USA > Alabama > History of Alabama and dictionary of Alabama biography, Volume II > Part 28
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1907 (Spec.)-T. D. Power; R. C. Smith. 1909 (Spec.)-Warren Williams; R. C. Smith. 1911-E. C. Jackson; L. R. Wheeless.
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HISTORY OF ALABAMA
1915-W. T. Andrews; Dr. C. T. Yar- brough.
1919-J. A. Albright; W. T. Andrews.
REFERENCES .- Toulmin, Digest (1823), index; Acts of Ala., Brewer, Alabama, p. 315; Berney, Handbook (1892), p. 306; Riley, Alabama as it is (1893), p. 110; Northern Alabama (1888), p. 143; Alabama, 1909 (Ala. Dept. of Ag. and Ind., Bulletin 27), p. 150; U. S. Soil Survey (1907), with map; Alobama Landbook (1916), p. 98; Ala. Official and Statistical Register (1903-1915), 5 vols., Ala. Anthropological So- ciety, Handbook (1910) ; Geol. Survey of Ala., Agricultural Features of the State (1883); The Valley Regions of Alabama, parts 1 and 2 (1896, 1897), and Underground Water Resources of Alabama (1907).
LEE, ROBERT E., BIRTHDAY. See Spe- cial Days.
LEETH MOUNTAIN. A small mountain, or hill, on the southeast side of an unsym- metrical, anticlinal valley dividing it from Little Mountain (q. v.), in Etowah County. A seam of red iron ore 8 to 10 inches thick crops out near the top of the mountain and has been quite extensively worked. Leeth Mountain proper begins in the SW. 14, NE. 14 sec. 2, T. 11, R. 7 E., and runs to the south- west for about 1 mile.
REFERENCES .- McCalley, Valley regions of Alabama, pt. 2, Coosa Valley (Geol. Survey of Ala., Special report 9, 1897), p. 232.
LEGISLATURE. The legislative depart- ment of the State government, in which is vested all legislative power of the State. It consists of a senate and a house of repre- sentatives; and it meets quadrennially at the State capitol in the senate chamber, and in the hall of the house, on the second Tues- day in January next succeeding the election. However, it may meet on "such other day as may be prescribed by law." It can not sit longer than fifty days. In the event it should for any cause become impossible or dangerous for it to meet or remain at the capitol for its sessions, the governor may convene the body, or remove it after it has convened, to some other place, or may desig- nate some other place for the sittings of the respective houses, or either of them, as neces- sity may require.
The pay of members of the legislature is four dollars per day, and ten cents per mile in going to and returning from the seat of government, to be computed by the nearest usual route traveled.
The fifty days have been construed to "mean fifty legislative working days, exclu- sive of the Sundays, and other days upon which the senate and house concur in refus- ing to sit by joint resolutions of adjourn- ment .- Moog vs. Randolph, 77 Alabama, 597; Sayre vs. Pollard, 77 Alabama, 608; ex parte Cowart, 92 Alabama, 94.
It has likewise been held that the members of the legislature are entitled to draw their per diem on Sundays, holidays, and other days while the two houses are in recess .-
Ex parte Mathews, 52 Alabama, 51; ex parte Pickett, 24 Alabama, 91.
Members of the legislature, expelled for corruption, are not thereafter eligible to either house, and punishment for contempt or disorderly behavior is not a bar to an in- dictment for the same offense. Members, in all cases except treason, felony, violation of their oath of office, and breach of the peace, are privileged from arrest during their at- tendance on the sessions of their respective houses, and in going to and returning there- from. For any speech or debate in either house, they are not to be questioned in any other place .- Constitution, 1901, Sec. 56.
"No senator or representative shall, during the term for which he shall have been elect- ed, be appointed to any office of profit in this state, which shall have been created, or the emolument of which shall have been in- creased during such term, except such offices as may be filled by election by the people." -Sec. 59.
"No person convicted of embezzlement of public money, bribery, perjury, or other in- famous crime shall be eligible to the legisla- ture or capable of holding any office of trust or profit in this state."-Sec. 60.
