History of Alabama and dictionary of Alabama biography, Volume II, Part 95

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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corporate limits embrace a circle with a ra- dius of five-eighths of a mile from the court- house as the center. It has electric lights, a waterworks system of 200,000 gallons daily capacity, erected in 1912 at a cost of $23,500, a volunteer fire department installed in 1912, 3 miles of sanitary sewerage completed in 1915, and 30 miles of cherted streets. Its tax rate is 5 mills, and its bonded indebted- ness is $23,500, waterworks bonds running 30 years with interest at 5 per cent. Its banks are the First National and the J. C. Jacobs Banking Co. (State). The Scottsboro Citizen, established in 1877, and The Progress- ive Age, established in 1886, both Democratic weeklies, are published there. Its industries are 2 cotton ginneries, cotton warehouses, a sawmill, a gristmill, and the public utilities mentioned above. It is the location of the Jackson County High School.

The town was named for Hon. Robert Scott, who owned the land on which it was founded. It became the county seat in 1859, but the courthouse was not completed until after the War. Among the early settlers were the Scott, Skelton, Parks, Snodgrass, Martin, Barclay, Williams, and Frazier families. It has been the residence of Hon. W. R. W. Cobb, Gen. John B. Gordon, Hon. William L. Martin and other distinguished citizens of the State.

REFERENCES .- Acts, 1869-70, pp. 33-37; Brewer, Alabama (1872), p. 283; Northern Alabama (1888), p. 111; Polk's Alabama gazetteer, 1888- 9, p. 692; Alabama Official and Statistical Reg- ister, 1915.

SEABOARD AIR LINE RAILWAY. In- corporated under the laws of Virginia, Feb- ruary 23, 1882, as the Virginia & Carolina Railroad Co., and under the laws of North Carolina, February 7, 1883, with the same title. The franchises and property of these companies were purchased at foreclosure sale, and reorganized as the Richmond, Petersburg & Carolina Railroad Co., incorporated by acts of the North Carolina Legislature, Jan- uary 31, 1899, and the Virginia Legislature, January 12, 1900. The change of the name to the Seaboard Air Line Railway was au- thorized by the circuit court of the city of Richmond, Va., April 10, 1900; mileage operated June 30, 1915-main track and branches, 3,144.71, side tracks, 867.05, total, 4,011.76; mileage operated in Alabama- main track and branches, 221.02, side tracks, 54.45, total, 275.47; capital stock, authorized -common, $75,000,000, preferred, $25,000,- 000, total, $100,000,000, actually issued, com- mon, $37,516,000, preferred $25,000,000, total, $62,516,000; shares, $100; voting pow- er, one vote a share; and funded debt, $111,- 742,000 .- Annual report of Company to Ala. Public Service Commission, 1915.

Georgia and Alabama Railway .- In 1898 the principal owners of the Georgia & Ala- bama Railway, whose line extended from Montgomery to Lyons, Ga., purchased a con- trolling interest in the old Seaboard Air- Line system and the Florida Central & Penin- sular Railroad Co. In pursuance of a plan

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for consolidating the three companies into one system, the Seaboard Air-Line Railway was organized in 1900, supra.

The Georgia & Alabama Railway Co. was the successor, July 29, 1895, of the Savannah, Americus & Montgomery Railway Co., orig- inally a Georgia corporation, which received a charter in Alabama to cover the extension of its line from the State line to Montgomery, by legislative act, December 11, 1889. This company owned the entire stock of the Mont- gomery Terminal Co. of $200,000 and also its bonds. In 1892, default was made on interest and the property was placed in charge of receivers. On May 17, 1895, the road was sold under foreclosure in accordance with a plan for reorganization by which a new company, the Georgia & Alabama Railway, was chartered, and acquired title to all the property of the old company, including its valuable real estate in Montgomery. In De- cember, 1898, the owners of this company obtained control of the Seaboard Air-Line properties as shown above, and organized the Seaboard Air Line Railway, of which the Georgia & Alabama Railway was made a divi- sion, July 1, 1900, and February 8, 1902, merged into the system.

