History of Alabama and dictionary of Alabama biography, Volume II, Part 125

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: 724

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REFERENCES .- Gatschet, in Alabama History Commission, Report (1901), vol. 1, p. 414. Manuscript records in Alabama Department of Archives and History.

WEATHER. See Climatology.

WEBB. Post office and station on the Central of Georgia Railway, in the northern part of Houston County, 10 miles east of Dothan. Population: 1910-256. It was set- tled by the Webb family. It is in the heart of the melon-growing section of southeast Alabama.

REFERENCE .- Manuscript data in the Alabama Department of Archives and History.

WEDOWEE. The county seat of Ran- dolph County and interior town in the cen- ter of the county, on Wedowee Fork of Little Tallapoosa River. Altitude: 854 feet. Pop- ulation : 1870-130; 1910-435. It has the Bank of Wedowee (State), and the Ran- dolph Star, a Democratic weekly newspaper established in 1902. The town has electric lights, waterworks, and sewerage system. Its industries are sawmills, gristmills, and cot- ton gins. It was named for an Indian chief, "Wah-wah-nee" or "Wah-dow-wee," whose village stood near the present site of the town.

The first settler in the locality was Hedge- man Triplett, who operated a ferry on the Tallapoosa, several miles west of the town. He was the first county surveyor. Other set- tlers were James B. Jones, Benjamin Zach- ary, Ibba Taylor, Joseph Benton, John Rut- ton, Asa Hearn, William Hightower, A. L. Nix, and - Freeman. The town was sur- veyed and platted by Hedgeman Triplett, in December, 1835. W. H. Cunningham bought · the first lot. William Hightower bought 2 lots, on one of which the log courthouse was built in 1836. The first "house" on the site was the Wigwam of Chief Wah-wah-nee, where he invited Judge A. Sawyer to hold his court, in 1834. Among the first settlers in the new town were J. W. Bradshaw, Wil- liam McKnight, William Mullaley, and Thom- as Blake. In 1840, the name of the town was changed to McDonald, and it so con-

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tinued for four years, and was then changed back to Wedowee. The "Mcintosh Trail" was the first road through the settlement. It is also on the Dickson's Mills, Wedowee to Talladega, the Jacksonville to Wedowee, the LaFayette to Jacksonville, the Hickory Level to Arbacoochee Gold Mines, and the Carrollton, Ga., roads.

REFERENCES. - Brewer, Alabama (1872) ; Armes, Story of coal and iron in Alabama (1910) ; Northern Alabama (1888), pp. 154-155; Polk's Alabama gazetteer, 1888-9, p. 805; Ala- bama Official and Statistical Register, 1915.

WEHADKEE YARN MILL, Rock Mills. See Cotton Manufacturing.

WEIGHTS AND MEASURES. Standards of measure of length, surface, weight, and capacity in this State are fixed by statute. The law provides that such standards shali be in conformity with those established by Congress; but inasmuch as Congress has never adopted any such standards, except for use in the collection of duties, the regu- lation of standards has been left with the in- dividual States.

The code of 1907, section 2431, provides that standards shall be furnished to each county in the State as follows: one weight of 50 pounds, one of 25 pounds, one of 14 pounds, one of 7 pounds, two of 4 pounds, two of 2 pounds, and two of 1 pound, avoir- dupois; one measure of 1 yard, and one of 1 foot, cloth measure; one measure of half a bushel, one of 1 peck, and one of half a peck, dry measure; one measure of 1 gallon, one of half a gallon, one of 1 quart, one of 1 pint, one of half a pint, and one of 1 gill, wine measure. These standards are provided at the expense of the State, and are furnished to the counties without charge. They are in the custody of the judge of probate of each county, who must try all weights and meas- ures presented to him by such standards, and if found to agree, must place on each a seal provided at the expense of the county.

The sale of any commodity, by weight or by measure, which does not agree with the standard is penalized, upon proof, by the forfeiture of $10 to each complainant; and section 7876 of the criminal code of 1907 provides that "if any person shall knowingly buy or sell by false weights or measures, he shall be deemed a common cheat, and shall be punished as for a misdemeanor."

In addition to the standards mentioned above, the code prescribes the legal weights of bushels of the following commodities: Cotton seed, 32 pounds; wheat, 60 pounds; shelled corn, 56 pounds; corn in the ear, 70 pounds; corn in the shuck, 75 pounds; peas, 60 pounds; rye, 56 pounds; oats, 32 pounds; harley, 47 pounds; Irish potatoes, 60 pounds; sweet potatoes, 55 pounds; beans, 60 pounds; dried peaches, unpeeled, 33 pounds; dried peaches, peeled, 38 pounds; dried apples, 24 pounds; turnips, 55 pounds; bolted meal, 46 pounds; unbolted meal, 48 pounds.