When the legislature is called in special session there can be no legislation upon sub- jects other than those designated in the proc- lamation of the governor calling such ses- sion, except by vote of two-thirds of each house. Special sessions are limited to thirty days.
The president of the senate and the speaker of the house receive six dollars for each day's attendance; members receive four dollars for each day's attendance. The Code indicates the number of miles for which members are allowed pay in going to and returning from the seat of government and their respective counties. The amount paid for mileage is ten cents per mile each way. In the event a member, in consequence of sickness, is de- tained after leaving home and going to the seat of government, or is unable to attend the house or senate after he arrives there, he is entitled to the same pay as an attending member.
Members of the legislature who may be required by joint resolution or resolution of either house to serve on the committee dur- ing any recess of the legislature, and all clerks whom the committee is authorized by law to employ, receive four dollars per day while engaged on the work assigned the committee. The members receive the same mileage as they receive for attending the legislature .- Code 1907.
When the interval between a regular and a called session, or between a called and reg- ular session is not more than four days, no mileage is allowed.
The compensation due to officers and mem- bers is certified to the auditor by the presi- dent and speaker respectively, who on such certificate, issues his warrant therefor on the state treasurer.
House .- The subordinate officers of the house of representatives are a clerk, an as-
WILLIAM LOWNDES YANCEY Lawyer, editor, orator, leader of Secession movement, and Confederate Commissioner to Europe
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HISTORY OF ALABAMA
Per day
sistant clerk, an engrossing clerk, an enroll- ing clerk, a doorkeeper, and an assistant doorkeeper, all to be elected by the house of representatives at the beginning of the ses- sion of the legislature, or at such other time as may be necessary. They hold their offices until the close of the session, with the ex- ception of the clerk and doorkeeper, who hold their offices until their successors are qual- ified. Any one of the foregoing officers may be removed for cause. The assistant clerk, engrossing clerk, and enrolling clerk, and their assistants, are under the control and direction of the clerk of the house.
The clerk receives six dollars per day, to- gether with mileage for attendance upon the organization of the next session of the legis- lature. The assistant clerk receives six dol- lars a day. The engrossing clerk of the house and the enrolling clerk of the house receive five dollars a day. The doorkeeper and the assistant doorkeeper receive four and a half dollars each a day. The door- keeper is charged with the duties of a ser- geant at arms, and is required to keep order in the lobby and galleries .- Code 920-921- 922.
The subordinate employees of the house consist of a reading clerk, six pages, three messengers, and committee clerks not to ex- ceed ten in number, and clerical assistants to the clerk of the house not to exceed eleven in number at any one time, and cler- ical assistants to the enrolling clerk of the house not to exceed fifteen in number at any one time, and clerical assistants to the en- grossing clerk of the house not to exceed nine in number at any one time, two servants and one doorkeeper of the gallery. The door- keeper of the gallery, reading clerk, pages and messengers of the house are appointed by the speaker. The servants of the house are selected by the doorkeeper of the house with the approval of the speaker. The cler- ical assistants to the clerk of the house and to the engrossing and enrolling clerks shall be selected by them respectively, with the approval of the speaker. Committee clerks are selected according with the rules or res- olutions adopted by the house at the begin- ning of each session.
, All employees hold office at the pleasure of the house, and their employment does not extend beyond the session of the legislature.
Following is the compensation of the sub- ordinate employees of the legislature:
Per day
Comparing clerk of the senate. $4.00
Senate and house committee clerks. 4.00
Assistants to secretary of senate. 4.00 Assistants to clerk of the house 4.00
Senate engrossing clerk. 4.00
Senate enrolling clerk. 4.00
House engrossing clerk 4.00
House enrolling clerk. 4.00
(The six last named receive pay for the time they are actually employed only.)
Pages and messengers for each house .. $2.00 Senate gallery doorkeeper. 3.50
House gallery doorkeeper. 3.50
Senate and house servants 2.50 House reading clerk .. 6.00
It is made the duty of the legislature to examine, through a joint committee of six members, the offices of the state auditor and state treasurer.
