USA > Alabama > History of Alabama and dictionary of Alabama biography, Volume II > Part 104
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It bears the name of Gen. Thomas Sumter, of South Carolina.
In 1833, Livingston was laid out as the seat of justice.
Location and Physical Description .- It lies in the west central part of Alabama, and is bounded on the north by Pickens and Greene Counties, on the south by Choctaw, on the east by Marengo and Greene, and on the west by the Mississippi State line. The Tom- bigbee River forms its eastern boundary. The elevation ranges from 100 to 200 feet above sea level. It is situated in the Gulf Coastal Plain and its surface is moderately hilly and broken. Level tracts occur in the central and northern parts of the county, in what is known as the "prairie section." Char- acter is given to the soil by four geological divisions found in this part of the plain. Be- ginning with the oldest or lowest, these are the Rotten limestone, the Sucarnochee clay, the LaFayette, and the late Pleistocene. There are twelve types of soil found in this county. The Orangeburg, Norfolk, Lufkin, and Ruston types occur in the uplands, Hous- ton clay and black clay in the prairie belt, and Waverly, Sassafras, and Meadow in the bottom areas. A wide variety of crops can be grown and the livestock industry is profita- ble. There are a number of artesian wells in the northern part of the county. Some of the wells sunk in the Sucarnochee clay and Rotten limestone yield magnesia in the form of epsom salts. This water is bottled and readily finds a market. This county is watered by the Tombigbee, Noxubee, and Su- kinatcha Rivers and their numerous tribu- taries. The long leaf pine and blackjack oak predominate in the forest. The annual pre- cipitation is about 50 inches, the average winter temperature about 40° F., and the av- erage summer temperature about 80° F.
Aboriginal History .- The Indians inhabit- ing this county belonged to the Choctaw tribe. About the time of the American Rev- olution this tribe began to expand from their original habitat, therefore the settle- ments in Sumter County were modern in their origin. There were four main settlements or towns. The first known as Quilby Town was situated on Quilby Creek, about three hun- dred yards from its influx into Bodka. Quil- by as pronounced by the whites, is somewhat worn down and corrupted from the Choctaw "Koi aialbe," literally translated "Panther there killed." The Choctaw name of the sec- ond town was not known, but its people were called the Pickbone Indians. This name was given them on account of their adhering to the ancient Choctaw bone picking funeral ceremonies, so often detailed by writers on southern Indians. This town was about six miles from Quilby Town on the head waters of Factory Creek. The fourth town was situ- ated on both sides of Bodka Creek about
eight miles from Gainesville. Alamutcha, the fourth town, was situated in section 10, township 6, range 18, east, one mile from Alamutcha Creek, and was more of an In- dian winter camp than a town. Every winter great numbers of Choctaw families from far and near would erct their shelters at this camp. The women would spend their time in making baskets while the men made blow-guns and hunted wild game including the deer, bear, and turkey. They brought their corn for their bread and hominy with them. These Choctaw villages were in the district of Mingo Moshulitubbee and a great place of resort with them was Gaines' and Glover's store or factory, where they traded and trafficked their Indian wares, and had their great ball plays. The sub-chief, Tim- millichee, was the most noted of the Sumter County chiefs. He lived near the Bodka vil- lage where there is a ford still known as Timmillichee's ford. He was a large, fine looking man, very athletic, the best ball- player among his people, good natured, kind hearted, but lazy and a great drunkard. He remained on his reservation for several years after the rest of his people had emigrated west. Gov. John A. Winston bought his reservation. The Choctaws of Sumter County with but few exceptions, emigrated in the fall of 1831. On Mrs. M. F. Mitchell's plan- tation, on Bodka Creek, there are two or three high hills and all of the Choctaws ren- dezvoused on these hills just before their emigration. Here they remained for three days, lifting their voices in wailing lamenta- tion, performing their religious rites, and here from the summit of the hills, they took their last look over the beautiful country which they were to leave forever.
