History of Alabama and dictionary of Alabama biography, Volume II, Part 81

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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Presidents .- Walter L. Bragg, 1881-1885; Henry R. Shorter, 1885-1896; James Crook, 1897-1901; John Smith, 1901-1904; Braxton B. Comer, 1904-1907; Charles Hen- derson, 1907-1915; P. Kennedy, Samuel 1915 -.

Associates .- Charles P. Ball, 1881-1885; James Crook, 1881-1885; Levi W. Lawler, 1885-1892; Wiley C. Tunstall, 1885-1895; James T. Holtzclaw, 1892-1893; Willis G. Clark, 1893-1895; Harvey E. Jones, 1895- 1899; Ross C. Smith, 1895-1899; Osceola Kyle, 1899-1900; Andrew E. Caffee, 1899- 1903; Wiley C. Tunstall, 1900-1907; William T. Sanders, 1903-1907; William D. Nesbitt, 1907-1911; John G. Harris, 1907-1908; John A. Lusk, 1908-1911; Leon McCord, 1911- 1915; Frank N. Julian, 1911-1915; Samuel P. Gaillard, 1915 -; Blucher H. Cooper, 1915 -.

Clerks .- A. Martin Baldwin, 1881-1883; James K. Jackson, 1883-1886; Charles P. Jackson, 1886-1899; Virgil C. Griffin, 1899- 1907; Samuel P. Kennedy, 1907-1915; Atti- cus H. Mullin, 1915 -.

REFERENCES .- Code, 1886, secs. 1120-1143; 1896, secs. 3481-3594; 1907, secs. 5632-5725; Acts 1880-81, pp. 84-95; 1882-83, pp. 151, 153, 175, 177, 178; 1886-87, pp. 48, 71, 72, 74-78; Gen- eral Acts, 1903, pp. 95-108, 354-356; Ibid 1907, pp. 117-129, 135-166, 205, 224-235, 711-715, 716, 779; Ibid special sess., 1907, pp. 5-16, 28, 29-42, 49-56, 57-63, 66, 77-79, 87-89, 91-159; Acts, 1909, pp. 35, 96-100; General Acts, 1915, pp. 205, 268- 270, 314, 567, 865-867; Gov. Wm. D. Jelks, "Mes- sage," Feb. 12, 1903, in Senate Journal, 1903, p. 351; Gov. B. B. Comer, "Message," Jan. 15, 1907; Ibid, 1907, pp. 99-109, and Nov. 7, 1907,

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Ibid, special sess., pp. 11-24; Publications

supra.

PURCHASE, STATE BOARD OF. An ex- officio board authorized under act of Septem- ber 10, 1915, charged with the duty of hold- ing quarterly or special meetings, for the purpose of considering requisitions for blank books, stationery, and office supplies and ma- terials for use in aud by the several State of- fices, departments, commissions, bureaus and boards other than the convict department, and for the use of the supreme court, the court of appeals, and supreme court library, and to determine the use of such articles so requisi- tioned. The board consists of the governor, State auditor and State treasurer ex officio. The governor is chairman. Meetings are held on the first Monday in February, May, August, and November of each year. Called meetings may be held on the unanimous written consent of the members. A full report of the proceed- ings of meetings is kept, and all of the books and other papers of the board are open to public inspection at any time.

The executive officer of the board, and the "secretary and custodian of its records," is denominated purchasing agent, and the sec- retary to the governor is required to perform the duties of the position, ex officio. For this service he receives the sum of $600 in addi- tion to his salary as secretary.

All articles are furnished by the State con- tractor for stationery and office supplies. They are then delivered through the purchasing agent, to the several offices and an itemized receipt taken therefor. Before payment by the State auditor, invoices are to be approved by the heads of offices and departments, and also by the purchasing agent.

Inventories and Records .- The act requires the purchasing agent to keep on file in his office an inventory of all office furniture, fix- tures, or supplies of any nature in the of- fices, departments, commissions, bureaus, and boards, or in the rooms or apartments of the supreme court, the court of appeals, the State and supreme court library, and of the judges and officers thereof in the State capitol. This inventory is to be made and filed on or before the first day of January of each year, and at the time filed, and annually thereafter, it is made the duty of the purchasing agent to "go to each office in the capitol, and check over all articles of every kind and supplies in each office above specified, and compare such inventory with the one filed the preced- ing year, and require a strict ac- counting of each department head of any discrepancies between such inventories."