In the execution of its task, the committee is to examine the accounts and vouchers of such offices as to all monies received into and paid out of the state treasury during the four preceding fiscal years, comparing the war- rants drawn with the several laws by author- ity of which they purport to be drawn, to examine into the accounts and books of such offices and to count the money on hand at the time of the examination.
The committee submits a written report to the respective houses, setting forth the amount of money received into and paid out of the treasury during the four preceding fiscal years on warrants drawn on the auditor, specifying the warrants drawn in their opin- ion without authority, and their reasons therefor, the time when the treasurer in office entered upon his duties, the amount of money received by him up to the time of the examination, the balance in the treasury on the first day of November preceding, and at the time of such examination, and the con- dition of such offices and the correctness of all books and accounts required to be kept therein .- Code 906-908.
Special Session .- Under the several con- stitutions, provision is made for convening the legislature in extraordinary session. Un- til the adoption of the constitution of 1901, this could only be accomplished on the call of the governor, who was required to specify the reasons for the call in his proclamation.
The constitution of 1819 provided that the governor "may, by proclamation, on extraor- dinary occasions, convene the general assem- bly at the seat of government, or at a differ- ent place, if that shall have become, since last adjournment, dangerous from an enemy or from contagious disorders; in case of dis- agreement between the two houses, with re- . spect to the time of adjournment, he may ad- journ them to such time as he shall think proper, not beyond the day of the next (an- nual) meeting of the general assembly." This has been continued with slight verbal change, and now stands as section 122 of the consti- tution of 1901, with this significant addition, "and he shall state specifically in such procla- mation each matter concerning which the ac- tion of that body is deemed necessary." When convened, "there shall be no legisla- tion upon subjects other than those desig- nated in the proclamation of the governor calling such session, except by a vote of two- Special sessions are thirds of each house." limited to 30 days.
In the history of the State there has never been such a disagreement between the two houses, with respect to the time of adjourn- ment, as to require executive intervention.
During the existence of the State from
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HISTORY OF ALABAMA
1819 to 1916, the legislature has been con- vened in called, special, or extraordinary ses- sion on twelve occasions.
The first of these held June 4 to 18, 1821, was necessitated by the failure of the pre- ceding session to make the apportionment of senators and representatives in accordance with the numeration previously made in 1820, under Section 9 of Article 3 of the Constitution of 1819.
The 2nd session convened just preceding the regular session in 1832, and was in ses- sion from November 5 to 15. The legislators were called together in order to amend the law providing for the election of presidential electors. The original act of December 26, 1823, continued in force by act of December 27, 1827, provided that every ticket should not contain more than five names, and that if there should be any such, the first five names on these tickets should be considered the only . persons voted for. It was believed by many of the leaders that unless this act were re- pealed Alabama would be denied her full complement of votes at the approaching pres- idential election. The legislature promptly amended the act in question and at the same time proceeded with other important public business, including the passage of an act to establish a branch of the State Bank in the Tennessee Valley.
The 3rd called session, June 12-30, 1837, was made necessary because of the financial crisis through which the State was then pass- ing. The message of Gov. C. C. Clay, June 13, 1837, contains a thorough review of con- ditions. The State Bank had suspended spe- cie payments and all business was in a greatly disordered condition. An act was passed to extend the indebtedness of all individuals to the bank, and to legalize the suspension of specie payments. In other ways, and as far as legislative action could make it possible, steps were taken to relieve the depression, and to stimulate the public spirit. The ac- tion of the special session served to restore confidence in a limited degree, but it failed to permanently meet the difficulties which were fundamental. In the message of the governor above referred to, among other things, he stated that:
"The universal object appeared to be to de- vise a means of alleviating pecuniary distress without impeding the regular operations of the laws, or of the judicial tribunals." Con- tinuing he says, "I trust it will ever be the proud boast of Alabama, that whatever dan- gers may threaten, or evils overtake us, her honor and integrity shall forever remain un- tarnished."