A contract for the joint use of the tracks of the Kansas City, Birmingham & Memphis Railroad Co. (q. v.) between Birmingham, Bessemer and Ensley, about 16 miles, for 99 years, was executed, February 12, 1903. In December, 1904, the line between Howells, Ga., and Birmingham, with branches to Car- tersville, Ga., Jacksonville and Pell City, Ala., about 200 miles in all, built by the Birming- ham Air-Line Railway, a subsidiary company of the Seaboard Air Line Railway, was opened for freight traffic, and for through traffic of passenger trains on July 2, 1905.

The Atlanta & Birmingham Air-Line Rail- way was a consolidation, July 29, 1903, of the East & West Railroad Co., the Bir- mingham & Atlanta Air-Line Railway Co., and the Chattahoochee Terminal Co. The consolidated company was owned entirely by the Seaboard Air Line Railway and was or- ganized for the purpose of carrying on the construction of the Atlanta-Birmingham line.

East and West Railroad .- The East & West Railroad Co., one of the constituent companies, was chartered in Alabama, Jan- nary 11, 1894, under the general corpora- tion laws, as successor to the East & West Railroad of Alabama, which was chartered un- der general laws, February 26, 1882, to build a road from Cartersville, Ga., to Pell City, Ala., 117 miles. The road was opened on the first of the following October. On March 16, 1888, a receiver was appointed and the property sold under foreclosure, May 29, 1893. It was purchased for account of the bondholders by Eugene Kelly, of New York City, who later transferred it to a new cor- poration organized to take over and rebuild the line, under the title of the East & West Railroad Co.

Birmingham and Atlanta Air-Line Rail- way .- The Birmingham & Atlanta Air-Line

Railway Co., another constituent company, was chartered April 23, 1902, under the gen- eral laws, to construct a railroad from Bir- mingham to a connection with the East & West Railroad at or near Coal City, Ala., and was consolidated into the Atlanta & Bir- mingham Air-Line Railway, July 29, 1903, as shown above.

Seaboard Air Line Railway .- The comple- tion of the Atlanta & Birmingham Air-Line Railway, together with the trackage rights secured from the Kansas City, Memphis & Birmingham Railroad Co., gave the Seaboard Air Line a through line from Atlanta to prac- tically the whole of the Birmingham mineral district.

The Seaboard Air Line Railway, January 2, 1908, was put into the hands of receivers upon its own application to the United States Circuit Court for the Eastern District of Vir- ginia, and was operated by them until No- vember 4, 1909, when it was restored to the company under an order of the court dated October 18, 1909. On December 18, the re- ceivers were discharged by formal decree.

REFERENCES .- Acts, 1888-89, pp. 342-344; Rail- road Commission of Ala., Annual reports, 1890 et seq .; Poor's manual of railroads, 1890 et seq.

SEAL, THE STATE. The original State seal consisted of a circular disk, on which was a map of Alabama, displaying the prin- cipal rivers. This design was, in 1818, sug- gested by Governor William Wyatt Bibb, for the use of Alabama Territory, and when the constitution of 1819 was adopted, it was pro- vided that "the present seal of the territory shall be the seal of the State, until otherwise directed by the General Assembly." This seal remained in use until changed by act of De- cember 29, 1868.

This act, descriptive of the present State seal, carried forward, through successive revisions, is as follows:

"Great Seal of the State .- The seal shall be circular, and the diameter thereof two and a quarter inches; near the edge of the circle shall be the word 'Alabama,' and op- posite this word, at the same distance from the edge shall be the words 'Great Seal.' In the center of the seal there shall be a representation of an eagle, and upon such part of the seal as the governor may direct, there shall be the words 'Here we rest.' The seal shall be called the 'Great Seal of the State of Alabama.' "

REFERENCES .- Constitution, 1819; Acts, 1868; Code, 1907.

SEALE. County seat of Russell County, situated in the central part of the county, sec. 7, T. 15, R. 29 E., on the Central of Georgia Railway, 75 miles east of Montgom- ery. Altitude: 338 feet. Population: 1890 -299; 1900-386; 1910-312. It was in- corporated by the legislature, January 12, 1872, and in 1908 it adopted the municipal code of 1907. Its corporate limits are 1 mile square with the courthouse as the center. It has the First National Bank of Seale; and the Russell Register, established August 5,

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1875, and the Russell County News, estab- lished in August, 1913, both weekly news- papers, are published there. Its public school building was erected in 1912 at a cost of $5,000. Its principial industries are a pea- nut oil mill, a fertilizer factory, 2 cotton ginneries, a bottling works, a cotton ware- house, and 2 sawmills.