On February 4, 1807, the legislature of Mississippi Territory established standards Vol. II-43

of weights and measures for the Territory which should conform "to the standard of the United States, if one be established, but if there be none such, according to the stand- ard of London." The provisions of this early law were brought forward into the statutes of the State of Alabama, and, with some amendments, form the basis of the present laws on the subject. The units of measure and weight for which standards were to be obtained and distributed to the counties were practically the same as those stipulated in the present laws.

The Constitution of the United States em- powered Congress to fix the standard of weights and measures, and to make all laws which should be necessary for securing con- formity with them; but this power has never been exercised, and the various States have regulated such matters. The executive de- partments of the Federal Government have from time to time adopted standards, and the States have as a rule made their standards agree with these. In this way, virtual uni- formity of standards throughout the United States have been secured.

In the early days, when Alabama was thin- ly settled and there were few towns, the de- termination of a just and uniform standard of weights and measures to govern the sale and barter of commodities, particularly agri- cultural products, was difficult. This fact is attested by the preamble of an act of December 31, 1822, authorizing a public weigher for the city of Mobile, which stated that "difficulties and disputes frequently arise between the seller and the purchaser of cot- ton and other articles of merchandise, with regard to the weight." The act, though pro- viding for a public weigher who was required to give bond and to serve under rulings pre- scribed by the judge of the county court, expressly reserved to individuals the right to weigh their own commodities. Most per- sons who engaged in selling or buying mar- chandise had their own scales, usually steel- yards or "balances," but frequently scales would not agree, and in the absence of stand- ards, there was no way to settle such differ- ences except by compromise. Arguments of this kind occurred with sufficient frequence to attract the attention of the legislature so early as 1807, as shown above.

All the standards of measure of length, surface, weight, and capacity are in the cus- tody of the secretary of state, who is required to preserve the official set and to supply duplicate sets to all the counties.

See Secretary of State:

REFERENCES .- Toulmin, Digest, 1823, pp. 878- 882; Aikin, Digest, 1833, pp. 445-448; Clay, Digest, 1843, p. 596; Code, 1907, secs. 2429-2439, 7876; Acts, 1822-23, p. 21; New International Encyclopedia (2d ed., 1914); Mclaughlin and Hart, Cyclopedia of American Government, vol. 3, pp. 667-668.

WEOGUFKI. An Upper Creek town in Coosa County, on the east side of a creek of the same name, about 5 miles above its confluence with Hatchet Creek. It is said to

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have been an offshoot of Wako kayi. In

1832 it had 132 heads of families. The name indicates muddy water, that is, U-ia, "water," ukufki, "muddy." This is also the Creek name for the Mississippi River.

See Pakan Talahassee; Wako kayi.

REFERENCES .- Gatschet, in Alabama History Commission, Report (1901), vol. 1, p. 413; Hand- book of American Indians (1910), vol. 2, 934; Hawkins, Sketch of the Creek Country (1848), p. 42.

WEST ALABAMA AGRICULTURAL SCHOOL AND EXPERIMENT STATION. See Sixth District Agricultural School and Experiment Station.

WEST BLOCTON. Interior town and post office in the northern part of Bibb County, about 20 miles northeast of Center- ville. Population: 1910-892. It has the West Blocton Savings Bank (State).

REFERENCE .-- Manuscript data in the Alabama Department of Archives and History.

WEST END LIBRARY. See Birmingham Public Library.

WEST FLORIDA ANNEXATION. A com- mission of three members, to be appointed by the governor, was authorized by the Ala- bama Legislature, March 4, 1901, to confer with a like commission on the part of Florida, to provide for the annexation to Alabama of that part of Florida known as "West Flori- da." The commission is empowered to do and perform all acts requisite and necessary to perfect and consummate an agreement of cession, but no such agreement is to be bind- ing until ratified by the Legislature of Ala- bama and approved by the governor. The territory to be annexed is described as: "AIl the said territory and jurisdiction now held by the State of Florida in and to and over that portion of the territory of the State of Florida lying and being west of the thread of the Chattahoochee and Appalachicola rivers and west of a line running due south from the thread of the mouth of the Appalachi- cola river, bending west so as to pass be- tween the islands of St. George and St. Vin- cent, known and called West Florida." In accordance with the authority thus conferred, Gov. Jelks appointed William L. Martin, Richard C. Jones and Samuel Blackwell as commissioners. So far as known, however, the commissioners never qualified nor organ- Ized, and Mr. Martin and Mr. Jones are now (1916) deceased.