The president of the United States by proc- lamation of March 17, 1841, convened Con- gress in extraordinary session. Because of the expiration of the terms of the members or several representatives in Congress from Alabama on the 4th of March of that year, and since an election did not under the laws then in force take place until the first Mon- day in August, long after the extraordinary session had convened, it was necessary to
make a change in the laws on the subject. The governor, therefore, convened the legis- lature in April, and it remained in session from to An act was passed, dated April 27, 1841, providing for a special election for electing members to the 27th Congress, to be held in May, 1841. In the same act, it was provided that at the general election to be held in August, 1841, "the managers at election precincts in the State shall inquire of each voter, as he hands in his ticket, whether he is for or against the general ticket system, in the election of mem- bers of Congress from this State; and that he endorse or cause to be endorsed on the back of each ticket, for the 'general ticket,' or 'district system,' as the voter may answer; and that return thereof be made at the time and in the manner herein provided."
The 5th, 6th, 7th, 8th and 9th called ses- sions were all held during 1861, 1862, 1863 and 1864. Two were held in 1861, the 5th from January 14 to February 9, and the 6th from October 28 to November 11, 1861. Others were held as follows: 7th, October 27-November 10, 1862; 8th, August 17-29, 1863; and 9th, September 25, 1864. The business of these sessions was substantially the same as that transacted in the regular sessions. With the exception of the one held in January-February, 1861, they immediately preceded, if they did not actually run into the regular sessions, held in the fall of each year.
House of Representatives .- The house of representatives is the popular branch of the legislature. From 1819 to the adoption of the second amendment to the constitution in 1846, members were elected every year in August. Sec. 4 of Article 3 provided that:
"No person shall be a representative, un- less he be a white man, a citizen of the United States, and shall have been an inhab- itant of this state two years next preceding his election, and the last year thereof a resi- dent of the county, city, or town, for which he shall be chosen, and shall have attained the age of twenty-one years."
Sec. 9 of Article 3 of the constitution provided that at its first meeting in 1819, and in the years 1820, 1823, 1826, and every six years thereafter, an enumeration of the inhabitants of the State should be made, and the whole number of representatives should after the first session held after making such enumeration, be fixed by the general assem- bly and apportioned among the several coun- ties, cities, or towns entitled to separate rep- resentation "according to their respective numbers of white Inhabitants," and the ap- portionment when made, should "not he sub- ject to alteration, until after the next census should be taken."
The same section provided that the house of representatives should consist of not less than forty-four, nor more than sixty mem- bers, "until the number of white inhabitants shall be one hundred thousand; and after that event, the whole number of representa- tives shall never be less than sixty, nor more
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HISTORY OF ALABAMA
than one hundred," with a proviso that every county should be entitled to at least one rep- resentative.
After assembling, the house of representa- tives chooses its speaker and its other officers, and "each house shall judge of the qualifica- tions, elections, and returns, of its own mem- bers; but a contested election shall be deter- mined in such manner as shall be directed by law." A majority of each house consti- tutes a quorum. Each house determines the rules of its own proceedings.
Sec. 16 of Article 3 expressly provided that each house should have "all other powers necessary for a branch of the legislature of a free and independent state."
The two sessions of the territorial legisla- ture were held in St. Stephens. Under the act of March 3, 1817, creating the territory, the governor was required "immediately after entering into office," to convene at the town of St. Stephens, designated as the seat of government for the territory until other- wise provided, "such members of the legis- lative council and house of representatives, of the Mississippi Territory, as may then be the representatives from the several coun- ties within the limits of the territory to be established by this act." The legislature when convened was given the same powers as that possessed by the Mississippi Territory.
In conformity with the requirements of the act, Gov. Bibb convened the legislature. The members met at St. Stephens on January 19, 1818. The only member of the legisla- tive council of the Mississippi Territory left in the Alabama section was James Titus, of Madison County. On organization, Mr. Titus went through all the formality of selecting himself as president, electing a secretary, . a doorkeeper, and otherwise performing all of the functions of a legislative body. Gabriel Moore of Madison County was chosen speaker of the house of representatives, which con- tained thirteen members, representing the Counties of Washington,, Madison, Baldwin, Clarke, Mobile, Monroe, and Montgomery. Much business was transacted at this session. Thomas Estin was elected territorial printer. Under the enabling act, the legislature was required to select six persons and certify them to the President, from which he should select three members of the next legislative council. The six names were George Phillips, Joseph Howard, Mathew Wilson, Joseph P. Kennedy, John Gayle, and Reuben Saffold. Messrs. Phillips, Gayle, and Saffold were subsequently appointed.