The town was established in 1851 by Pat- rick H. Perry, Joshua Strong and Randolph Mitchell, who organized a mill company, in which Mrs. Hartwell Bass owned a control- ling interest. The first houses built were for employees of the company. They called the place Silver Run after the stream of that name on which the mill was located. The Mobile & Girard Railroad reached the place a few years later; and because there was an- other Silver Run in the State, the officials called it Seal Station, in honor of Arnold Seale of Chambers County, a director of the road. The post office for the locality was originally established January 27, 1853, and called Pern. Wm. D. Tarver was postmaster. The office, however, was 4 miles northeast of the present site. Later it was moved to the village of Silver Run, and was given that name. On July 1, 1858, the name was changed to Seal Station. In 1880 the name of the post office was changed to Seale, spelled with the final "e." B. H. Harris was the first postmaster at Seal Station, being succeeded a short while later by Allen G. Bass. William S. Perry was the postmaster for Silver Run. Shortly after 1865 the post office was reestablished with Alonzo Ford as postmaster.

The courthouse was moved to Seale from Crawford in 1868. The building constructed at that time continued in use until 1912, when it was remodeled. Glenn Chapel, a Methodist Church 4 miles northeast, was moved to the town in 1866.

Among the early settlers were Simeon O'Neal, later probate judge of the county, and James Fleming Waddell, a veteran of the Mexican War and a major in the War of Secession. The Strongs, Hollands, Cooks, Martins, Jennings, Henrys, Allens, Mitchells, Lewis, Glenns, Starks, and Guerrys were pio- neer families.

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

SEARIGHT. Post office and station in the southern part of Crenshaw County, on the Central of Georgia Railway, and near the west bank of Conecuh River. Population: 1910-120.

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

SECESSION CONVENTION. See Consti- tutional Conventions.

SECHARLECHA. A Lower Creek meeting place, the location of which is not deter- mined. A council of the Nation was held here in November, 1832.

REFERENCE .- Handbook of American Indians (1907), vol. 1, p. 494.

Vol. II-33

SECRET SOCIETIES. See Fraternal Or- ders.

SECRETARY OF STATE. A constitutional State executive officer, who is elected by the people for a term of four years. No person not 25 years of age, a citizen of the United States 7 years, and of the State 5 years next preceding his election is eligible to the office; he is prohibited from receiving any fees, costs or perquisites other than his prescribed sal- ary; he may he removed only by impeach- ment before the State senate, for wilful neg- lect of duty, corruption in office, incompe- tency, intemperance, or an offense involving moral turpitude while in office, on charges preferred by the house of representatives; he is ineligible to succeed himself; and he must keep his office at the State capitol.

The secretary of state is primarily the cus- todian of the State records, and he is required to keep "a fair copy" or record of all execu- tive doings. It is his duty to preserve the original or official copies of all public papers and documents, including the charters of cor- porations, the acts and journals of the legis- lature, executive proclamations, etc. He is the custodian of the State seal and affixes it when necessary to public documents. He issues all commissions to the several officers of the State; supervises the preparation for publication of the acts and journals of the legislature; supplies blank forms for the reg- istration of voters; furnishes stationery and other supplies to the State departments; re- ceives and verifies the returns of elections and the lists of expenditures of candidates; issues patents for public lands sold; has the sale of all State documents and publications; is the custodian of the standard weights and measures; and performs many other duties in connection with the administrative affairs of the State.

The office of secretary of state was one of the first established. It dates from the act of Congress, approved April 7, 1798, entitled, "An Act for an amicable Settlement of Limits with the State of Georgia, and authorizing the Establishment of a Government in the Mississippi Territory," which provided that the government of the Territory thereby cre- ated should be similar to that previously es- tablished in the North-west Territory. Under this plan, the President appointed a secretary. who should reside in the district and have a free-hoid estate therein of 500 acres of land, and who should serve for 4 years. The office continued practically unchanged in the gov- ernment of Alabama Territory, and was in- cluded among the constitutional offices when the State of Alabama was formed in 1819.