Early Attempts at Annexation .- The fore- going action of the legislature was not the first effort made to annex west Florida to Alabama. In 1811 the inhabitants of west Florida petitioned Congress to be incorpo- rated into the Mississippi Territory. Later the constitutional convention of Alabama, 1819, memorialized Congress to embrace all of west Florida in the new State; and the preamble to the constitution was so phrased as to permit "such enlargement as may be

made by law in consequence of any cession of territory by the United States, or either of them." The several subsequent constitu- tions of Alabama have carried this or a sim- ilar provision, thus foreshadowing the pos- sible annexation of the western part of the State of Florida.

Sporadic efforts and discusslon to bring about annexation doubtless occurred between 1819 and 1861, but one only deserves special mention. The general assembly, February 8, 1858, adopted a joint resolution proposing to the State of Florida that it cede west Florida to the State of Alabama, and author- izing the governor to appoint a commission to conduct the negotiations. Judge Gappa T. Yelverton, of Coffee county, was appointed commissioner; but after a conference, he failed to obtain the assent of the Florida State government to the cession. Nothing further was done in that direction until sev- eral years after the close of the War.

Attempts Since the War .- On December 30, 1868, the legislature reopened negotia- tions by the adoption of another joint resolu- tion authorizing and directing the governor "to negotiate with the State government of Florida, for the annexation to the State of Alabama, of that portion of Florida lying west of the Chattahoochee river," and direct- ing the State auditor, on the order of the governor, "to draw his warrant upon the treasury out of any money not otherwise appropriated, to defray the necessary inci- dental expenses incurred in conducting the negotiations." The resolution further stip- ulated that no action should be considered final and binding until ratified by the general assembly and the Congress of the United States. No mention was made of the ap- pointment of a commission to represent the governor in the negotiations, but neverthe- less Gov. Wm. H. Smith appointed a com- mission of three members, namely, J. L. Pennington, State senator from Lee County, and author of the resolution, Charles A. Miller, secretary of state, and Judges A. J. Walker, long the distinguished chief justice of the Supreme Court of Alabama. They re- ceived their appointments in January, 1869, drew $500 each from the treasury, and left immediately for the State capital at Talla- hassee, where they remained until favorable action by the Florida authorities had been obtained.

On January 26, 1869, the Florida Legis- lature adopted resolutions, directing the governor to appoint three commissioners to go to Montgomery as, "the duly accredited agents of this State to negotiate for said transfer." The Florida commissioners ar- rived in Montgomery early in May. On the 19th of that month a tentative agreement of cession was signed. The consideration for the transfer of west Florida was to be the payment by Alabama of $1,000,000, in 8 per cent, 30-year bonds, and the payment in money of the solvent taxes unpaid in the district at the time of actual transfer. The governor at once approved this contract, but professed to consider the price agreed upon

HON. JOHN T. MORGAN U. S. Senator from Alabama for thirty years, and Brigadier General, C. S. A.

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more than the State, "under all the circum- stances of the case," ought to pay.

The publication of the agreement pre- cipitated considerable discussion in each state. The feeling of the west Florida people generally was favorable, but in Alabama opinion was divided. Some of the more in- fluential newspapers not only opposed the plan, but openly ridiculed it. On November 2, 1869, an election was held in seven of the eight counties in Florida, comprising the territory proposed to be ceded, namely, Cal- houn, Escambia, Franklin, Washington, Holmes, Santa Rosa, and Walton. The total number of votes cast was 1,823, of which 1,162 were for and 661 against annexation. No election was held in Jackson County, but the feeling of its citizens was known to be strongly favorable. Gov. Smith transmitted the agreement to the general assembly in November, and later officially informed it of the result of the west Florida election. A joint resolution was introduced, ratifying the agreement and calling upon Alabama's Rep- resentatives and Senators in Congress to ob- tain the assent of that body to its consumma- tion. The legislative committee to which the whole matter was referred reported favorably on a bill for annexation, but later in the session action was postponed until the next session.

During the same session an investigation of the expenditures of the annexation com- mission, which in 1869 aggregated $10,500, was instituted. This may have had much to do with the postponement of final action on the agreement.