In the event any officer desires to sell the furniture, fixtures, or other articles not needed in his office, such articles may be sold on the order of the board of purchase, at pub- lic outcry for cash at the State capitol, after giving 10 days notice of the time and place for the sale by 2 insertions in the newspapers published in Montgomery.

Printing and Binding .- Section 8 of the act provides that the printing or binding of the supplies, or publications, desired by the

heads of offices or departments or by any others specified in the act, shall be done and procured by the State board of purchase as in the case of application for the purchase of supplies. This section was held violative of the constitution, inasmuch as no provision was made for such printing in the title of the act. At the same time, the attorney general held that since the act had not provided for maximum prices on the articles called for by the bids authorized, the provisions thereof providing for bids were inoperative, and that section 578 of the code, providing for the let- ting of biennial contracts for the purchase of stationery, printing, paper and fuel contin- ued in force, and that all articles authorized to be purchased under the act, should be se- cured from the contractor selected under the section of the code referred to.

In the development of the law, therefore, the State purchasing agent, under the opin- ion of the attorney general, is practically con- fined, in all purchases, to the words specified in the title of the act, namely, "blank books, stationery, and office supplies and materials," or such other articles as are authorized to be purchased and paid for out of the appropria- tion of $20,000, made by subdivision 7 of section 4 of the general appropriation bill of September 28, 1915.

No publications.

See Governor; Secretary to the Governor. REFERENCES .- General Acts, 1915, pp. 370-374, 937.

PYRITE. See Copper Ore and Pyrite.

PYTHIAN SISTERS. See Knights of Pythias.

QUAKERS. See Friends, Society of the.

QUARANTINE BOARD OF MOBILE BAY. An ex officio board of seven members, serving without pay, established by act of February 16, 1891, and abolished August 2, 1907. It was composed of the president of the Board of Revenue and Road Commissioners of Mo- bile County; the mayor, the health officer, the president of the Chamber of Commerce, and the president of the Medical Association of Mobile; the probate judge and the county health officer of Mobile; the probate judge and the county health officer of Baldwin County. The officers of the board were a president, a secretary and a health officer. The first two were required to be, and the others might be, members of the board. The members from Baldwin County were allowed their actual expenses, on their sworn state- ments thereof, incurred in attendance on meetings of the board, which were held in Mobile; and for the purpose of inspecting the quarantine plant in Mobile Bay, the board might hire at the State's expense a tug or other suitable boat. A scale of fees for in- spection of vessels, graduated according to their type and size, was provided by law, and all funds so collected were deposited in the

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treasury of Mobile County to the credit of the "quarantine fund." From this fund, the salaries of employees, fixed by the board, and other expenses incident to its work, were paid. The board was authorized to have a modern and well equipped quarantine station, or plant, built on a site to be selected by it, and for this purpose it was given the right of eminent domain. It was authorized to ap- point an officer to have charge of the plant, and clothed with the powers requisite to the exercise of an effective control of communi- cable disease on all vessels entering the ports of the State. Its powers and duties, in short, were intended to be virtually the same as those exercised by the United States Quar- antine Officers at ports of entry .- Code, 1896, Secs. 2409-2422.

By 1896 the quarantine plant was in need of repairs. An appropriation of ten thousand dollars for the purpose was made by the leg- islature, but this bill failed to reach the Governor for his signature. Before the con- vening of the next legislature the plant was damaged by fire. An act appropriating ten thousand dollars, to repair and enlarge it became effective on February 21, 1899. The second section of the preamble recited: "Whereas, the foreign commerce of the State through the port of Mobile is growing and there is promise of great increase with Cuba and Porto Rico and other countries south of us, and ultimately through the Nicaraguan or other canals, with the Pacific, and in- creased facilities for quarantine on Mobile Bay are urgently needed and are for the benefit and protection of the whole State of Alabama."-General Acts of Alabama, 1898- 99, pp. 72-73.