With the growth of the State, many im- portant additional duties have been assigned to the secretary of state, some of them only temporarily; but most of them have con- tinned, thus increasing the number of re- quired records and the volume of office work.

Terms of Office, Salaries, and Clerical As- sistance .- From 1819 until the adoption of the constitution of 1901, the term of the secretary of state was two years; and until

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1868 he was elected by the legislature, but since that time by the people. With the ex- ception of the extra clerical assistance neces- sary from time to time in the preparation of public documents for publication, there was no clerical force in the office authorized by law until 1903, when a chief clerk at a salary of $1,500 a year was provided. In 1907 this salary was increased to $1,800; and a ste- nographer at $900 was authorized.

The salary of the first secretary of state was $1,000 plus such fees as were allowed by law. In 1839 it was increased to $1,200 and fees, and in 1866 to $2,400 and fees. In 1876 the salary was reduced to $1,800 without fees or other compensation, but was increased to $3,000, its present figure, in 1907.

Appointments and Commissions .- The stat- utory duties of the secretary of state with respect to commissions, pardons and other executive documents are "to attest commis- sions, pardons, and all other public docu- ments from the executive of the State, and when necessary, affix the seal of the State thereto, and verify the same in his official capacity."

Public Lands .- The secretary of state is required by law, "to record, in books pro- vided for that purpose, all grants and patents issued by the State; to keep all books, maps and other papers appertaining to the survey of any lands belonging to the State, and the books and papers belonging to the land-office at Courtland. The books, maps, and field- notes of the late surveyor-general of the United States, for this State, are public ar- chives of the State, and the secretary of state must keep them in his office, and must, upon application, give certified copies of the same, which shall be received in evidence in any of the courts of this State.

"He must . . . furnish to the courts of county commissioners, from the records now in his office, exact copies of the field-notes of the original surveys of all the lands in their respective counties, which shall be on books of the proper size, to be supplied by such courts, at the close of which he shall append his certificate as to the correctness thereof- under the great seal of the State.

"He is authorized to procure from the gen- eral land-office at Washington City, complete lists of the entries of public lands in Ala- bama, so as to be enabled to complete the Alabama State tract-books in his office to date; the expenses attending the procure- ment of which to be paid upon his certificate to the auditor, who shall draw a warrant on the State treasurer.

"He must procure lists of entries of public lands in this State annually, so as to comply with the following subdivisions of this sec- tion, the expenses to be paid as provided in the last foregoing subdivision.

"He must, by the first day of October, in each year, enter on the tract-books a list of all the lands (not already so entered) sold by the United States, and must make out and furnish each probate judge, by the first day of January, in each year, a register or state-

ment showing all the lands so sold in the county of such judge, and not embraced in any register or statement previously fur- nished.

"Books and documents in relation to the public lands, after retaining one copy for the use of the executive and State depart- ments, and one for the supreme court library, are to be distributed by the secretary of state among the judges of probate for the use of the citizens of their respective counties."

Elections .- In addition to supplying the necessary forms for the registration of voters and receiving and verifying the returns of elections and the lists of campaign expendi- tures of candidates, as noted above, the sec- retary of state is required "to give notice to the solicitors of the respective circuits or counties of all officers who fail to file their expenditures in his office, or make returns of elections within the time prescribed."

Duty with Respect to Legislature .- During and after every session of the legislature, the secretary of state is required by statute "to supply the books and stationery to the legislature . . . procure the acts and res- olutions of the legislature, of which distri- bution is directed, to be half-bound and let- tered . . . receive from the state printer ten additional copies of all bills, joint reso- lutions and memorials, printed by order of either house of the legislature, and on the adjournment of every session of the legis- lature, have one of each of such copies, bound together in a cheap form, and file them and the copies not bound in his office."

For many years the secretary of state was the official custodian of the statehouse, and was specifically required to take charge of and preserve from damage the furniture and documents belonging to the legislative de- partment. Later, the private secretary to the governor was made custodian of the cap- itol, and the secretary of state was relieved of these duties.

Sale of Public Documents and Publications. -The secretary of state has charge of all books owned and kept for sale by the State, and it is his duty to make the sales and to account for all funds so received. Included with the publications for which he is the sales agent, are the reports of the decisions of the State supreme court and the court of appeals, the acts and journals of the legis- lature, codes, and such other documents and departmental reports as may be for sale. He also distributes to all State departments, to certain county officers, and to the Alabama Polytechnic Institute, Alabama Girls' Indus- trial School, and the institute for deaf and dumb and the blind, certain copies of all de- partmental reports, for preservation in their libraries.