Evidences of Choctaw occupancy are met with at a number of points in the county and several crossing places on Tombigbee River are identifiable to the present day. When passing through the territory in 1540 DeSoto found the eastern side of the Tombigbee thickly settled and investigations in recent years have proven that this section too, en- joyed that same distinction. Mr. Clarence B. Moore, in 1901, explored burial mounds on Tombigbe River as follows: three mounds one and one-half miles southwest of Sim- mon's Landing; more than one dozen on Cedar Ridge three and one-half miles south- west of Simmon's Landing and near West Pace Landing; three mounds near Moscow Landing on Robert W. Larkin's property; mound in woods between Sucarnochee Creek and River one and one-quarter miles below Moscow; domiciliary mounds near Hillman's Landing and at Bryan's barn. Choctaw crossing places were at Black Bluff, Fort Tombeckbee and at Warsaw. Many years ago, one mile southeast of the mouth of Quilby Creek, could be seen a circular embankment six feet high, about 100 yards in diameter. Sixty feet northwest of the enclosure was a mound and thirty feet northeast a large overflowing spring. The mound was about 8 feet high.
Later History and Settlement. - Its first white settlers, mostly well to do people, pur-
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HISTORY OF ALABAMA
chased their lands when the territory ac- quired by treaty of Dancing Rabbit came into market, in 1831 and 1832. They were mainly from the South Atlantic States, many coming from central and eastern North Carolina. Gainesville, Jones' Bluff, Altamitcha, Demop- olis, and Bluff Port were the early settle- ments. In 1831, Joseph and John Greenless and the Calverts settled near Tunnell's Creek. In the same year a settlement was made on Bodka Creek, by a Mr. Shoemaker, and the following year Capt. Elisha Lacey made a set- tlement near a ford on the same creek which is still known as Lacey's. Nathan Tartt and a Mr. Lovelady also settled on Bodka but near the State line. Sumterville was settled in 1832 by John E. Brown and a party of emigrants, among whom were Capt. S. S .: Webb, Maj. William G. Myers, and Asa, Na- than and Elbert Amason, and the same year the Rushings, David Blacksher, and Joseph Gillespie, Sr., settled near Belmont. About the same time, Alexander Ramsey, the Wiemms, Capers, and Richardsons settled on Factory Creek. In December, 1832, Col. An- thony Winston, Joel W. Winston, William Gormon, and William Atkins moved from Tuscumbia and settled in the prairies south- east of Gainesville. Mathew La Bronse, who had an Indian wife, was one of the first set- tlers of Jones' Bluff. Ludowic Moore Fisher and Warnham Easley settled below Livings- ton on Cedar Creek, the latter opening a store. Maj. Daniel Cameron, a Scotchman born in 1796 on the coast of North Carolina thirty days after his parents had landed from the Highlands of Scotland, bought a large part of the Indian town of Alamutcha, on Alamutcha Creek. He was a practical surveyor and spent much of his time running and establishing government lines. He mar- ried Elizabeth Jane Donald, of Lower Peach Tree. Other settlers of Alamutcha and its vicinity were Abraham Brown, Franklin Brown, Dr. James Tripp, Thomas E. James, Branch K. Bragg, Hardy Yarbrough, Owen Culpepper, Raleigh Spinks, Dr. J. E. Knott, Dr. Thomas M. Moody, Benjamin P. Portis, Eli Toole, Jonathan Culpepper, Jesse and Harman Eaves, Charles McCarty, John Bell, Andrew and Joseph Easten, W. W. Hall, C. H. and Thomas P. Wiggins, John A. Reed, John H. Thornton, John J. McElroy, John Humph- ries and Elbert Boswell.
In different sections on the Kinterbush the Widermans, Chaneys, and John Matthews settled. The Littles and their extensive con- nections, all emigrants from North Carolina, in 1833 or 1834, settled the country around Warsaw, which was first called Jamestown. Bluff Port and its vicinity was settled about 1834. The nearest ferry was at Demopolis. in Marengo County. Other early settlers were William C. Winston, Jesse A. Gibbs, Peter D. Robinson, William Stephens, G. W. Freeman, William A. Patton, Capt. James Parker, Joseph Patton, and Maj. John Wil- liams.