The next legislature appropriated twenty thousand dollars, "for the repair, improve- ment and better equipment of the quaran- tine plant of lower Mobile Bay," to be expended under the direction of the Quaran- tine Board, which was authorized, at its dis- cretion to buy and equip a ship or other vessel suitable for the accommodation of de- tained members of the crews of infected or suspected vessels .- Ibid, 1909-10, pp. 144- 145.

On February 13, 1907, the Quarantine Board was authorized by law to convey to the United States Government, at a price to be agreed upon with the Secretary of the Treasury, the site, plant, equipment, physi- cian's residence and furnishings, and other property of the Mobile Bay quarantine sta- tion, including the disinfecting barge "Chip- man," the detention barge "Undal," and the steam launch "Mecca," with their equipment. Section 2 of the act ceded jurisdiction over the site to the United States .- Ibid, 1907, pp. 107-108.

An act of the same legislature, approved August 2nd, dissolved the quarantine board, providing that in liquidating its affairs, it should pay to the city of Mobile one-half of any cash surplus, and the other half to Mobile County .- Ibid, pp. 527-528.

REFERENCES .- Code, 1896, secs. 2409-2422; Acts of Alabama cited above; Official and Sta-

tistical Register, 1903, p. 22; Message of Gov- orner Thomas G. Jones, Senate Journal, 1890- 91, p. 600; Ibid, 1892-93, pp. 38-42.

QUARANTINE LAWS AND REGULA- TIONS. Quarantine is the enforced exclu- sion from the State, its counties, or munici- palities, either from all or a part, by the proper authorities thereof, of individuals and objects coming or brought, whether by land or water, from a country or place where dan- gerous communicable disease is presumably or actually present, and the enforced isola- tion of individuals and objects which have entered from such areas, in order that by such exclusion or isolation the introduction or the spread of the malady may be avoided or limited. It is not to be confused with isolation or detention authorized for protec- tion against the spread of local infections or contagious diseases.

In Alabama quarantine is enforced by the State, county and municipal authorities, in accordance with statutory provisions.

Under act of February 28, 1899, the gov- ernor whenever he deems it necessary, or is so advised by the State board of health, is required to proclaim quarantine, and when proclaimed, the board of health must enforce it. The State health officer or any member of the board of health designated by him, is given authority to go into any place in the State for the purpose of making such investigations as shall determine the neces- sity for action; and quarantine may be es- tablished pending such investigation. Dur- ing the existence of quarantine, State or local, the supervision of all trains, steamboats and water craft, is placed under the State board of health. Trains are permitted to pass through quarantined places, if the crews and passengers thereon so desire, and with open windows; and they are allowed to stop for fuel, water and provisions, at stations as remote as practicable from the thickly popu- lated places. Any person making affidavit before a quarantine officer to the effect that he has been in none of the prohibited places, or who has since complied with the require- ments as to detention and disinfection, one or both, is permitted to enter or remain in the place to which he desires to go. Quar- antine officers and guards are allowed on all trains and steamboats, and are allowed free transportation thereon, when in the discharge of their duties.

County and municipal quarantine are en- forced by the county boards of health. The probate judge, or in case of an incorporated city, the mayor or chief officer, proclaims the quarantine, on recommendation of the board of health of the county, but in case of emer- gency, it may be put in force by such officers without recommendation, subject to approval, modification or withdrawal by the board. The expenses of enforcing a quarantine for a county or city are defrayed by the local authorities.

Penalties are provided for failure of phy- sician' to report contagious diseases; for fail- ure of probate judge to act upon being noti-

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fied by governor; for violation of quarantine regulations of ships and vessels; for violation of health and quarantine laws; for refusal of information to health officer; for breach of or removal of vessel from quarantine; for interfering with State quarantine officer; for refusal of conductor to allow quarantine offi- cer to ride on train free of charge; for failure of health officer to report quarantine to State health officer; for transportation in violation of provisions of quarantine laws of this State; for intimidation of individuals by quarantine officers; for resisting arrest by quarantine of- ficer; and for false swearing as to quaran- tine laws. Fines of from five to five hundred dollars are imposed. The officer is given authority to arrest without warrant. An an- nual appropriation of $20,000 or so much thereof as is necessary, is made to carry out the provisions of the law, and the State board of health is required to make a public report by items of all expenditures incurred.