One of the most pressing subjects demand- ing attention was the formation of new coun- ties. The Counties of Cotaco (now Morgan), Franklin, Blount, Cahaba (now Bibb), Dal- las, Conecuh, Lawrence, Limestone, Marengo, Marion, Shelby, and Tuscaloosa were organ- ized. Several changes were made in the boundaries of Baldwin, Madison, Mobile, and Washington.
The second session of the same legislature convened at St. Stephens on November 2, and continued through November 21, 1818.
The population of the territory increased so rapidly that Congress, March 2, 1819, passed an enabling act for the admission of the State into the Federal Union. Provision was made for a constitutional convention to be held in Huntsville, in July, 1819. That body assembled, adopted a constitution, and certified it to Congress. In anticipation of favorable action by Congress, and in accord- ance with the requirements of the conven- tion, an election was held throughout the State on the third Monday and the day fol- lowing in September, 1819, for the election of governor, a representative in Congress, members of the legislature, clerks of courts, and sheriffs of the counties. The convention also adopted a basis of representation, giving to each one of the twenty-two counties one senator, and apportioning the representatives in accordance with the population.
In accordance with section 29 of article 3 of the constitution, the first legislature of the State, then designated as the "general assembly," convened on the fourth Monday in October, the 25th of that month, and in the town of Huntsville, which was known as the temporary seat of the State government. Thomas Bibb was elected president of the first session of the State senate, and James Dellet, of Monroe County, speaker of the house of representatives.
The next session was held in Cahaba, No- vember 6 to December 21, 1820. Under sec- tion 9, article 3 of the constitution, the legis- lature was required at its first meeting, and also in 1820, 1823, and 1826, and every six years thereafter, to cause an enumeration to be made of all the inhabitants of the State. The section further provided that the whole number of representatives should at the first session held after making every such enu- meration, be fixed by the legislature and ap- portioned among the several counties, cities, or towns entitled to representation according to their representative number of white in- habitants, and that such apportionment when made, should not be subject to alteration until after the next census. It was further provided that the house of representatives should consist of not less than 44 nor more than 60 members until the number of white inhabitants should be 100,000, and that after that event, the whole number of representa- tives should never be less than 60 nor more than 100, with the proviso that every county should be entitled to at least one representa- tive.
By section 10, it was provided that at the first session after making every such enu- meration, the legislature should fix by law the whole number of senators, and should divide the State into the same number of districts, as nearly equal as to. white inhabitants as pos- sible, each of which districts was to be en- titled to one senator and no more, with the proviso that the whole number of senators should never be less than one-fourth nor more than one-third of the whole number of representatives. .
By section 11, when a senatorial district
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HISTORY OF ALABAMA
was composed of two or more counties, the counties of which such district consisted should not be entirely separated by any coun- ty belonging to another district, and no county should be divided in forming a dis- trict.
Under section 13, to be considered in con- nection with the provisions of sections 9 and 10 above noted, the senators chosen accord- ing to the apportionment under the census of 1826 were required to be divided by lot into three classes; the seats of senators of the first class to he vacated at the end of the first year, those of the second at the expira- tion of the second year, and those of the third at the expiration of the third year, in order that one-third might be annually chosen "and a rotation thereby kept up perpet- ually."
Under section 8 of the Schedule, the sev- eral counties were assigned the number of representatives to which they would be en- titled until after the first enumeration should be made, and an apportionment prepared thereunder.
The reasons prompting the provision as to the several reapportionments provided under censuses to be taken in 1820, 1821, 1823, and 1826, were due to the constant additions be- ing made to the population of the State, the opening up of new sections to settlement, the creation of new counties, and the aleration of county boundaries. With wise foresight, the constitution makers adopted an elastic provision in order to take care of the con- tingencies just referred to, and to prevent inequality in representation in the legislative hody after the population of the State had become more or less stable.
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