The first settlers of Sumter County found a wealthy free negro family, owning negro
slaves, living on Factory Creek. Sallie Tom, the widow of an Indian who had secured a large tract of land under the stipulations of the treaty of Dancing Rabbit, was the head of the family. She had several sons and two married daughters. None of the family fol- lowed the Indians west. Jack Tom, one of the sons, was a well educated man. After the death of his mother he sold fifteen or twenty slaves to Maj. John C. Whitsitt, and about 6,000 acres of land to Mr. Jerry Brown. Tom's Creek, a tributary of Factory Creek, commemorates the name of this early free negro family.
Agricultural Statistics .- From U. S. Census
Farms and Farmers.
Number of all farms, 4,624.
Color and nativity of farmers:
Native white, 740.
Foreign-born white, 4. Negro and other nonwhite, 3,880.
Number of farms classified by size:
Under 3 acres, 2.
3 to 9 acres, 191.
10 to 19 acres, 524.
20 to 49 acres, 2,321.
50 to 99 acres, 842.
100 to 174 acres, 366.
175 to 259 acres, 132.
260 to 499 acres, 132.
500 to 999 acres, 69.
1,000 acres and over, 45.
Land and Farm Area.
Approximate land area, 581,120 acres. Land in farms, 371,291 acres.
Improved land in farms, 211,670 acres.
Woodland in farms, 120,844 acres.
Other unimproved land in farms, 38,777 acres.
Value of Farm Property.
All farm property, $6,287,329.
Land, $3,621,979.
Buildings, $1,052,975.
Implements and machinery, $230,488.
Domestic animals, poultry, and bees, $1,- 381,887.
Average values: All property per farm, $1,360.
Land and buildings per farm, $1,011.
Land per acre, $9.76.
Domestic Animals (Farms and Ranges).
Farms reporting domestic animals, 4,405.
Domestic animals, value, $1,352,962.
Cattle: total, 21,325; value, $299,363.
Dairy cows only, 8,462.
Horses: total, 4,126; valne, $388,285.
Mules: total, 5,204; value, $561,477. Asses and burros: total, 54; value, $10,320.
Swine: total, 21,728; value, $86,017.
Sheep: total, 2,201; value, $5,695.
Goats: total, 1,467; value, $1,805.
Poultry and Bees.
All poultry, 72,839; value, $27,630. Bee colonies, 779; value, $1,295.
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HISTORY OF ALABAMA
Farms Operated by Owners. Number of farms, 851.
Per cent of all farms, 18.4. Land in farms, 198,370 acres.
Improved land in farms, 78,204 acres.
Land and buildings, $2,241,316.
Farms of owned land only, 712. Farms of owned and hired land, 139. Native white owners, 467.
Foreign-born white, 1.
Negro and other nonwhite, 383.
Farms Operated by Tenants.
Number of farms, 3,752. Per cent of all farms, 81.1.
Land in farms, 153,489 acres.
Improved land in farms, 122,727 acres.
Land and buildings, $2,097,573.
Share tenants, 648.
Share-cash tenants, 15. Cash tenants, 3,016. Tenure not specified, 73. Native white tenants, 253.
Foreign-born white, 2.
Negro and other nonwhite, 3,497.
Farms Operated by Managers.
Number of farms, 21. Land in farms, 19,432 acres.
Improved land in farms, 10,739 acres. Value of land and buildings, $336,065.
Live Stock Products. Dairy Products.
Milk: Produced, 1,404,369; sold, 2,489 gal- lons. .
Cream sold,
Butter fat sold,
Butter: Produced, 445,707; sold, 22,651 pounds. Cheese: Produced,
Dairy products, excluding home use of milk and cream, $94,391.
Sale of dairy products, $5,519.
Poultry Products.
Poultry: Number raised. 167,471; sold, 18,- 615.