During the next session, 1870-71, the house of representatives adopted a resolution favoring the annexation, but it failed in the senate. The agitation rested until 1873, when it was revived, and another act was passed, providing for annexation, but only with vig- orous opposition. It followed closely the plan of 1869. This action met with no en- couragement on the part of the Florida au- thorities, and the matter thereupon appears to have been dropped. No further official action seems to have been taken until the passage of the act of March 4, 1901, herein- above noted.

In their report transmitting the tentative agreement to Gov. Smith, the commissioners of 1869, expressed their opinion on the ques- tion: "If she [Florida] should from a sentiment of State pride, reject the contract, the subject had better be forever dropped, for we do not conceive that a more favorable opportunity or a fairer or more honorable contract will ever be presented."

Notwithstanding the subsequent attempts to accomplish annexation, there is nothing now apparent to discredit the foresight and accuracy of this opinion.

REFERENCES .- Code, 1907, secs. 80-81; Acts, 1837-38, p. 128; 1853-54, p. 501; 1857-58, p. 432; 1868, p. 599; and the Message of Gov. John Murphy, Nov. 21, 1826, transmitting petition from citizens of West Florida, in Senate Jour- mal, 1826. The messages of Gov. David P. Lewis, dealing with the subject are as follows: Feb.

3, 1873, Senate Journal, 1872-73 [1872-73], pp. 100-106; Feb. 5, 1873, Ibid, p. 107; Feb. 17, 1873, Ibid, p. 175; and Nov. - , 1874, Ibid, 1874- 75, p. 8. The "Agreement between the com- missioners for annexation" is one of the Doc- uments accompanying Governor's annual mcs- sage, 1869. Col. Francis G. Caffey presented an elaborate discussion of the question at the an- nual meeting of the Alabama State Bar Asso- ciation, 1901 .- Proceedings, 1901, pp. 108-133; also issued separately.

WEST HUNTSVILLE COTTON MILLS Co., Huntsville. See Cotton Manufacturing.

WEST POINT MANUFACTURING CO., Langdale. See Cotton Manufacturing.

WESTERN RAILWAY OF ALABAMA. Organized March 15, 1883, and represents a consolidation, under various changes of name, of several of the earliest efforts at railroad construction in the State. The road extends from Selma, Ala., to West Point, Ga .; mileage operated June 30, 1915-main track and branches, 151.92, side tracks, 32.21, total, 184.13; capital stock author- ized-common, $3,000,000, all issued; no preferred stock; shares $100; voting power, one vote a share; and funded debt, $1,543,- 000. The company is owned jointly by the Louisville & Nashville Railroad Co., as trus- tee for itself and the Atlantic Coast Line Railroad Co., and the Central Trust Co., of New York, trustee, each holding one-half the capital stock.

This company is affiliated with the Atlantic & West Point Railroad Co., the two roads being operated under a joint management and together forming a through line from Selma to Atlanta, Ga .; but distinct organiza- tions with different boards of directors are maintained.

Montgomery Railroad .- The first effort to connect Montgomery and the Alabama River with the railroads already completed or being built in the State of Georgia was made by William Sayre, as president, with John W. Freeman, John Gindrat, John Goldthwaite, Edward Hanrick, Abner McGehee, Nicholas Marks, Henry Lucas, George Mathews, John Scott, Thomas M. Cowles, Asa Hoxey and Joseph Hutchinson, as directors, who organ- ized a company with the title of the Mont- gomery Railroad Co., for the purpose of build- ing a railroad from Montgomery to the Chat- tahoochee River, opposite Columbus, Ga. The company was chartered by a legislative act of January 20, 1832, which fixed its maxi- mum capital stock at $1,000,000; empowered the president and directors to borrow money, contract debts, and pledge the company's per- sonal or real estate for the payment of debts; made the personal estate of each stockholder liable for the company's debts in proportion to the amount of his stock; authorized the letting of contracts for construction of por- tions of the road; prohibited the exercise of banking powers; required the commencement of construction within 3 and the completion of the entire line within 20 years to avoid

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forfeiture of the charter; required annual statements of the company's affairs to the stockholders; vested title to the road and equipment in the company for 50 years; de- fined the rights of the company to sue and be sued as being the same as those of an indi- vidual; authorized the collection of tolls on completed portions of the road at rates which should not produce a net annual profit in excess of 25 per cent on the amount invested; prohibited the company's asking or receiving aid from the Government of the United States on penalty of forfeiting its charter.