Quarantine regulation dates from 1807. In that year the legislature of Mississippi Territory passed an act "to prevent the im- portation and spreading of the small-pox, and other contagious diseases." The governor was authorized, "on knowing from his own observation, or by information being given to him by any physician, that the plague, yellow fever, small-pox, or other contagious disorder, has been introduced into a neigh- boring country, or found admittance within this territory; or on board any boat or vessel, at or near the shores of the same; to take such measures to prevent a communication of the infection, and for the aid and com- fort of the sick when within the said terri- tory, as he shall deem meet. And all ex- penses incurred in the prosecution of this humane intention" shall be paid out of the territorial treasury, etc. This act continued the sole body of legal regulations on the subject to 1852, with the exception of a brief act of January 21, 1843, in which the gov- ernor was authorized to take action in such cases where he had "satisfactory informa- tion," just as if "afforded by a physician."

A new system was introduced by the Code of 1852, in which the governor was relieved of all authority, and the enforcement of quar- antine regulations was placed in the hands of town authorities and town health officers. Corporate authorities were authorized to es- tablish quarantine grounds, and to prescribe the quarantine to be observed by all vessels arriving within the harbor or vicinity, both with reference to persons and goods. Per- sons coming into towns from places infected with contagious diseases were also subject to quarantine. The statute provided that the expense incurred in connection with such de- tention should be paid by the person or the vessel detained. The supreme court of Ala-

bama, Town of Greensboro v. Ehrenreich, 80 Alabama, p. 579, declared that the policy of these statutory provisions would be the regu- lation of trade and travel by temporary re- straint, not extending beyond the occasion and scope of the necessity, that is, they were self-defensive, which is the limitation on the

police power of the State imposed by the Federal Constitution.

The inefficiency of the law of 1852 had long been appreciated. With the increase of population, travel and shipping, it was realized that the opportunity for the intro- duction and spread of disease was continual- ly increased. The State board of health in May, 1879, adopted a series of rules designed to prevent the introduction and spread of yellow fever. Careful and minute regula- tions were prescribed. It was recognized, however, that these regulations could with difficulty be enforced, and at the meeting of the Medical Association of the State, held at Huntsville, April 13, 1880, the State board of health reported that the time had come when the public interest required "the enact- ment of a State quarantine law," in which "the general administration of all quarantine within the State," should be under the con- trol of the State board of health, and pro- vided for quarantines to prevent the invasion of the State by migrating pestilences, es- pecially by yellow fever, to be administered in whole or in part at the expense of the State. Appeal was made to the legislature, but it was not until February 28, 1887, that a sweeping law was enacted, clothing the governor with the power to establish state- wide quarantine on recommendation of the State board of health, but the existing powers of county and municipal authorities were not disturbed. Five thousand dollars was appro- priated to take care of possible expenses aris- ing under the act.

Questions connected with a national quar- antine had arisen, and in 1880, a memorial to Congress was presented by the State board of health, in which it declared itself against any surrender of State control in the matter of establishing and maintaining quarantine. The principal objection to a proposed na- tional system was that it would give to the national board the power to establish and administer quarantines within the limits of the State against all commerce and travel, of which one of the terminal points lies out- side the State, and this without the consent of the local authorities, and even without con- sultation with them.

While adhering to the theory of independ- ent action, the State board of health never- theless appreciated the importance of con- ference and concert. The Legislature by joint resolution of November 26, 1888, di- rected the governor to invite the governors of Texas, Louisiana, Georgia, South Carolina, Tennessee, Mississippi and Florida to appoint delegates to attend a conference on the sub- ject of quarantine regulations, to be held in Montgomery in March, 1889; and on the 23d of February, 1889, the governor was authorized to use so much of the quarantine fund as might be necessary for the quaran- tine proceedings of such conference. Dr. Jerome Cochran, State Health Officer, large- ly responsible for the original suggestion for the conference on January 10, 1889, issued a circular, in which he stated that the con- ference was called to formulate "in the light

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of our latest experience and information, the principles and regulations which should gov- ern our Southern quarantines, and at the same time, to arrange such plans for har- mony and concert of action as may seem practicable and desirable." The conference was held in the hall of the house of repre- sentatives at the Capitol, March 5-7, 1889, inclusive. It was well attended. The dele- gates consisted of representatives of state boards of health, representatives of transpor- tation companies, and of cities and towns. Dr. George M. Sternberg, of the U. S. Army was present.