Eggs: Produced, 225,227; sold, 39,776 dozens. Poultry and eggs produced. $84,388.
Sale of poultry and eggs, $12,068.
Honey and War.
Honey produced, 3,990 pounds. Wax produced, 205 pounds. Value of honey and wax produced, $568.
Wool, Mohair and Goat Hair.
Wool, fleeces shorn, 1,189. Mohair and goat hair, fleeces shorn, Wool and mohair produced, $678.
Domestic Animals Sold or Slaughtered. Calves-Sold or slaughtered, 664. Other cattle-Sold or slaughtered, 6,044.
Horses, mules, and asses and burros-Sold, 301. Swine-Sold or slaughtered, 7,726. Sheep and goats-Sold or slaughtered, 667. Vol. 11-36
Sale of animals, $147,265. Value of animals slaughtered, $90,174.
Value of All Crops.
Total, $2.345,931.
Cereals, $387,374.
Other grains and seeds, $24,700.
Hay and forage, $87,986.
Vegetables, $140,354.
Fruits and nuts, $33,061.
All other crops, $1,672,546.
Selected Crops ( Acres and Quantity).
Cereals: total, 42,896 acres; 441,878 bushels. Corn, 41,914 acres; 427,576 bushels. Oats, 981 acres; 14,282 bushels.
Wheat, 1 acre; 20 bushels.
Rye, -
Kafir corn and milo maize,
Rice, Other grains:
Dry peas, 1,482 acres; 9,821 bushels. Dry edible beans, 43 acres; 231 bushels. Peanuts, 509 acres; 7,585 bushels.
Hay and forage: total, 5,054 acres; 7,495 tons.
All tame or cultivated grasses, 2,951 acres; 4,491 tons.
Wild, salt, and prairie grasses, 1,655 acres; 2,350 tons. Grains cut green, 379 acres; 551 tons. Coarse forage, 69 acres; 103 tons.
Special crops: Potatoes, 320 acres; 19,814 bushels.
Sweet potatoes and yams, 744 acres; 40,396 bushels.
Tobacco, Cotton, 80,494 acres; 18,709 bales.
Cane sugar, 543 acres; 3,055 tons. Sirup made, 44,229 gallons.
Cane sorghum, 494 acres; 1,312 tons. Sirup made, 13,396 gallons.
Fruits and Nuts.
Orchard fruits: total, 33,696 trees; 14,504 bushels.
Apples, 2,880 trees; 1,897 bushels.
Peaches and nectarines, 29,580 trees; 11,- 597 bushels.
Pears, 998 trees; 946 bushels.
Plums and prunes, 211 trees; 37 bushels. Cherries, 14 trees; 19 bushels. Quinces, 10 trees; 8 bushels. Grapes, 74 vines; 745 pounds. Tropical fruits: total, 767 trees.
Figs, 767 trees; 32,734 pounds. Oranges,
Small fruits: total, 143 acres; 197,758 quarts. Strawberries, 143 acres; 197,750 quarts. Nuts: total, 241 trees; 3,617 pounds. Pecans, 215 trees; 2,617 pounds.
Labor. Fertilizer and Feed.
Labor-Farms reporting, 1,178. Cash expended, $131,377. Rent and board furnished, $31,999. Fertilizer-Farms reporting, 586. Amount expended, $38,761. Feed-Farms reporting, 1,203. Amount expended, $89.896. Receipts from sale of feedable crops, $14,527
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HISTORY OF ALABAMA
Domestic Animals Not on Farms.
Inclosures reporting domestic animals, 346. Value of domestic animals, $63,315. Cattle: total, 1,065; value, $18,596. Number of dairy cows, 466.
Horses: total, 234; value, $27,832.
Mules, and asses and burros: total, 91; value, $12,897.
Swine: total, 543; value, $3,760.
Sheep and goats: total, 53; value, $230. Population .- Statistics from decennial pub- lications of the U. S. Bureau of the Census.
White.
Negro.
