History of Alabama and dictionary of Alabama biography, Volume II, Part 20

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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JUDSON COLLEGE LIBRARY. See Jud- son College.

JUNIOR LEAGUE FOR SERVICE. See

Girls Patriotic League.

JUNIOR ORDER UNITED AMERICAN MECHANICS. A secret, patriotic, political, and beneficiary society, formed in 1853, at Germantown, Pa., as a branch of the Order of United American Mechanics, to prepare young Americans for membership in the lat- ter; became an independent organization in 1885, without the junior age limitation as to eligibility for membership. Among its dec-

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larations is a restricted immigration, protec- tion to Americans, the U. S. flag on school houses, and the daily reading of the Bible in schools. Its total membership is about 300,- 000, in 26 states and 2,500 subordinate councils.

The state council in Alabama was organized at Huntsville, June 10, 1897. Sixty-one councils have been chartered by the state council. The active membership was, in 1919, in excess of 3,000.

REFERENCES. - International Encyclopedia; letters from E. R. Calhoun, State Secretary, Birmingham, in the Alabama State depart- ment of archives and history.

JUVENILE COURTS. Special or regular courts having jurisdiction of neglected or delinquent children, wards of the State, under sections 6450 to 6465 of the code of 1907, as amended by the act of September 16, 1915. In all the counties of the State, except Jeffer- son and Mobile which have separate juvenile courts, this jurisdiction is exercised by the probate courts with the assistance of the necessary special probation officers; but in cities having recorders' courts, such courts have concurrent jurisdiction with the probate courts. The courts having jurisdiction are required to keep separate dockets for the trial of children's cases, and to enter their orders and decrees in such cases in separate minute books; to hold the trials of such cases at a different time from the hearing of other cases; and to conduct the trials in such man- ner as to disarm the fears of the children and win their respect and confidence.

The spirit underlying the juvenile laws and intended to guide in their interpretation and administration, is admirably shown in the act referred to:

"The court may conduct the examination without the assistance of counsel, and may take testimony and inquire into the habits, surroundings, condition and tendencies of such child to enable the court to render such order or judgment as shall best serve the welfare of the child, and carry out the object of this chapter; and the court, if satisfied that the child is in need of the care, discipline, or protection of the State, may so adjudicate and may further render such judgment and make such order or commitment according to circumstances of the case as will conserve the welfare of said child and purposes of this chapter. It is the intention of this chapter that in all proceedings coming under its pro- visions, the court shall proceed upon the theory that said child is a ward of the State and is subject to the discipline, and entitled to the protection, which the court should give such child under the conditions disclosed in the case."

Probation Officers .- The judges of probate, in their capacity of judge of the children's court, are empowered to appoint probation officers, who may be either men or women, and who receive salaries from the county in which they serve. The age limit of chil-

dren who come within the provisions of the juvenile court laws is 16 years, and while it is intended that neglected and delinquent children within those limits shall be re- moved from the jurisdiction of the criminal courts, they do not prevent the criminal prosecution in the ordinary courts of any child which the probate judge is convinced cannot be reformed and brought to a correct life.

Scope of the Laws .- The juvenile court law is based squarely on the principle of the State's parental right to discipline and care for its neglected wards. The jurisdiction con- ferred is in equity, and in no sense criminal, and the personal jurisdiction is made broad enough to cover the case of any needy child. The error of trying to set out just what specific facts must exist in order for the court to acquire jurisdiction of the child is thus avoided. Power is given the court to punish parents and other persons who con- tribute to the delinquency of children. Pro- vision is also made for the appointment of an advisory board, of citizens interested in child welfare work, which shall have general su- pervision of the activities of the probation force.

Desertion and Nonsupport Law .- Another act, which also was approved September 16, 1915, provides penalties against husbands and parents for desertion or nonsupport of wives or children, and confers jurisdiction of such cases upon the probate courts of all the counties except those having separate juvenile courts, in which counties the juvenile courts have jurisdiction. This act is popularly known as the "Desertion and Nonsupport Law," and the courts, in the exercise of their functions under its provisions, as "Domestic Relations Courts." Together these laws form a system of dealing with a special class of cases which ranks with those in vogue in the most progressive States of the coun- try. They represent the effort of the State to differentiate in its judicial and reforma- tory methods between the child and the adult, the delinquent and the criminal, the redeemable and the incorrigible.

