected by the most advanced societies, have been encouraged by it. In addition to preven- tion of cruelty, it has systematically ad- ministered to animal relief, and has promoted veterinary establishments, drinking fountains, and the humane killing of stray animals. It has also been watchful in preventing cruelty to children. This society brought about the passage of a law, February 25, 1915, em- powering boards of revenue in counties of 200,000 population or more, and also im- posing it upon them as a duty to employ one or more persons charged specially with the duty of enforcing the laws for the prevention of cruelty to animals, and to fix his compen- sation, to be paid as other county officers, and such appointment to carry with it the powers of a deputy sheriff.

REFERENCES .- Toulmin, Digest (1823), p. 232; Acts, 1882-23, p. 187; 1892-93, p. 218; 1890-91, p. 71; General Acts, 1911, p. 112; 1915, p. 949; Code, 1907, secs. 6230-6234; Horton v. State, 124 Ala., p. 80; Mclaughlin and Hart, Cyclopedia of American Government (1914), vol. 1, p. 530; Mobile Society Prevention of Cruelty to Animals and Children, Charter and by-laws (1914); Birmingham Humane Society, Reports, 1911, 1912, 1913, and Circulars.

CUBA. Post office and station on the Ala- bama Great Southern Railroad, in the south- western part of Sumter County, about 6 miles southwest of York. Altitude: 210 feet. Population: 1880-368; 1890-265; 1900- 384; 1910-650. It is incorporated. The Bank of Cuba (State) is located there. The Methodist Episcopal, South, and the Baptist denominations have churches in the town. Its industries are a sawmill, cotton ginneries, cotton warehouses, and truck gardening.

CULLMAN. County seat of Cullman County, in the north-central part of the county, on Brindley Mountain, about 2 miles west of Little River, and on the main line of the Louisville & Nashville Railroad, 53 miles north of Birmingham, and 33 south of De- catur. Altitude: 802 feet. Population: 1888-1,500; 1890-1,017; 1900-1,255; 1910-2,130. It was first incorporated by the legislature March 6, 1875, with mayor and six councilmen, and corporate limits "commencing in the north-west corner of sec- tion fifteen (15), township ten (10), range

three (3) west, the north end of fourth ave- nue west running east to the sixth avenue, east with the section line of said section, thence down said sixth avenue east to tenth street, thence west said tenth street to sixth avenue west, thence north said sixth avenue to the section line to the point of commenc- ing." By act of February 7, 1879, a new charter was established with corporate limits somewhat different from the original limits, and by act of February 28, 1889, the new charter was amended so as to establish the boundaries of the corporation, as follows: "Beginning at the northeast corner of sec- tion fifteen, township ten of range three, west; thence north one-fourth of a mile, thence west one mile; thence south to Tenth street in said town; easterly on Tenth street to the section line between sections fourteen and fifteen in township ten of range three, west; thence north on said section to the place of beginning." In 1910 the town was put under the provisions of the municipal code of 1907. It has a city hall, city-owned electric light plant, and waterworks, a volun- teer fire department, 5 miles of macadamized streets, and 20 miles of concrete sidewalks constructed from 1911 to 1916. Its tax rate Is 5 mills for general purposes and 21/2 milla for schools. Its bonded indebtedness is $35,000, issued in 1900, and due in 1920, for the light and water plants. The city also guarantees the payment of $27,000 sidewalk- paving bonds. The Parker Bank & Trust Co ( State) is the only banking institution of the town; but there are three newspapers pub- lished there, namely, the Cullman Democrat, a weekly, established in 1901, the Cullman Tribune, a Democratic weekly, established in 1872, and the Southern Odd Fellow, a fra- ternal monthly magazine, established by Jacob Pepperman in 1897. Its industries are a brick and a tile works, a furniture factory, an iron works, a wagon and buggy factory, 2 ice and cold-storage plants, sash, door and blind factory, woodworking mill, cottonseed oil plant, a union warehouse, 3 cotton gin- neries and warehouses, 2 fertilizer plants, and a brass foundry. In addition to the city schools, it has the county high school. There is a small park and playground. Its churches are the First Methodist, West Cullman Methodist, First Baptist, West Cullman Bap- tist, St. Paul's Lutheran, St. John's Lutheran, Sacred Heart Catholic, East Side Christian, and West Side Christian.

In 1872, when the South & North Railroad was completed from Decatur to Montgomery, John G. Cullman secured 349,000 acres of land in townships 9, 10, and 11, extending for 15 miles, east and west, on either side of the railroad. On this the Cullman colony, con- sisting of five families, was planted, in April, 1873. By January, 1874, there were 123 families, and a town with streets 100 feet wide, two churches, and a log hotel had been established.

Cullman was made the county seat of the new county by the same name created by act of January 24, 1877, and the courthouse was erected in 1878. Among the early settlers

441

HISTORY OF ALABAMA

and prominent residents of Cullman were W. O. Meisner, George Parker, William Bauer, G. A. Prinz, A. B. Hays, J. A. Johnson, S. H. Herrin, J. A. McMinn, R. T. Searcy, P. M. Musgrove, Paul Mohr, geologist, J. H. Karter, William Richard, A. J. York, S. L. Fuller, H. P. Bennett, P. Leroy, and Millard McEntire.

REFERENCES .- Acts, 1874-75, pp. 325-330; Ibid, 1878-79, pp. 304-313; Ibid, 1888-89, p. 868.

CULLMAN COAL AND COKE COMPANY. An industrial corporation, chartered May 6, 1909, in Alabama; capital stock authorized and issued-$750,000 cumulative preferred, $1,250,000 common, total, $2,000,000; shares, $1,000; funded debt, $750,000; property in Alabama-12,637 acres of coal lands, of which 6,416 are in fee simple, at Juliana, Cullman County; and 4,089 acres of farm and timber lands in the same county. The different properties are connected by private railroad, aggregating 25 miles in length. In January, 1915, the company's affairs were put in charge of the Parker Bank & Trust Co., of Cullman, as receiver, and all work has been suspended awaiting reorganization; offices: Cullman.

REFERENCE .- Poor's manual of industrials, 1916, p. 2845.

CULLMAN COUNTY. Created by the legis- lature January 24, 1877. It was formed out of portions of Blount, Morgan and Winston counties. It contains 763 square miles, or 488,320 acres.

It was named in compliment to John G. Cullman, the fonder of the town of Cullman, and largely through whose efforts the section, later included in the county, was built up by a thrifty and vigorous body of German imml- grants.

The act of establishment named Thomas C. Wilhite, T. W. McMims and Pleasant Williams as commissioners to lay off election precincts, to designate the places of voting therein, and to hold an election March 6, 1877, for the selection of a permanent county seat, and the election of county officers. The electors were authorized to vote for either Cullman or Milner as the county seat. The former was chosen.

The first officers, all chosen at the election just referred to, were T. W. McMinn, probate judge, J. F. Thomson, sheriff, and R. H. L. Whorton, clerk of the circuit court.

Location and Physical Description .- It lles in the north-central section of the state. It is bounded north by Morgan and Marshall, east by Marshall and Blount, south by Blount and Walker, and west by Walker, Winston and Lawrence. The county is triangular in shape. The county lies in the Cumberland plateau. Its general elevation in the northern part is 800 feet above sea level, with a gradual decline to the south. The eastern section is rolling to moderately hilly, with steep hills along the creeks. The ridge forming the divide between the two drainage systems of the Warrior River and the Tennessee River, averages at its highest points 1100 feet above sea level. Along the northern county line the

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

History of Alabama and dictionary of Alabama biography, Volume I, Part 85

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