Total.
1840
13,901
16,036
29,937
1850
7,369
14,881
22,250
1860
5,919
18,116
24,035
1870
5,202
18,907
24,109
1880
6,451
22,277
28,728
1890
5,943
23,631
29,574
1900
5,672
27,038
32,710
1910
5,377
23,322
28,699
1920
25,569
Post Offices and Towns .- Revised to July 1, 1919, from U. S. Official Postal Guide. Fig- ures indicate the number of rural routes from that office.
Bellamy. Lilita.
Boyds.
Livingston (ch.)-1
Coatopa-1.
Panola-1.
Cuba-2.
McDowell.
Emelle.
Sumterville.
Epes.
Ward-1.
Gainesville.
Whitfield.
Geiger-2.
York-1.
Hamner.
Delegates to Constitutional Conventions.
1861-Augustus A. Coleman.
1865-John A. Winston.
1867-Simeon Brunson, Benjamin Yordy
(colored), Benjamin Inge (colored). 1875-Jonathan Bliss, William G. Little, Jr.
1901-W. A. Altman, John A. Rogers, Reu- ben Chapman.
Senators-
1834-5-Francis S. Lyon.
1835-6-John Rains.
1838-9-John Rains.
1839-40-David B. Boyd.
1840-1-John E. Jones.
1843-4-John A. Winston.
1847-8 -- John A. Winston.
1851-2-John A. Winston.
1853-4-William Woodward.
1855-6-Thomas McC. Prince.
1857-8-William Woodward.
1861-2-Turner Reavis.
1865-6-John T. Foster.
1868-J. A. Yordy. 1871-2-J. A. Yordy.
1872-3-William G. Little, Jr.
1873-William G. Little, Jr. 1874-5-W. G. Little, Jr.
1875-6-W. G. Little, Jr.
1876-7-W. G. Little, Jr.
1878-9-W. G. Little, Jr.
1880-1-A. G. Smith. 1882-3-A. G. Smith.
1884-5-W. A. C. Jones. 1886-7-W. A. C. Jones.
1888-9-L. D. Godfrey.
1890-1-M. L. Stansel.
1892-3-M. L. Stansel.
1894-5-John A. Rogers. 1896-7-John A. Rogers.
1898-9-W. D. Windham.
1899 (Spec.)-W. D. Windham.
1900-01-W. D. Windham.
1903-John Aduston Rogers.
1907-G. B. Wimberly.
1907 (Spec.)-G. B. Wimberly.
1909 (Spec.)-G. B. Wimberly.
1911-S. H. Sprott.
1915-J. R. Bell.
1919-John A. Rogers.
Representatives.
1833-4-Elijah Price.
1834-5-Jefferson McAlpin.
1835-6-William S. Chapman.
1836-7-William Winter Payne.
1837 (called)-William Winter Payne. 1837-8-William Winter Payne.
1838-39-William Winter Payne.
1839-40-P. H. Cromwell; Blake Little; R. F. Houston.
1840-1-J. A. Winston; William M. Inge; Blake Little.
1841 (called)-J. A. Winston; William M. Inge; Blake Little.
1841-2-W. Woodward; J. M. Rushing; H. W. Covington.
1842-3-W. Woodward; . J. A. Winston; Isaac F. Dortch.
1843-4-J. G. Baldwin; J. C. Whitsett; H. F. Scruggs.
1844-5-W. Woodward; S. W. Inge; W. S. Patton.
1845-6-W. Woodward; S. W. Inge; S. S. Perry.
1847-8-W. Woodward; Philip S. Glover; George A. Amason.
1849-50-Robert H. Smith; T. R. Crews; James T. Hill.
1851-2-John C. Whitsett; J. R. Larkin; Devereux Hopkins. 1853-4-John c.
Whitsett; Benjamin P. Portis.
1855-6-Jerome Clanton; William J. Gil- more.
1857-8-Robert F. Houston.
1859-Bartlett Y. Ramsey.
1860-A. S. Vandegraff (vice Ramsey).