Mobile County Juvenile Court .- There was no special provision for the handling of juvenile delinquency cases in the courts of Alabama until 1907, when the first legisla- tion on the subject, an act applying only to Mobile County, was approved on March 5. This law fixed the age limit of children sub- ject to its terms at 16 years, provided for a salaried probation officer, conferred concur- rent jurisdiction on the inferior criminal court and the probate court of the county and the recorder's court of the city of Mobile, defined specifically the nature of the offenses that would subject a child to its operation, and provided for jury trials. There was noth- ing in the law, however, which prevented the prosecution of a child in the regular criminal courts at the discretion of the authorities. The club women of the city of Mobile were largely instrumental in getting the law

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enacted, and with their supervision and assist- ance much good was accomplished in its administration.

The legislature created a separate juvenile court in Mobile County, March 29, 1915, pre- sided over by a judge "learned in the law," who is paid a salary of $50 a month, but is not thereby prohibited from practising in other courts except in cases arising out of the juvenile court. The necessary number of sal- aried probation officers is provided for at the cost of the county, and a commission of seven members, four men and three women, from the membership of the Boy's Club of Mobile, serving without compensation, and known as the Juvenile Court Commission of Mobile County, with authority to appoint the judge and probation officers of the court. The com- mission' also has general supervisory powers over all matters affecting the workings of the court. It is the intention of the act "that all proceedings coming under the provisions thereof shall be upon the theory that said child is the ward of the State, and all provi- sions in this act shall be construed liberally that its beneficial purpose may be carried out, and that any delinquent child shall not be treated as a criminal but as misdirected and in need of assistance."

First General Juvenile Law .- The legisla- ture enacted a law, March 12, 1907, "to define who are delinquent children, and to provide for their arrest, care and reformation," which applied to all the counties except Mobile. The age limit was fixed at 14 years, and jurisdic- tion was conferred on the chancery court, or any court having equity powers and jurisdic- tion, except in cities having police courts, with the power to try misdemeanants against the laws of the State, where such police courts had concurrent jurisdiction with the chancery

courts. In most of its provisions, this law was similar to the present juvenile law. It

required separate dockets and minute books for juvenile cases, and trials at a different time from the hearing of other cases, from which trials everyone except the officers of the court, attorneys engaged in the trial, and the parents or guardian of the child was ex- cluded. Salaried probation officers were also provided for. The same legislature at its extra session passed an act, November 23, 1907, repealing the juvenile court law; and when the code of 1907 was adopted, the repealing act was included as a note to section 6450 which established the courts. The re- pealing act was declared unconstitutional and void by the supreme court in deciding the case of State v. Smith (162 Ala., p. 1); but the general impression that the law establish- ing children's courts had been repealed had resulted in little or nothing being done, out- side of Mobile County, toward their establish- ment. The legislature amended the code by act of August 25, 1909, as to certain details of the juvenile law, but left its main provisions practically as before.

Jefferson County Juvenile Court .- In 1911 the Boy's Club and the Children's Aid Society of Birmingham obtained the passage of an

act, approved April 22, creating the juvenile court of Jefferson County. The act was mod- eled after the "Rochester Court Law," at that time considered by authorities as the standard juvenile court law. It provided for a salaried judge who should devote all of his time to the work of the court, one salaried probation offi- cer, and the maintenance of a receiving home for delinquent, indigent, or neglected children under 16 years of age. Samuel D. Murphy was appointed judge of the court, and has con- tinued to devote himself to the work and to the cause of child welfare, not only in Jef- ferson County, but throughout the State. The Boy's Club and the Children's Aid Society con- tinued their support of the work in the county, and paid the salaries of a larger pro- bation force until the enactment of the pres- ent law in 1915, hy which the powers and juisdiction of the court were extended and the entire expense of its maintenance put upon the county. It now has seven salaried proba- tion officers and a well-equipped receiving home. The work is under the supervision of an advisory board appointed hy the judge.

Genesis of Child Welfare Work in State .- Up to the time the legislature of 1915 con- vened, there was practically no organized child welfare work heing done in the State except in Mobile and Jefferson Counties. At that session two bills, drawn by Judge Murphy of Birmingham, were introduced in the house by Representative A. R. Brindley of Etowah County, which were designed to establish in every county of the State a modern, efficient juvenile and domestic relations court, and a county child welfare board to insure active and effectual community child welfare work. Both the bills became law. One of them is based on the model juvenile court law, drawn by a committee appointed by the Attorney General of the United States to draft a law establishing juvenile courts in the District of Columbia. The other is modeled after the desertion and nonsupport law approved hy the American Bar Association. The passage of these progressive child welfare laws was se- cured by the aid of Gov. Charles Henderson, the Alabama Federation of Women's Clubs, Judge Samuel D. Murphy, and other individ- uals interested in a child welfare program for the entire State.