Stationery, Fuel, and Other Supplies .- The law requires the secretary of state to supply the books and stationery needed by the leg- islature, the executive, judges of the supreme court, and the several departments of the State. Section 69 of the constitution of 1901 provides that stationery, printing, paper, and fuel used in the State departments, the pub-

ROBERT EUGENE STEINER Brigadier General, 62nd Inf. Brig., 31st Div., A. E. F.

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HISTORY OF ALABAMA

lication of departmental reports, and all other printing, binding, and repairing and furnish- ing of the rooms and halls used by the leg- islature and its committees shall be done and supplied under contract "given to the low- est responsible bidder, below a maximum price, and under such regulations as shall be prescribed by law."

In carrying out his duty under the fore- going constitutional provision, the secretary of state fixes a maximum price at which all stationery, paper and fuel used by the State departments, legislative, judicial, and execu- tive, shall be supplied; and lets to the low- est bidder a contract for the furnishing of these articles for a stipulated length of time. He is further required to "ascertain the prob- able amount of supplies needed in any fiscal year, or the probable amount of work or re- pairs needed for any given time during the term of his office, and contract for same in such quantity and amount as, in his judg- ment, will be for the best interest of the State; and to this end he may call on heads of other departments of the State government for such estimates of work and material needed by them."

After executing a contract for supplies and placing orders for the articles needed from time to time, the secretary of state "must pass upon the compliance of any contract made in pursuance of this section"; and if found regular in every respect, certify the account to the State auditor, who thereupon issues a warrant for the amount.

In addition to placing the contracts for the fuel of the State, he is required to see that, after being delivered, it is preserved from waste.

Corporations .- For many years, practically all corporations received their charters in the form of special acts of the legislature; but since October 2, 1903, when the legislature consolidated most of the separate statutes applying to corporations, charters, in accord- ance with the general laws, have been issued by the secretary of state, upon application, accompanied by a declaration of the corpo- rate purposes, capital stock, etc. Certified copies of such applications, declarations, and articles of incorporation are required to be kept in his office. He is also charged with the duty of collecting the annual registration fees required of all foreign corporations do- ing business in this State.

Automobile Registration and Chauffeurs' Licenses .- On April 22, 1911, the legislature provided for the registration, licensing, iden- tification and regulation of motor vehicles operated upon the public highways of this State, and placed upon the secretary of state the duty of recording the registration, and collecting the license taxes from automobile owners and chauffeurs. He is authorized to pay, from the proceeds of such licenses, the expenses of the necessary additional clerical assistance.

Other Duties .- In addition to the several duties set forth above, the secretary of state is required to make annually, by the 30th day of September, "a certified and itemized

account of all moneys and fees received in his office, and of all disbursements and pay- ments made by him, which must be reported `to and filed with the governor, and by him must be transmitted to the next succeeding legislature." He must see that all State and county officers file the required surety bonds. All copies of laws, or other official records, desired by any person must be obtained from his office, and for having such copies made, a schedule of fees is prescribed by law, which he is held responsible for collecting and paying into the State treasury.

On February 25, 1915, he was given gen- eral supervision of the State's oyster prop- erty, superseding the special commission cre- ated in 1909 to have charge of oyster pro- tection. (See Oyster Supervision. )

Ex Officio Duties .- In 1897 the legislature transferred the regulation of insurance from the office of the State auditor to that of the secretary of state, who, as insurance commis- sioner ex officio, was responsible for the ex- ecution of the laws. He was authorized to appoint a deputy commissioner. On Septem- ber 25, 1915, the department of insurance was created, and the secretary of state was relieved of all duties in connection therewith. The constitution of 1901, section 124, makes him a member of the board of pardons. He was appointed a member of the capitol build- ing commission, created in 1903 to supervise the enlargement and improvement of the cap- itol building and grounds. He was also a member of the State board of assessment, es- tablished in 1877, and abolished in 1915.

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History of Alabama and dictionary of Alabama biography, Volume II, Part 95

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