Merited tribute to the medical profession was contained in the fourteen line address of Governor Thomas Seay of Alabama. He said: "You are here formally in answer to an invitation of authorities of this State, but really in response to the profound invoca- tion of humanity.

"Pestilence has always been the great enemy of mankind, and the most favored na- tions have not been exempt from its havoc. Science and government have done much, very much, to diminish its ravages, and I do not doubt that they will yet he sufficient to de- stroy it altogether. The last great enemy is death, and if it shall come under the foot of man, the honor will lie at the feet of science."

Quarantine and quarantine enforcements have never, in actual operation, had the gen- eral public's support. Criticism has arisen principally from the traveling public and the shipping interests. In their zeal for the pro- tection of the community, both the civil and health authorities have doubtless subjected themselves to some complaint. In 1889, the Alabama State authorities came in for much criticism and even abuse. However, the sober judgment of the public has usually favored the authorities, and every epidemic or alarm has made easier the tasks of those in author- ity in meeting subsequent trouble.

Comparatively few cases are on record of appeal to the State and local quarantine pow- ers. The record of local applications of the law are not available. However, a case arose in Greensboro, in which the town authorities undertook to regulate the sale of imported second-hand or cast-off clothing and other goods. The court held that the operation of the ordinance extended beyond the scope of necessary protection and prevention of dis- ease and entered into the domain of the re- straint of lawful trade by permanently pro- hibiting the importation, selling, or other- wise dealing in the enumerated article, though they may not have been used by persons or in districts affected by such diseases. Prac- tically all the cities and towns chartered by the legislature are given authority to pass and enforce all ordinances deemed necessary or proper to prevent the introduction of in- fectious diseases and to preserve the health of the inhabitants. Hardships in many cases arose in the attempt to work out satisfactory regulations, both the town and the health authorities being, as a rule, without large experience in such matters.

REFERENCES .- Toulmin, Digest (1823), p. 688; Aikin (1836), p. 352; Clay (1843), p. 500; Code, 1852, secs. 956-970; Code, 1867, secs. 1207-1222; Code, 1876, secs. 1504-1515; Code, 1886, vol. i, secs. 1260-1277; Code, 1896, vol. i, secs. 2392- 2422; Code. 1907, vol. i, secs, 736-756; Acts of Ala., 1886-87, p. 105; Ibid, 1890-91, p. 862; Ibid, 1892-93, p. 1062; Ibid, 1898-99, p. 129.

QUARTERMASTER GENERAL. One of the State military officers originally provided by the constitution of 1819. The incumbent of this position and of the office of the ad- jutant general were the only military officers who could be elected by the legislature. An early act of December 31, 1822, provided for his election for a term of four years by joint vote of both houses. His duties were "the care of all public stores, of arms, ammunition, tents, camp equipage, etc., and when any part of the militia of this state shall be called into actual service, he shall, on the requisition of the governor, furnish such articles of arms, ammunition, and camp equipage, as may be in his possession or power to procure."

The "Military Code" (see Militia, the State) adopted in 1837 enlarged his duties so as to include those of the commissary general, and, after 1852, he was required to make reports to the adjutant general of the number and condition of the military stores of the State.

A "Military Commission" was created by act of February 24, 1860, "to provide for an efficient military organization of the State of Alabama," to consist of the governor, the .adjutant and inspector general, and the quar- termaster general, which should have power to make rules and regulations for the purpose of carrying out the objects of its establish- ment, also to adopt a State flag, and to pre- scribe a uniform for the volunteer corps.

The secession convention of 1861 passed an ordinance on January 19, relating to mil- itary defense, in which provision was made for the appointment by the governor of a quartermaster general, with the rank, pay and allowances of a brigadier general, and two assistant quartermasters, with rank, pay and allowances of a captain of Dragoons, all of whom he might dismiss at his discretion, and who were required to give bond and se- curity for the faithful performance of their duties. No specific duties, however, were as- signed these officers, but the convention adopted the regulations for the Army of the United States, promulgated January 1, 1857, so far as they were consistent with the pro- visions of the ordinance, and of other ordi- nances adopted by the convention.

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History of Alabama and dictionary of Alabama biography, Volume II, Part 81

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