Proposed Organizations .- Those who were interested in a State-wide child welfare pro- gram and had been instrumental in securing the passage of the above-mentioned general laws, immediately began to plan for the or- ganization of the various counties in accord- ance with their provisions. To this end, the Federal Children's Bureau was induced to send Miss Evelina Belden, one of its trained investigators, to Alahama for the purpose of investigating the conditions of child life in the larger counties, at least; and to aid by suggestions in the planning of a proper pro- gram. The completion of her work was fol- lowed by a child welfare conference, of dele- gates and other interested individuals from different parts of the State, at Montgomery, in May, 1916. Miss Julia Lathrop, chief of the

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Children's Bureau, and Miss Belden were in attendance. It was deemed essential to the success of the work that a State children's aid society should be organized, to have charge of the home-finding and child-placing work for the whole State, and to develop, through juvenile courts and advisory boards estab- lished by law, community child welfare work in every county. An organization committee, with Judge Samuel D. Murphy as chairman, was appointed. The committee met at Mont- gomery, selected Dr. Thomas M. Owen, direc- tor of the State department of archives and history, as president, and took other steps to perfect the organization of the Alabama State Children's Aid Society. Much interest has been aroused in the objects of the society, and Alabama is now well on the way to a position among the more progressive States with respect to the care of the needy classes of children.

REFERENCES .- Code, 1907, secs. 6450-6465; Lo- cal Acts. 1907, pp. 363-369; General Acts, 1907, pp. 442-448; General Acts, 1907, special sess., p. 49; Acts, 1909, special sess., pp. 117-119; Local Acts, 1911, pp. 354-367; Ibid, 1915, pp. 115-119, 268-284; General Acts, 1915, 560-565, 577-589; State v. Smith, 162 Ala., p. 1; Phillips v. State, 167 Ala., p. 75; Mclaughlin and Hart, Cyclo- pedia of American Government (1914); Mobile Central Trades Council, Manual, 1917, pp. 61- 64.

KAHATCHEE MOUNTAINS. A high main mountain and several lower mountains, with cross spurs that branch off and form with the main mountain a broad, broken, fan-shape mountainous country in Talladega County, known locally as the Kahatchee Hills. The main mountain between Sycamore and Chil- dersburg is between 16 and 18 miles long, and in places more than 1,200 feet above sea level. In its top strata are some deposits of limonite and of gray magnetic ore.

REFERENCE .- McCalley, Valley regions of Ala- bama, Pt. 2, Coosa Valley (Geol. Survey of Ala., Special report 9, 1897), pp. 20, 545.

KAILAIDSHI. An Upper Creek town in Elmore County, situated on the right bank of Little Kowaliga, and immediately above its junction with Kowaliga Creek, about 2 12 miles below the junction of Hurricane Creek with Big Kowaliga, and about three miles above the influx of this latter creek with the Tallapoosa River. It is in secs. 5 and 6, R. 21, T. 20. This point is on the plantation of Mrs. Maggie Hatton, widow of S. H. Hatton. It is 15 miles by trail, above Tukabachi. The modern village of Kowaliga is one mile east of the old Indian town site. The towns of Atchinahatchi, and Hatchitachapa were peo- pled from Kailaidshi. The name is variously written as Kialige, Kiliga, Killeegko and Kiolege. According to Gatschet, the word probably has reference to a warrior's head- dress, that is 1ka, "his head," ilaidshas, "I kill." The town was destroyed in the Creek

War of 1813-14 by a party of hostile Creeks. It was doubtless rebuilt, as a Census reference of the early 30's refers to the town. It has considerable local tradition attached to it, from the fact that the rock on which Tecum- seh is reported to have stood when he ad- dressed the Creeks in 1811, in his effort to arouse them against the white settlers, still stands immediately beside the road, 200 yards north of Prospect M. E. church, South, Cemetery. This stone, which projects more than seven feet above the surface, is in Sec. 5, while the mound of the old town is in Sec. 6.

See Atchinahatchi; Hatchitchapa; Kowa- liga.

REFERENCES .- Gatschet, In Alabama History Commission, Report (1901), vol. 1, p. 399; Hand- book of American Indians (1907), vol. 1, p. 642; Hawkins, Sketch of the Creek Country (1848), p. 48; Woodward, Reminiscences (1859), p. 83. Manuscript data in Department Archives and History.