1861 (1st called) .-.
1861 (2d called)-Benjamin B. Little.
1861-2-Benjamin B. Little. 1862-(called)-Benjamin B. Little. 1862-3-Benjamin B. Little.
1863 (called)-John McInnis.
1863-4 -. John McInnis.
1864 (called)-John McInnis.
1864-5-John McInnis.
1865-J-Willis V. Hare.
1866-7-Willis V. Hare. 1868-George Houston; Benjamin Inge.
1869-70-Richard Burke; George Houston;
W. Taylor.
1870-1-E. W. Smith; James H. Holmes; J. A. Mooring.
330 .. BRAWORAH
EHERDES
DEB WARE CIL
VICTORY
WELCOME
WELL DONE
167
ALARMA'S
OKN
HONG
GIRLS' PATRIOTIC LEAGUE AND VICTORY ARCH IN MONTGOMERY'S HOME COMING RECEP. TION TO THE FOURTH ALABAMA, 167TH U. S. INFANTRY REGIMENT, RAINBOW DIVI- SION, ON ITS RETURN FROM FRANCE
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HISTORY OF ALABAMA
1871-2-J. H. Holmes; J. A. Mooring; E. W. Smith.
1872-3-Menter Dotson; Robert Reed; William Taylor. 1873-Menter Dotson; Robert Reed; Wil- liam Taylor.
1874-5-G. Bennett; Joseph Bliss; Robert Reid. 1875-6-G. Bennett; Joseph Bliss; Robert Reid.
1876-7-William B. Gere; A. G. Grove.
1878-9-J. R. Ramsey.
1880-1-J. N. Gilmore: J. R. Ramsey.
1882-3-W. B. Gere; W. H. Nevill.
1884-5-L. D. Godfrey; J. R. Larkin.
1886-7-A. J. Arrington; J. R. Larkin.
1888-9-A. J. Arrington; T. D. Beaur- deaux.
1890-1-S. C. M. Amason; J. R. Ramsey.
1892-3-W. H. Seymour; J. R. Ramsey.
1894-5-W. B. Cameron; R. L. Seale.
1896-7-M. B. Cameron; C. P. Mills.
1898-9-A. J. Arrington; W. H. Seymour. 1899 (Spec.)-A. J. Arrington; W. H. Seymour.
1900-01-R. Chapman; L. D. Godfrey.
1903-Robert Lee Seale; Syd Carr Ward. 1907-W. A. Altman; Robert L. Seale.
1907 (Spec.)-W. A. Altman; Robert L. Seale.
1909 (Spec.)-W. A. Altman; Robert L. Seale.
1911-W. E. McGowen; J. R. Ramsey.
1915-Philip Willingham; J. A. Rogers. 1919-R. H. Long; R. L. Seale.
REFERENCES .- Toulmin, Digest (1823), index; Acts of Ala .; Brewer, Alabama, p. 525; Berney, Handbook (1892), p. 329; Riley, Alabama as it is (1893), p. 139; Northern Alabama (1888), p. 215; Alabama, 1909 (Ala. Dept. of Ag. and Ind., Bulletin 27), p. 196; U. S. Soil Survey (1905), with map; Alabama land book (1916), p. 144; 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 Un- derground Water resources of Alabama (1907).
SUNDAY OBSERVANCE. Sunday, or the first day of the week, has been recognized as a sacred day since the very earliest days of the Mississippi Territory. On March 12, 1803, the legislative council and house of representatives of that Territory, of which the present State of Alabama was then in part the eastern half, enacted that "no worldly business or employment, ordinary or servile works ( works of necessity or charity excepted), no shooting, sporting, hunting, gaming, racing, fiddling, or other music for the sake of merriment, nor any kind of play- ing, sports, pastimes, or diversions, shall be done, performed or practiced, by any person or persons within this Territory on the Chris- · tian sabbath or first day of the week, com- monly called Sunday." It is further pro- vided that "no merchant or shop keeper or other person, shall keep open store, or dis- pose of any wares or merchandise, goods or
chattels on the first day of the week, com- monly called Sunday, or sell or barter the same." The act further provides "that no wagoner, carter, drayman, drover, butcher, or any of his slaves or servants, shall ply or travel with his wagon, cart or dray, or shall load or unload any goods, wares, merchan- dise or produce, or drive cattle, sheep or swine in any part of the Territory, on the first day of the week called Sunday." The service or execution of writs and processes, except in criminal cases was prohibited. Pen- alties were provided for violations of the foregoing regulations .- Toulmin's Digest, pp. 216-217.