Brice Battle was appointed topographical engineer, and made a reconnoissance of the proposed route. In November of the same year he reported the distance from Montgom- ery, Ala., to West Point, Ga., as 76 miles, and estimated the average cost of construct- ing the railroad at $8,000 per mile. This company failed to get the work under way, and on January 15, 1834, a new charter for a company by the same title was taken out by John Scott, Sr., Abner McGehee, George E. Matthews, William B. S. Gilmer, Jesse P. Taylor, John W. Freeman, Thomas M. Cowles, Andrew Dexter, Thomas James, John Gold- thwaite, Charles T. Pollard, William Sayre, Edmund Henrick, Georga Wragg, Benajah S. Bibb, Justus Wyman, Thomas S. Mays, George Whitman, Francis Bugbee, N. E. Ben- son, Joseph Hutchinson, W. P. Convers, John Martin, P. D. Sayre, C. Hooks, Green Wood, J. H. Thorington, S. W. Goode, and their associates. The new company was empow- ered to construct a line of road from Mont- gomery to West Point, on the Chattahoochee River; also to construct lateral branches; capital stock not to exceed $3,000,000 in shares of $100 each; exclusive railway rights for 50 years between the Alabama and Chat- tahoochee Rivers were granted, but the right was reserved to seize the property upon pay- ment of the actual value of its stock in the event the road were not commenced within 3 years and completed within 10; the ex- ercise of banking powers was expressly pro- hibited; tolls for transporting freight lim- ited to 50 cents per hundredweight per hun- dred miles, and 6 cents per mile for each passenger. Ground was first broken on February 2, 1836, on the land of Mr. Brack, near Montgomery, by the contractors, Messrs. John Scott and Abner McGehee, with a force of 30 or 40 hands. The general financial stringency at the time retarded the work of grading, but the company succeeded in finish- ing 12 miles by June, 1840, and 33 miles, to Franklin, by the following November.

The franchise and property were sold under foreclosure at Montgomery, July 6, 1842, and an act of the legislature, February 13, 1843, transferred the charter to a new board of directors, composed of Charles T. Pollard, Lewis Owen, Benajah S. Bibb, Abner Mc- Gehee, William Taylor, James E. Scott, Thomas M. Cowles and Charles P. Shannon, the purchasers; extended the time for com- pleting the road until January 1, 1850, and changed the name of the corporation to the Montgomery & West Point Railroad Co.

Montgomery & West Point Railroad .- An act of February 14, 1843, authorized a loan to the new company of $120,000 from the two per cent fund, to be secured by a mort- gage on the real estate held by the company and, in addition, the personal bonds of the president and directors to insure its repay- ment in 10 years with interest at 6 per cent. per annum; and required that annual reports should be made to the governor, showing the progress of construction and the amount of funds loaned by the State that had been ex- pended during the year. In January, 1845, the legislature voted an additional loan of one-half the amount of the two per cent fund then on hand to this company for 10 years at 5 per cent, upon similar terms.

In February, 1846, the number of directors was reduced from 13 to 5, and all "the hands belonging to, or employed by said company, on the road or works of said company," were exempted from road duty in the several coun- ties through which the railroad passed. The progress of construction was slow, notwith- standing the two loans from the State, and the road was not completed for about nine years after the receipt of the second loan. On December 31, 1849, the time for complet- ing the road was again extended two years, and the exclusive rights between the Alabama the Chattahoochee Rivers, granted by the original charter, were revoked. In January, 1850, a special act was passed to authorize a settlement of the company's taxes for the previous year.

The line was completed and opened for through traffic in 1854. However, as sections of the road had been completed, they had been put in operation, the revenue-earning train following close upon the heels of the construction train. During the year ending March 1, 1847, the receipts from this source amounted to $55,787.97, and during the next four years, respectively, to $79,706.83, $95,- 665.90, $123,781.61, and $140,057.09. For the year ending March 1 1851, the expenses of operation were $67,148.73, leaving a net profit on traffic handled of $72,908.36. For this year, the net income of the company from all sources, including the hire of negroes belonging to the company, and the proceeds. of its half-interest in a steam sawmill, after paying all expenses and interest on loans, was $57,571.43-914 per cent on the capital stock.

In his report in 1851, Pres. Pollard had called attention to the desirability of a rail- way connection between Montgomery and the Gulf of Mexico at Mobile or Pensacola. Within two years thereafter a company was organized for the purpose of building such a connection. Chief Engineer Jones of the Montgomery & West Point was made chief engineer of the new company. Later on Mr. Pollard was elected its president, and the Montgomery & West Point Rail Road Co. continued to be financially interested in the new project, which was needed as the means of developing through traffic between the different sections of the country served by the Montgomery & West Point, and tidewater

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History of Alabama and dictionary of Alabama biography, Volume II, Part 125

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: 724

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: 724