KANCHATI (Talladega). An Upper Creek town, probably in Talladega County. No history preserved other than a mention of 1835. The word is sometimes written Kan- shade. The spelling in the 1835 reference is Conchanti. It may be at or near the site of Conchardee, a few miles southwest of Tal- ladega, the county seat. This town is said to be a branch of Abihka. The word means "red dirt," or "little earth," that is, Ikana, "ground," tchati, "red."

See Abihka; Kanchati (Montgomery).

REFERENCES .- Gatschet, in Alabama History Commission, Report (1901), vol. 1, p. 399; Hand- book of American Indians (1907), vol. 1, p. 651.

KANSAS CITY, MEMPHIS AND BIRMING- HAM RAILROAD COMPANY. A consolida- tion, February 1, 1887, under the general laws of Tennessee, Mississippi, and Alabama, of the Memphis & Birmingham Railroad Co., with the Kansas City, Memphis & Birming- ham Railroad Co. The latter was a consolida- tion on July 26, 1886, under the laws of Ten- nessee and Mississippi, of the Memphis & Southeastern Railroad Co., and the Kansas City, Memphis & Birmingham Railroad Co .; mileage operated June 30, 1915-main track and branches, 290.40, side tracks, 122.29, to- tal, 412.69; mileage operated in Alabama- main track and branches, 132.49, side tracks, 80.97, total, 213.46; capital stock author- ized-common, $6,250,000, no preferred stock, actually issued, $5,976,000; shares, $100; voting power, one vote a share; and funded debt, $6,322,780. The company is controlled by the St. Louis & San Francisco Railroad Co., through ownership of the entire capital stock of the Kansas City, Fort Scott & Memphis Railroad Co., which owns the en- tire capital stock of the Kansas City, Mem- phis & Birmingham Railroad Co. The latter is operated as a part of the "Frisco" system.

This railroad was originally projected as a continuation of the Kansas City, Fort Scott & Memphis system for the purpose of reach-

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ing Birmingham and the mineral district, and its stock and securities were largely held by the owners of the latter. The main line be- tween Memphis, Tenn., and Birmingham was opened in October, 1887, and a branch be- tween Ensley and Bessemer in the following year. The new road was then made an integ- ral part of the system of the Kansas City, Fort Scott & Memphis. On August 23, 1901, the Kansas City, Fort Scott & Memphis Railroad Co. leased its entire property to the St. Louis & San Francisco Railroad Co. for 99 years at a rental equivalent to the interest on the bonds, for which the former is liable, and dividends at the rate of 4 per cent on the preferred stock. It is now operated by and its accounts merged with those of the "Frisco" system.

REFERENCES .- Railroad Commission of Ala., Annual reports, 1889 et seq .; Kansas City, Mem- phis & Birmingham R. R. Co., 3d annual report, 1892; Poor's manual of railroads, 1888 et seq .; Annual report of company to Ala. Public Serv- ice Commission, 1915.

KAOLINS. See Clays, Kaolins and Shales.

KAPPA ALPHA (Southern). College fra- ternity; founded at Washington College (now Washington and Lee University), Lexington, Va., December 21, 1865; entered Alabama in 1882 when Phi chapter was established at Southern Univ., Greensboro. Chapters: Phi, 1882, Southern Univ., 264 members; Nu, Nov. 24, 1883, Ala. Pol. Inst., 286 members, owns its chapter house, erected 1893, at a cost of $2,500; Alpha Beta 1885, Univ. of Ala., 200 members. Phi Chapter disbanded in 1882, but was reorganized in 1883, and withdrawn in 1914. Alumni chapters are maintained in Birmingham and Anniston. Periodical:

"Kappa Alpha Journal." Colors: Crimson and old gold. Flowers: Magnolia and red rose.

REFERENCES .- Baird, Manual (1915), pp. 184- 195; and Kappa Alpha Catalogues, editions of 1891, 1901 and 1915.

KAPPA DELTA. Women's college frater- nity; founded at Virginia State Normal School, Farmville, October 27, 1897; and en- tered Alabama when Zeta chapter was estab- lished at the State University in 1904. Chap- ters: Zeta, 1904, Univ. of Ala., 80 members; Rho Omega Phi chapter at Judson College was formed from a local organization December 3, 1904, maintains a scholarship standard, 134 members; and Kappa, 1913, Woman's College of Alabama, but it was destroyed the next year by antifraternity opposition of the trustees, 9 members. Alumni chapters are maintained at Montgomery, Mobile, Union Springs, Tusca- loosa, Selma and Birmingham. Periodical: "Angelos." Colors: Olive green and white. Flower: White rose. Flag: Pennant of three bars displaying white rose, a dagger, and gold stars.