The foregoing in varying forms has been on the statute books of Alabama from that day to this, and is now to be found as Chap- ter 295 of the Criminal Code, 1907, Vol. 3.
This act appears in Toulmin's Digest, 1823, as of full force and effect with the beginning of statehood. From time to time it has un- dergone modification and restatement. The number of prohibited acts has been enlarged, as the keeping of open bar rooms, or other places for the sale of spiritous, vinous, or malt liquors, or the sale on Sunday of such liquors, by act of February 23, 1903, p. 64. The same session of the legislature, Septem- ber 28, 1903, p. 281, passed a law prohibit- ing any person from playing or engaging in playing baseball, football, tennis or golf on Sunday, "in any public place or places where people resort for such purpose."
The modifications of the statute referred to have not in any way robbed it of its orig- inal purpose and present intent of protecting the sabbath day from desecration by the do- ing of prohibited acts. Even those sects or religious organizations which do not recog- nize the first day of the week, are held by our courts to have no constitutional right to do Sunday work. It is proper to observe that the sacredness which attaches to the observance is not predicated upon the theory that Sunday is a religious institution, but upon general principles of sanctity.
It is further to be observed that the sab- bath is sacred for the preservation of peace and good order of the State but it is only sacred for sacred purposes. The sabbath was never intended as an opportunity for the doing of evil .- Comer vs. Jackson, 50 Ala. 384.
The law further provides that "all con- tracts made on Sunday, unless for the ad- vancement of religion, or in the execution, or for the performance of some work of charity, or in case of necessity, or contracts for carrying passengers or perishable freight, or transmissions of telegrams, or for the per- formance of any duty authorized or required by law to be done on Sunday are void."
In the interpretation of this section the courts have been strict in carrying out its intent and purpose, namely, to prohibit the carrying on of business or secular trans- actions on Sunday. It has rigidly declined to enforce contracts made on Sunday, and they have been declared incapable of en- forcment .- 101 Ala. 162. It has been held
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HISTORY OF ALABAMA
that a note or contract dated or agreed to on Sunday but shown to have been made on a secular day is valid, but it is absolutely void if dated on a secular day and made on Sunday .- 96 Ala. 609; 76 Ala. 339; 87 Ala. 334.
As illustrating works of necessity, a ver- dict may be received on Sunday, judgment being entered afterwards .- 78 Ala. 466. A bail bond may be issued on Sunday .- 59 Ala. 164. A telegram announcing the death of a relative is a necessity, and may be sent and delivered .- 93 Ala. 32. Service of legal process on Sunday is not one of the acts forbidden by statute .- 50 Ala. 384.
(Code of Ala., Vol. 2, 3346.)
The statute expressly provides that "at- tachments may issue and be issued on Sun- day, if the plaintiff, his agent or attorney, in addition to the oath prescribed for the issue of such process, make affidavit that the defendant is absconding, or is about to ab- scond, or is about to remove his property from the State and give the bond required." Code, Vol. 2, Sec. 2938. Reid vs. State, 53 Ala., p. 408, is now changed by the statute. Sunday is dies non juridicus .- 74 Ala .; 84 Ala., 432; 87 Ala., 91; 101 Ala., 162. Sunday is the only legal holiday that is so regarded. All other legal holidays, named in Sec. 5144 and amendatory statutes there- to occupy different relations .- Code of Ala., Vol. 2, p. 1099.
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