REFERENCE .- Baird, Manual (1915), pp. 439- 441.

KAPPA PHI. Medical-pharmaceutical col- lege fraternity; founded in the pharmaceutical department of the University of the South, 1909; entered Alabama in 1911, when the Ala- bama Alpha chapter was established in the. medical department of the State University. Its membership is 25. Colors: Scarlet and gold.

REFERENCE .- Baird, Manual (1915), p. 521.

KAPPA PSI. Medical college fraternity; founded at the Russell Military Academy, New Haven, Conn., May 30, 1879; entered Alabama in 1905 when Iota chapter was established at the Univ. of Ala. Medical Department, Mobile. Chapters: Iota, 1905, Univ. of Ala. Med. Col- lege, 147 members; Kappa, 1906, Birming- ham Medical College, 108 members; and Tau, 1909, Univ. of Ala. Pharmaceutical Dept., 8 members. The chapter at the Univ. of Ala. was withdrawn when the pharmaceutical de- partment was removed to Mobile in 1913. Periodical: "The Mask." Colors: Scarlet and gray. Flower: Red carnation.

REFERENCE .- Baird, Manual (1915), pp. 522- 524.

KAPPA SIGMA. College fraternity; founded at the University of Virginia, Char- lottesville, December 10, 1869. Entered Ala- bama in 1869 when Beta, the second chapter to be founded, was installed at the State Uni- versity. Chapters: Beta, 1869, Univ. of Ala., killed in 1870 by antifraternity legislation, revived in 1899, chapter house erected in 1916 at a cost of $12,500, 150 members; Beta Eta, January 20, 1900, Ala. Pol. Inst., 176 members. Alumni chapters are maintained in Birmingham, Mobile and Montgomery. Periodical: "The Caduceus," and "The Star and Crescent." Colors: Scarlet, white and emerald green. Flower: Lily-of-the-valley.

REFERENCES ... Baird, Manual (1915), pp. 196- 207; and Kappa Sigma Catalogues, editions of 1881, 1886, 1906, 1912.

KASIHTA. A Lower Creek town, in the northwest corner of Chattahoochie County, Ga. It is situated on the left or east bank of the Chatahoochee River, 212 miles below the Indian town of Kawita Talahassi. Although actually located in the state of Georgia, its influence on the Creek Indian Nation, lying so largely in Alabama, justifies a full sketch. The Kasihtas once claimed a much more ex- tensive territory than that immediately trib- utary to their town. From time to time branch villages were thrown off, and its in- fluence was large, not only because of its position as Kasihta lako, "the great one," but because of so many Indians and villages traced to it as the mother town. It was the leading white or peace town among the Lower Creeks.

The town appears as Kachetas on De Cren- ay's map, 1733. The French census of 1760, in which the name is given in the same form, gives the town 150 warriors, and places it 32 leagues distant from Fort Toulouse. Under the English trade regulations of 1761, the

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town with its 100 hunters was assigned to the trader, John Rae.

Hawkins presents a more elaborate account of the town than is ordinarily given in hls Sketch. The locality is carefully described. Continuing he says:

"The people of Cussetuh associate, more than any other Indians, with their white neighbors, and without obtaining any ad- vantage from it; they know not the season for planting, or if they do, they never avail themselves of what they know, as they always plant a month too late.

"This town with its villages is the largest In the Lower Creeks; the people are and have been friendly to white people, and are fond of visiting them; the old chiefs are very orderly men and much occupied in governing their young men, who are rude and disorderly, in proportion to the intercourse they have had with white people; they fre- quently complain of the intercourse of their young people with the white people on the frontiers; as being very prejudicial to their morals; that they are more rude, more in- clined to be tricky, and more difficult to gov- ern, than those who do not associate with them."

Branch settlements from this town spread out on the Alabama side of the river. In 1799 its warriors were estimated at 180. In 1832 it had 620 families, and 10 chiefs. In this town there was a fine mound, known in later times as the Kyle Mound, but it has long since heen destroyed. It is thus described by Hawkins: "At the entrance of the fields on the right, there is an oblong mound of earth; one quarter of a mile lower, there is a conic mound forty-five yards in diameter at the base, twenty-five feet high, and flat on the top, with mulberry trees on the north side and evergreens on the south. From the top of this mound, they have a fine view of the river above the flat land on both sides of the river, and all the field of one thousand acres; the river makes a short bend round to the right, opposite this mound, and there is a good ford, just below the point."

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History of Alabama and dictionary of Alabama biography, Volume II, Part 20

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